Prohibitions

38 M.R.S. § 480-C, under Chapter 3.

38 M.R.S. § 480-C

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).]

(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.

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).]

3. Application.

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.

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.