Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE)
Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE
Section 669-27-7 - Timber Harvesting and Timber Harvesting Related Activities Located in Areas of Special Flood Hazard
Universal Citation: 01 ME Code Rules ยง 669-27-7
Current through 2024-13, March 27, 2024
A. Areas identified by FEMA as areas of special flood hazard (Zones A, AE, A1-30 and VE) on Flood Insurance Rate Maps, Flood Hazard Boundary Maps, Flood Boundary and Floodway Maps or in Flood Insurance Studies in the unorganized areas of the state are hereby adopted by reference and declared to be part of this rule. In any case where the boundaries of a P-FP subdistrict on the official Land Use Planning Commission Map differs from the boundaries of the FEMA zones, the FEMA boundaries shall apply.
| Title | Community/County ID# and/or Map Panel # | Effective Date |
| FIRM, FIS | Andrews Island, Maine, Knox County* 230967 | 02/23/2001 |
| FIRM | Township of Argyle, ME, Penobscot County 230464A (See FIRM, FIS, Town of Greenbush, 230107, for Penobscot R. BFE*) | 09/18/1985 09/04/1987 |
| FIRM, FIS | Baring Plantation, Maine, Washington County* 230468 | 03/15/1982 |
| FIRM | Town of Benedicta, ME, Aroostook County 230420A | 09/18/1985 |
| FIRM | Town of Bristol, Maine, Lincoln County, and Unincorporated Islands* 230215 | 01/04/2002 |
| FIRM | Township of Brookton, ME, Washington County 230470A | 11/01/1985 |
| FIRM | Plantation of Carroll, ME, Penobscot County 230461A | 08/19/1985 |
| FIRM, | Cary Plantation, ME, Aroostook County 230441A | 02/01/1985 |
| FIRM | Township of Concord, ME, Somerset County 230466A | 02/01/1985 |
| FIRM | Township of Connor, ME, Aroostook County 230451A | 01/17/1985 |
| FIRM | Plantation of Cyr, ME, Aroostook County 230443A | 08/19/1985 |
| FIRM | Township of Dallas Plantation, Maine, Franklin County* 230455 | 02/23/2000 |
| FIRM | Township of Edmunds, ME, Washington County 230471A | 08/19/1985 |
| FIRM | Township of Freeman, ME, Franklin County 230457A | 09/18/1985 |
| FIRM | Plantation of Garfield, ME, Aroostook County 230444A | 08/19/1985 |
| FIRM | Grand Lake Stream Plantation, ME, Washington County 230469A | 08/05/1985 |
| FIA | Flood Hazard Boundary Map, Town of Greenfield, ME, Penobscot County 230388 | 02/21/1975 |
| FIRM | Town of Hamlin, ME, Aroostook County 230445A | 08/05/1985 |
| FIRM | Township of Kingman, ME, Penobscot County 230474A | 01/17/1985 |
| FIRM, | Township of Lambert Lake T01 R03 TS, ME, Washington County 230472A | 01/17/1985 |
| FIRM | Plantation of Macwahoc, ME, Aroostook County 230446A | 09/18/1985 |
| FIRM | Town of Madrid, ME, Franklin County 230350A | 08/19/1985 |
| FIRM/FIS | Oxford County, Maine, (All Jurisdictions) Milton Township 23017C, Panels 0832D, 0833D, 0834D, 0845D,0851D, 0852D, 0855D, 0856D, 0860D, 0865D | 07/07/2009 |
| FIRM | Plantation of Mt. Chase, ME, Penobscot County 230462A | 09/18/1985 |
| FIRM | Township of Orneville, ME, Piscataquis County 230465A | 4/17/1987 |
| FIRM | Plantation of Pleasant Ridge, ME, Somerset County 230367A | 11/01/1985 |
| FIRM | Plantation of Prentiss, ME, Penobscot County 230463A | 08/19/1985 |
| FIRM | Township of Rockwood Strip, ME, Somerset County 230467A | 12/01/1987 |
| FIRM | Plantation of St. John, ME, Aroostook County 230448A | 09/27/1985 |
| FIRM | Township of Silver Ridge, ME, Aroostook County 230452A | 09/04/1985 |
| FIRM | Township of T08-SD, ME, Hancock County (Fletcher's Landing) 230458A | 10/01/1986 |
| (See FIRM, FIS, Town of Ellsworth, 230066, for Graham L. BFE*) | 11/04/1988 | |
| FIRM | Township of T17-R4 WELS, ME, Aroostook County | |
| (Sinclair Twp.) 230453A | 10/01/1986 | |
| FIRM | Township of T17 R5 WELS, ME, Aroostook County (Cross Lake Twp.) 230454A | 05/19/1987 |
| FIRM | Township of Trescott, Maine, Washington County* 230473 (See FIRM, FIS, Town of Lubec, 230139, for bay and cove BFE*) | 02/08/1999 04/15/1992 |
| FIRM FIS | Kennebec County, Maine, (All Jurisdictions) Unity Township 230602 Panels 23011C0064D, 23011C0202D, 23011C0204D, 23011C0210D | 06/16/2011 |
| FIRM | Plantation of Winterville, ME, Aroostook County 230450A | 11/01/1985 |
Notes: BFE - Base Flood Elevation FIS - Flood Insurance Study FIA - Federal Insurance Administration FIRM - Flood Insurance Rate Map
* - Indicates BFE data is available
B. Land management roads, water crossings and gravel extraction from pits less than five acres in size located in P-FP subdistricts and FEMA zones A, AE, A1-30 and VE require a permit from the Bureau.
