§ 38 §480-E — Permit processing requirements

Maine § 38 §480-E

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

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.
1.
Municipal and other notification.
The department shall provide notice according to this subsection.
2.
Water supply notification and review.
If the resource subject to alteration or the underlying ground water is utilized by a community public water system as a source of supply, the applicant for the permit shall, at the time of filing an application, forward a copy of the application to the community public water system and the drinking water program of the Department of Health and Human Services by certified mail and the department shall consider any comments concerning the application filed with the commissioner within a reasonable period, as established by the commissioner.
3.
Dredge spoils disposal.
The commissioner may not accept an application for dredge spoils disposal in a coastal wetland unless the following requirements are met.
4.
Deferrals.
When winter conditions prevent the department or municipality from evaluating a permit application, the department or municipality, upon notifying the applicant of that fact, may defer action on the application for a reasonable period. The applicant may not alter the resource area in question during the period of deferral.
5.
Permission of record owner.
The written permission of the record owner or owners of flowed land is considered sufficient right, title or interest to confer standing for submission of a permit application, provided that the letter of permission specifically identifies the activities being performed and the area that may be used for that purpose. The commissioner may not refuse to accept a permit application for any prohibited activity due to the lack of evidence of sufficient right, title or interest if the owner or lessee of land adjoining a great pond has made a diligent effort to locate the record owner or owners of flowed land and has been unable to do so.
6.
Permit display.
A person issued a permit pursuant to this article for activities in a great pond watershed shall have a copy of the permit on site while work authorized by that permit is being conducted. Activities exempt by rule from the requirements of this article are not required to be in compliance with this subsection.
7.
Individual permit; maintenance dredging.
Notwithstanding section 480‑X, if an analysis of alternatives to the dredging project has been completed by the applicant within the previous 10 years pursuant to section 480‑X and rules adopted to implement that section as part of an individual permit application, the applicant may update the previous analysis for purposes of obtaining an individual permit for maintenance dredging under this subsection.
8.
Permit by rule; maintenance dredging renewal.
An individual permit for maintenance dredging may be renewed with a permit by rule only if the area to be dredged is located in an area that was dredged within the last 10 years and the amount of material to be dredged does not exceed the amount approved by the individual permit.
9.
Permit; reconstruction in V-Zone.
10.
Road construction associated with forest management activities.
11.
Road construction associated with forest management activities.
A permit by rule for road construction or maintenance associated with a forest management activity becomes effective upon receipt of notification by the department as long as:
12.
Dam removal.
A person intending to file an application for a permit to remove an existing dam must attend a preapplication meeting with the department and must hold a public informational meeting prior to filing the application. The preapplication meeting and the public informational meeting must be held in accordance with the department's rules on the processing of applications.
13.
Information sharing with affected municipality.
When the department issues or denies a permit or approves or denies a permit by rule under this article, the department shall provide a copy of the permitting decision or other authorization or denial to each municipality in which the proposed activity is to occur. The department may provide the information required under this subsection electronically.
14.
Minor expansion of structures in a coastal sand dune system.
The department may authorize a one-time expansion of an existing residential or commercial structure in a coastal sand dune system through permit by rule if:
15.
Coastal sand dune system restoration projects; stabilization materials.
The department may authorize through a permit or a permit by rule under this article a coastal sand dune system restoration project that uses allowable stabilization materials for the planting of native dune vegetation as long as the project meets the requirements of this subsection and satisfies all other applicable requirements for the permit or permit by rule.
16.
Height increase upon reconstruction or replacement of pier, wharf or dock in, on or over coastal wetland.
Notwithstanding any provision of this article to the contrary, the department may authorize through a permit by rule an increase in the height of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland when the pier, wharf or dock is reconstructed or replaced if:
17.
Reconstruction or replacement of pier, wharf or dock in, on or over coastal sand dune system.
Notwithstanding any provision of this article to the contrary, the department may authorize through a permit or a permit by rule the reconstruction or replacement of a pier, wharf or dock located wholly or partially in, on or over a coastal sand dune system if:
18.
(REALLOCATED FROM T. 38, §480-E, sub-§16) Consistency with mandatory shoreland zoning laws.
The commissioner may return an application for a permit under this article as incomplete for processing pursuant to section 344, subsection 1 if the commissioner finds that there is a reasonable likelihood that the proposed activity would be inconsistent with the minimum guidelines for municipal zoning and land use controls adopted by the board pursuant to section 438‑A, subsection 1. If an application is returned pursuant to this subsection, the commissioner may require that a resubmitted application be accompanied by a municipal approval demonstrating that the proposed activity is in compliance with the board's adopted minimum guidelines.
19.
Height increase of existing seawall in coastal sand dune system.
Notwithstanding any provision of this article to the contrary, the department may authorize a one-time increase in the height of a seawall or similar structure in a coastal sand dune system through a permit under this article if the following conditions are met.
20.
(REALLOCATED FROM T. 38, §480-E, sub-§19) Public-use airports.
Notwithstanding any provision of this article to the contrary, the department may not include in any permit issued pursuant to this article any conditions that, as determined by the department, would decrease safety within the air operations area at a public-use airport.

Legislative History

PL 1987, c. 809, §2 (NEW). PL 1989, c. 656, §4 (RPR). PL 1989, c. 890, §§A40,B73 (AMD). PL 1991, c. 838, §24 (AMD). PL 1993, c. 296, §3 (AMD). PL 1997, c. 240, §1 (AMD). PL 1999, c. 298, §1 (AMD). PL 1999, c. 333, §19 (AMD). PL 1999, c. 695, §3 (AMD). PL 2003, c. 23, §1 (AMD). PL 2003, c. 134, §1 (AMD). PL 2005, c. 548, §1 (AMD). PL 2007, c. 353, §10 (AMD). PL 2009, c. 615, Pt. E, §10 (AMD). PL 2011, c. 65, §§1, 2 (AMD). PL 2011, c. 682, §38 (REV). PL 2019, c. 181, §1 (AMD). PL 2021, c. 186, §5 (AMD). PL 2023, c. 97, §1 (AMD). PL 2023, c. 497, §1 (AMD). PL 2023, c. 531, §§1, 2 (AMD). RR 2023, c. 2, Pt. A, §57 (COR). PL 2025, c. 122, §§1, 2 (AMD). PL 2025, c. 329, §1 (AMD). RR 2025, c. 1, Pt. A, §61 (COR).