Title 38, Title 38

The department shall process all permits under this article, except as provided in section 480‑E‑1, in accordance with chapter 2, subchapter I, and the following requirements. [PL 1999, c. 333, §19 (AMD).] 1. Municipal and other notification. The department shall provide notice a…

Except as provided in section 480‑E‑3, the Maine Land Use Planning Commission shall issue all permits under this article for activities that are located wholly within its jurisdiction and are not subject to review and approval by the department under any other article of this cha…

The commissioner may delegate review authority to determine whether an activity that requires a permit because it is located within a community public water system primary protection area meets the standards in section 480‑D, subsections 2 and 5 if the activity does not in whole …

Notwithstanding section 480‑E‑1, the Department of Agriculture, Conservation and Forestry, Bureau of Forestry shall issue all permits under this article for timber harvesting activities in all areas of the State that are not subject to review and approval by the department under …

Regardless of its identification on maps as a high or moderate value waterfowl and wading bird habitat, an upland area adjacent to a great pond is not considered high or moderate value waterfowl and wading bird habitat for purposes of this article unless the upland area is within…

1. Delegation. A municipality may apply to the board for authority to issue all permits under this article or for partial authority to process applications for permits involving activities in specified protected natural resources or for activities included in chapter 305 of the d…

If an area is identified by the Department of Inland Fisheries and Wildlife as the type of area listed in section 480‑B, subsection 10, paragraph B, subparagraph (3) after the effective date of this section, the department shall notify each municipality in which the significant w…

If the board finds that a municipality has failed to satisfy one or more of the criteria listed in section 480‑F, the board shall notify the municipality accordingly and make recommendations through which it may establish compliance. The municipality may then submit a modified ap…

1. Excavation authorized before June 8, 2006. Unless a permit is required due to the presence of a protected natural resource other than a high and moderate value inland waterfowl and wading bird habitat, an excavation or quarry that was authorized pursuant to article 6, 7 or 8‑A…

In fulfilling its responsibilities to adopt rules pursuant to section 341‑D, the board, to the extent practicable, shall adopt performance and use standards for activities regulated by this article. These standards at a minimum must include: [PL 1995, c. 347, §3 (AMD).] 1. Depart…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coastal area" has the same meaning as in section 1802, subsection 1. [PL 2009, c. 270, Pt. A, §2 (NEW).] B. "Generating facilities" has the same m…

1. Identification by maps. The commissioner shall map areas meeting the definition of fragile mountain areas set forth in this article. The data developed under section 546‑B may be used for mapping significant wildlife habitat. Maps of significant wildlife habitats that have bee…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Decommissioning" means the physical removal of all components of a small-scale wind energy development, including, but not limited to, wind turbin…

Maps delineating the boundaries of freshwater wetlands, significant wildlife habitat and fragile mountain areas that meet the criteria of this article shall be available at the offices of the municipality and of the regional council in which the resources are located.

1. Program. The commissioner shall contract with a private organization to establish and administer a program to reduce shoreline erosion and protect lake water quality, as described in subsections 2 and 3, as long as the commissioner determines that there are sufficient funds av…

The commissioner shall maintain, in cooperation with other state agencies, a data bank containing all the known information pertaining to all resources of state significance, as enumerated in this article, within the State. All governmental agencies, state or federal, shall make …

1. Fund established; purposes and administration. The Coastal Sand Dune Restoration and Protection Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the department from which the department may pay up to 50% of the eligible costs incurred…

The commissioner, in cooperation with other state agencies, is authorized to conduct research and studies to determine how the resource values of resources of state significance can be restored and enhanced.

The department is the public agency of the State authorized to accept funds, public and private, for the purposes of this article.

1. Fund purposes and administration. There is established a nonlapsing Lake Water Quality Restoration and Protection Fund, referred to in this section as "the fund," from which the commissioner may pay up to 50% of the eligible costs incurred in a lake water quality restoration o…

Nothing in this article prohibits the rebuilding, replacement or new construction of a bulkhead, retaining wall or similar structure, provided that the applicant for a permit demonstrates to the department or municipality, as appropriate, that the following conditions are met. [P…

In accordance with Title 12, section 402, outstanding river segments shall include: [PL 1987, c. 809, §2 (NEW).] 1. Aroostook River. The Aroostook River from the Canadian border to the Masardis and T.10, R.6, W.E.L.S. town line, excluding the segment in T.9, R.5, W.E.L.S., includ…

A permit is not required for the following activities if the activity takes place solely in the area specified below: [PL 1987, c. 809, §2 (NEW).] 1. Water lines and utility cables. In an area which affects a great pond, the placement of water lines to serve a single-family house…

1. Violations. A violation is any activity which takes place contrary to the provisions of a valid permit issued under this article or without a permit having been issued for that activity. Each day of a violation shall be considered a separate offense. A finding that any such vi…

The commissioner shall establish procedures to charge applicants for costs incurred in reviewing license and permit applications regarding significant wildlife habitats in the same manner as provided for other fees in section 352. The maximum fees are $150 for processing and $50 …

1. General permit. An individual permit is not required for the alteration of freshwater wetlands to cultivate cranberries as long as the provisions of this section are met. 2. Requirements. An application must be filed with the department and must meet the following requirements…

This article applies to all protected natural resources in the State. [PL 2007, c. 290, §6 (RPR).] 1. Exemptions.