The Bureau must:
1.
Review all permit applications to assure that proposed developments are
reasonably safe from flooding and to determine that all pertinent development
standards will be met;
2. Determine
that all necessary permits have been obtained from those federal, state and
local government agencies from which prior approval is required by federal or
state law, including but not limited to Section 404 of the Federal Water
Pollution Control Act Amendments of 1972,
33 U.S.C.
§1344;
3. Notify adjacent communities, the
Department of Environmental Protection and the Maine Floodplain Management
Program at the Department of Agriculture, Agriculture, Conservation and
Forestry and Forestry prior to any alteration or relocation of a water course
and submit copies of such notifications to the Federal Emergency Management
Agency;
4. Maintain as a permanent
record, copies of all flood hazard development permit applications,
corresponding permits issued and all data relevant thereto; and
5. Require an emergency action plan to remove
any equipment or materials from the site before a potential flooding
event.
C. Development in Flood Prone Areas. Development in flood prone areas, including areas of special flood hazard, must:
1. Be designed or modified and adequately
anchored to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
2. Use construction
materials that are resistant to flood damage; and
3. Use construction methods and practices
that will minimize flood damage.
D. Watercourse Carrying Capacity. All development associated with altered or relocated portions of a watercourse must be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.
E. Development in Floodways
1. In Zones A1-30 and AE adjacent to areas of
flowing water, encroachments, including fill, construction, and other
development shall not be permitted within a regulatory floodway which is
designated on the township's, plantation's, or town's "Flood Insurance Rate
Map" or "Flood Boundary and Floodway Map," unless a technical evaluation
certified by a registered professional engineer is provided demonstrating that
such encroachments will not result in any increase in flood levels during the
occurrence of the base flood discharge.
2. In Zones A1-30, AE, and A adjacent to
areas of flowing water, for which no regulatory floodway is designated,
encroachments, including fill, construction, and other development shall not be
permitted in the floodway unless a technical evaluation certified by a
registered professional engineer is provided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing
development and anticipated development:
a.
Will not increase the surface elevation of the base flood more than one foot at
any point within the township, plantation, or town; and,
b. Is consistent with the technical criteria
contained in Chapter 5 entitled "Hydraulic Analyses," Flood Insurance Study -
Guidelines and Specifications for Study Contractors, (FEMA 37/ January 1995, as
amended).
3. In Zones
A1-30, AE, and A adjacent to areas of flowing water for which no regulatory
floodway is designated, the regulatory floodway is determined to be the channel
of the river or other flowing water and the adjacent land areas to a distance
of one-half the width of the floodplain as measured from the normal high water
line to the upland limit of the floodplain.
F. Coastal Floodplains. The use of fill in Zone VE is prohibited. Human alteration of sand dunes within Zone VE is prohibited unless it can be demonstrated that such alterations will not increase potential flood damage.
G. Bridges. Any bridge or bridge improvement other than normal maintenance and repair must be designed such that:
1. When possible, the lowest horizontal
member (excluding the pilings, or columns) is elevated to at least one foot
above the base flood elevation; and
2. A registered professional engineer must
certify that:
a. The structural design and
methods of construction meet the elevation requirements set forth in Section
7(G)(1)and the floodway standards set forth in Section 7(C)and (E);
and
b. The foundation and
superstructure attached thereto are designed to resist flotation, collapse and
lateral movement due to the effects of wind and water loads acting
simultaneously on all structural components. Water loading values used must be
those associated with the base flood.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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