Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT
Section 096-375-3 - No Unreasonable Alteration of Natural Drainage Ways

Universal Citation: 06 ME Code Rules ยง 096-375-3

Current through 2024-38, September 18, 2024

A. Scope of Review. In determining whether the proposed development will cause an unreasonable alteration of natural drainage ways, the Department shall consider all relevant evidence to that effect, such as evidence that:

(1) Where a development site is traversed by a natural water course, drainage way, channel, or stream, a drainage right-of-way will be provided that substantially conforms with the lines of such natural water courses. Such rights-of-way shall be at least thirty feet in width.

(2) Any grading or other construction activity on the site will cause no unreasonable alteration of natural drainage ways such that drainage, other than that which occurred prior to development, will adversely affect adjacent parcels of land and that drainage ways flowing from adjacent parcels of land to the development site will be impeded.

B. Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that there will be no unreasonable alteration of natural drainage ways, including information such as the following, when appropriate.

(1) A plan showing all existing water courses, drainage ways, channels, or streams to be affected by the development, and the nature, width and location of proposed easements, rights-of-way, culverts, catch basins or other means of channeling surface water within the development and over adjacent parcels of land.

(2) Deed covenants which establish the easements or rights-of-way and provide for their continued maintenance.

C. Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that there will by no unreasonable alteration of natural drainage ways.

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