1. Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following:
A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or [PL 1995, c. 460, §4 (RPR); PL 1995, c. 460, §12 (AFF).]
B. Freshwater wetlands consisting of or containing:

(1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or
(2) Peatlands dominated by shrubs, sedges and sphagnum moss. [PL 1995, c. 460, §4 (RPR); PL 1995, c. 460, §12 (AFF).]
A person may not perform or cause to be performed any activity in violation of the terms or conditions of a permit.

[PL 2001, c. 618, §2 (AMD).]

Terms Used In Maine Revised Statutes Title 38 Sec. 480-C

  • Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A
  • Protected natural resource: means coastal sand dune systems, coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, community public water system primary protection areas, great ponds or rivers, streams or brooks, as these terms are defined in this article. See Maine Revised Statutes Title 38 Sec. 480-B
  • River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A
  • significant groundwater well: includes :
    (a) A public water system used solely to bottle water for sale; and
    (b) Any portion of a public water system that is:
    (i) Constructed on or after January 1, 2009;
    (ii) Used solely to bottle water for sale; and
    (iii) Not connected to another portion of the public water system through pipes intended to convey water. See Maine Revised Statutes Title 38 Sec. 480-B
  • significant wildlife habitat: is a s defined and mapped in accordance with section 480?I by the Department of Inland Fisheries and Wildlife, the following areas that are defined by the Department of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the Department of Environmental Protection or are within any other protected natural resource:
    (1) Significant vernal pool habitat;
    (2) High and moderate value waterfowl and wading bird habitat, including nesting and feeding areas;
    (3) Shorebird nesting, feeding and staging areas; and
    (4) Habitat for state endangered and state threatened species listed under Title 12, section 12803, subsection 3 that is within another protected natural resource area or that is located wholly or partly within the boundaries of a proposed project site that requires approval from:
    (a) The department pursuant to this article or article 6, 7 or 8?A, except for activity or development on a residential lot that is not part of a proposed multi lot housing development; or
    (b) The Maine Land Use Planning Commission pursuant to this article as provided in section 480?E?1 or, for subdivisions and nonresidential uses only, pursuant to Title 12, chapter 206?A. See Maine Revised Statutes Title 38 Sec. 480-B
  • Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A
  • Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-A
2. Activities requiring a permit. The following activities require a permit:
A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; [PL 1987, c. 809, §2 (NEW).]
B. Draining or otherwise dewatering; [PL 1987, c. 809, §2 (NEW).]
C. Filling, including adding sand or other material to a sand dune; or [PL 1987, c. 809, §2 (NEW).]
D. Any construction, repair or alteration of any permanent structure. [PL 1987, c. 809, §2 (NEW).]

[PL 1987, c. 809, §2 (NEW).]

3. Application.

[PL 1993, c. 721, Pt. F, §1 (RP); PL 1993, c. 721, Pt. H, §1 (AFF).]

4. Significant groundwater well. A person may not perform or cause to be performed the establishment or operation of a significant groundwater well without first obtaining a permit from the department.

[PL 2007, c. 399, §11 (NEW).]

5. Small-scale wind energy development. A person may not construct or cause to be constructed a wind energy development requiring certification under Title 35?A, section 3456 without first obtaining a permit from the department under section 480?II.

[PL 2015, c. 264, §2 (NEW).]

SECTION HISTORY

PL 1987, c. 809, §2 (NEW). PL 1989, c. 430, §4 (AMD). PL 1989, c. 838, §4 (AMD). PL 1989, c. 890, §§A40,B70 (AMD). PL 1993, c. 721, §F1 (AMD). PL 1993, c. 721, §H1 (AFF). PL 1995, c. 460, §4 (AMD). PL 1995, c. 460, §12 (AFF). PL 2001, c. 618, §2 (AMD). PL 2007, c. 399, §11 (AMD). PL 2015, c. 264, §2 (AMD).
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