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 096-375-9 - Buffer Strips
Current through 2024-13, March 27, 2024
A. Preamble. The Department recognizes the importance of natural buffer strips in protecting water quality and wildlife habitat. The Department also recognizes that buffer strips can serve as visual screens which can serve to lessen the visual impact of incompatible or undesirable land uses. The width and nature of buffer strips, if required, shall be determined by the Department on a case-by-case basis.
B. Scope of Review. In determining whether the developer has made adequate provision for buffer strips, when appropriate, the Department shall consider all relevant evidence to that effect, such as evidence that:
NOTE: The following GUIDELINES should be considered in establishing visual buffer strips.
C. Excavations for Sand, Gravel, Clay, Silt, Topsoil, or Rock -- Buffer strips associated with an excavation for sand, gravel, clay, silt, topsoil, or rock must meet the buffer strip standards specified in Performance Standards for Excavations, 38 M.R.S.A. §490-D, and Performance Standards for Quarries, 38 M.R.S.A. §490-Z. These standards apply in lieu of Section 9(B) (1)-(3).
A gravel pit previously licensed under the Site Location of Development Law, 38 M.R.S.A §484, may apply for a modification of the buffer strip requirements in such a permit. The Department may approve such modification if the buffer strip at least meets the minimum standards of §§ 490-D and 490-Z and the proposed excavation will not result in an unreasonable adverse impact on the natural environment.
D. Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that adequate provision of buffer strips, when appropriate, will be made, including information such as the following:
E. Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the developer has made adequate provision for the establishment of buffer strips, such as requiring: