Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 335 - SIGNIFICANT WILDLIFE HABITAT
Section 096-335-2 - Definitions

Universal Citation: 06 ME Code Rules ยง 096-335-2

Current through 2024-13, March 27, 2024

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

The terms "freshwater wetland" and "significant wildlife habitat" have the same meaning as in the NRPA in 38 M.R.S.A. §480-B.

A. Activity. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials, draining or otherwise dewatering, filling or any construction, repair or alteration of any permanent structure in, on, or over a significant wildlife habitat, or adjacent to a significant wildlife habitat contained within a freshwater wetland, as applicable under the NRPA.

On a case-by-case basis as determined by the department, the term "activity" may not include:

(1) The disturbance of very little soil through an activity such as installing a fence post or planting shrubs by hand;

(2) The addition of a minor feature, such as a bench or hand rail, to a structure; or

(3) The construction, repair or alteration of a small structure with minimal impact such as a nesting box, pasture fence, or staff gauge.

B. Adjacent to a significant wildlife habitat contained within a freshwater wetland. The area adjacent to and within 75 feet, measured horizontally, of that portion of the significant wildlife habitat contained within the freshwater wetland.

C. Existing development area. The area of property altered including, but not limited to, buildings, driveways, parking areas, wastewater disposal systems, lawns and other non-native vegetation, as of September 15, 1998.

D. Practicable. Available and feasible considering cost, existing technology and logistics based on the overall purpose of the project.

E. Subject wildlife. Wildlife species for which an area has been designated as significant wildlife habitat.

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