Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 310 - WETLANDS AND WATERBODIES PROTECTION
Section 096-310-9 - Application Requirements

Universal Citation: 06 ME Code Rules ยง 096-310-9

Current through 2024-38, September 18, 2024

In addition to broader information required for a Natural Resources Protection Act permit and Water Quality Certification, an application for a wetland alteration activity must contain the following information, unless the department determines that more or less information is needed to evaluate a specific project, based on the nature of the alteration proposed.

A. Alternatives Analysis. A report that analyzes whether a less environmentally damaging practicable alternative to the proposed alteration, which meets the project purpose, exists. Determining whether a practicable alternative exists includes:

(1) Utilizing, managing or expanding one or more other sites that would avoid the wetland impact;

(2) Reducing the size, scope, configuration or density of the project as proposed, thereby avoiding or reducing the wetland impact;

(3) Developing alternative project designs, such as cluster development, that avoid or lessen the wetland impact; and

(4) Demonstrating the need, whether public or private, for the proposed alteration.

B. Site Characteristics Report. A report that contains the following:

(1) A plan at a scale of a minimum of 1 inch equals 100 feet, that shows two-foot contour intervals, existing wetland boundaries, the area of wetland to be altered, and project dimensions. All components of the project impacting wetlands or other protected natural resources must be included;

(2) Existing wetland characteristics including water depths, vegetation and fauna;

(3) If required, a functional assessment of the wetland to be altered, conducted by a qualified professional, that analyzes the wetland's value based on the functions it serves and how the wetland will be affected by the proposed alteration. The functional assessment must be conducted by a qualified professional(s) using an acceptable methodology approved by the department. If other than an established methodology is proposed, the applicant must submit documentation describing how the methodology was developed, how the wetland functions and values are determined using the methodology, and how much field testing the technique has undergone.

In cases where the size of the wetland alteration or other factors make the use of an established assessment methodology impracticable or inappropriate, the department may instead accept the best professional judgment of a qualified professional. The applicant must notify the department if he or she intends to use best professional judgment; and NOTE: For great ponds, a functional assessment is not usually required. Information requirements are determined by the department on a case-by-case basis.

(4) Current photographs of the wetland to be altered that show its characteristics. Photographs may be taken from the air or ground but should be taken during the growing season.

C. Activity Description. A description of the overall proposed activity with particular reference to its impact on the wetland, including the precise location of the project activity, its dimensions, the amount of fill (if any proposed), any proposed drainage, the timing and procedures proposed for the alteration, and any efforts proposed for reducing impacts.

D. Compensation Plan. A plan for the proposed compensation work, if any, including a topographic map at a scale of a minimum of 1 inch equals 100 feet showing two-foot contour intervals and proposed wetland boundaries. This plan must also include:

(1) Proposed boundaries and characteristics of the compensation site, including elevation, sources of water, and proposed vegetation;

(2) A narrative describing the specific goals of the compensation work in terms of particular wetland functions and values as related to those of the original wetland. This narrative must also identify the criteria by which to measure success of the compensation work (e.g. water level within tolerances as defined in the proposal, percent survival of plants, etc.);

(3) A narrative describing the available literature or experience to date (if any) for carrying out the compensation work;

(4) Proposed implementation and management procedures for the compensation work;

(5) A description of the short-term and long-term sources of water for the wetland, including the water quality of these sources;

(6) Plans for re-planting, including a description of plant species, sizes and sources of plant material, numbers of each species/size, proposed spacing of plants, and explanation of how, when and where seeding or planting will take place;

(7) Proposed buffers or protective measures such as sediment control methods;

(8) Plans for monitoring the compensation work, identifying criteria which require mid-course corrections (e.g. less than 75% plant survival after 2 years). A description of proposed remediation measures and a construction schedule for them shall be included unless otherwise approved by the department; and

(9) Plans, if any, for control of non-indigenous plant species.

E. Covenant and Restriction or Conservation Easement. For compensation projects involving a covenant and restriction or a conservation easement, the proposed deed or easement language, developed in accordance with Section 6(F) above, must be submitted. Additionally, any agreements or terms necessary to execute the restriction or easement, such as an agreement for the holder of the easement, must also be included.

NOTE: The applicant is strongly encouraged, but not required, to meet with the department staff in order to establish the wetland's classification and the overall adequacy of the proposal before drafting actual plans.

F. Additional Information. Because of the site-specific nature of activities and potential impacts, more or less information may be required by the department on a case-by-case basis, in order to determine whether the standards are met. If the Project Manager identifies particular information needed to review the project, that information must be included when the application is submitted to the department or the application will not be accepted as complete for processing. Also, additional information may be required by the department during the review process to determine whether the standards are met. Failure to provide any requested additional information necessary for the processing of the application may result in the denial of the application.

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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