[watershedmanagers] Permit by Rule update summary for NPS Watershed Partners

[News and discussion forum for watershed managers in Maine]

Hello watershed partners,

This is a "heads-up" message.  Maine's Chapter 305, Permit-by-rule, was recently updated, by the Department and the Board of Environmental Protection.  These updates are expected to be effective as of June 17, but that date is subject to change.  We'll send another notification through this listserv when the rules take effect.  The information below is by no means a complete summary of the rule updates, but rather a quick reference as you plan the summer construction season.  If you'd like to read the rule more closely, you can find it here: https://www.maine.gov/dep/bep/2024/12-19-24/Chapter%20305%20insertions%20in%20red.pdf.

If you have any questions about how these changes affect your project, please contact John Maleri at john.l.maleri at maine.gov<mailto:john.l.maleri at maine.gov>.

If you have questions about Permit-by-Rules in general, please contact the DEP's Land Bureau staff https://www.maine.gov/dep/land/contacts/index.html

Changes relevant to Nonpoint Source Program
Estimated Effective Date of changes - June 17 - but subject to change
General Updates
Permit-by-Rule Effective period - changing from 14 days to 20 working days.

  *   A PBR submission is effective after 20 working days unless accepted or returned for additional details by the Maine DEP before that.

     *   Working day defined as "weekdays (Monday-Friday) excluding State holidays and any other day State of Maine offices are closed.
Permit-by-Rule Public Notice Requirements - Public notice is now only needed for the property abutters and the town.

  *   No longer need to provide public notice to property owners within 1,000 feet of the project site
Erosion and Sedimentation Control Requirements - Erosion and sedimentation control requirements have been updated in each relevant section to better match the latest standards.

  *   Review each specific Section for detailed requirements.
Section 8 Shoreline Stabilization - significant updates. Review Section 8 carefully. Main takeaways include:

  *   All riprap projects at a site are now cumulative

     *   100 linear feet of in-land shoreline total on a property.

  *   New limits on total square footage of fill (i.e riprap below waterline):

     *   200 square feet below the normal high waterline for freshwater wetlands, great ponds, rivers, streams or brooks.

  *   Shoreline stabilization via Permit-by-Rule (PBR) can now occur in coastal wetlands.

     *   Specific requirements regarding size and square footage.

  *   Additional relevant standards - please review Chapter 305 Section 8 carefully for specific information:

     *   Non native species of vegetation cannot be planted
     *   Biodegradable stabilization materials may be used to support the establishment of native vegetation adjacent to any protected natural resource.
     *   Riprap must be tapered downward as it approaches an abutting property line and may not be placed within 5 feet of an abutting property line.




Alex Wong (he/his/him)
Nonpoint Source Program Manager
Maine Department of Environmental Protection<https://www.maine.gov/dep/water/grants/319.html>
17 State House Station, Augusta, ME  04333
207-694-9533 (cell)

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