1. Protective materials. 2. Strengthening of structure. 3. Emergency action exemption. Notwithstanding section 480‑C, if the local code enforcement officer, a state-licensed professional engineer or a state-licensed geologist determines that the integrity of a seawall, bulkhead, …

An application for a permit to undertake activities altering freshwater wetlands must be processed by the department using the review process described in this section. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] 1. Application. This section does not apply to activit…

1. General permit. A general permit is required for the alteration of a freshwater, nontidal stream to construct an agricultural irrigation pond. If the provisions of this section are met, an individual permit is not required. 2. Eligibility criteria. The following eligibility cr…

The department may establish a program providing for compensation of unavoidable losses to an area listed in subsection 7 due to a proposed activity. Compensation must include the restoration, enhancement, creation or preservation of an area or areas that have functions or values…

The Legislature finds that the economic and social well-being of the citizens of the State of Maine depends upon the location of state, municipal, quasi-municipal, educational, charitable, commercial and industrial developments with respect to the natural environment of the State…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 700, §2 (AMD).] 1. Board. 1-A. Borrow pit. "Borrow pit" means a mining operation undertaken primarily to extract and remove sand, fill or gravel. "Borrow…

1. Approval required. A person may not construct or cause to be constructed or operate or cause to be operated or, in the case of a subdivision, sell or lease, offer for sale or lease or cause to be sold or leased any development of state or regional significance that may substan…

The department shall approve a development proposal whenever it finds the following. [PL 1995, c. 704, Pt. A, §8 (AMD); PL 1995, c. 704, Pt. C, §2 (AFF).] 1. Financial capacity and technical ability. The developer has the financial capacity and technical ability to develop the pr…

If a borrow pit was between 5 and 30 acres on October 1, 1993 and was not licensed as required under this article, its owner or operator is not required to obtain a license under this article if: [PL 1995, c. 700, §7 (AMD).] 1. Notice of intent to comply. Pursuant to section 490‑…

In addition to other standards required by or pursuant to this article, a quarry or an excavation for borrow, clay, topsoil or silt that is licensed pursuant to this article, regardless of the date of licensing, must meet the following minimum standards concerning dust control an…

1. Compensation fee. The department shall establish a solar energy compensation program in accordance with this section. The program must require a person who obtains approval under this article to construct or cause to be constructed a solar energy development located on high-va…

1. Compensation fee program. The department shall establish a compensation fee program to fund a compensation project as an alternative means of satisfying requirements related to off-site habitat improvement or preservation that the department determines necessary to mitigate th…

1. Application. Any person intending to construct or operate a development shall, before commencing construction or operation, notify the commissioner in writing of the intent, nature and location of the development, together with such other information as the board may by rule r…

1. Hearings. If the department determines to hold a hearing on a notification submitted pursuant to section 485‑A, the department shall solicit and receive testimony to determine whether that development will in fact substantially affect the environment or pose a threat to the pu…

1. Authorization. The department may issue a general permit for all or a subclass of developments constructed or caused to be constructed or operated or caused to be operated by the Department of Transportation or the Maine Turnpike Authority that require approval pursuant to thi…

1. Preliminary notice required for hazardous activities. 2. Power generating facilities. In case of a permanently installed transmission line carrying 100 kilovolts, or more, proposed to be erected within this State by a transmission and distribution utility or utilities, the pro…

This article does not apply to any development in existence or in possession of applicable state or local licenses to operate or under construction on January 1, 1970, or to any development the construction and operation of which has been specifically authorized by the Legislatur…

The commissioner may register municipalities for authority to substitute permits issued pursuant to Title 30‑A, chapter 141 or 187, for permits required by section 485‑A under the following conditions. [PL 1995, c. 493, §8 (AMD).] 1. Kinds of projects. The following kinds of proj…

1. Review. Except as provided in section 488, subsection 9‑A, paragraphs A, B and C, the department shall review development within the unorganized and deorganized areas as defined in Title 12, section 682, subsection 1. 2. Criteria for approval. The department shall approve a de…