§ 38 §480-Q — Activities for which a permit is not required

Maine § 38 §480-Q

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

Text

A permit is not required for the following activities if the activity takes place solely in the area specified below:
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 or the installation of cables for utilities, such as telephone and power cables, provided that the:
2.
Maintenance and repair.
Maintenance and repair of a structure, other than a crossing, in, on, over or adjacent to a protected natural resource if:
2-A.
Existing road culverts.
2-B.
Floating docks.
Replacement of a floating dock with another floating dock if the dimensions of the replacement dock do not exceed those of the dock being replaced and the configuration of the replacement dock is the same as the dock being replaced. In any action brought by the department against a person claiming an exemption under this subsection, the burden is on that person to demonstrate that the replacement dock satisfies the requirements of this subsection;
2-C.
Transportation reconstruction or replacement project within a community public water system primary protection area.
A transportation reconstruction or replacement project located within a community public water system primary protection area as long as a permit is not required due to the presence of any other type of protected natural resource;
2-D.
Existing crossings.
A permit is not required for the repair and maintenance of an existing crossing or for the replacement of an existing crossing, including ancillary crossing installation activities such as excavation and filling, in any protected natural resource area, as long as:
2-E.
Nonhydropower dams.
Maintenance and repair of an existing nonhydropower dam, as long as:
2-F.
Repair of pier, wharf or dock in, on or over coastal wetland.
Repair of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland if:
3.
Peat mining.
4.
Interstate pipelines.
Alteration of freshwater wetlands associated with the construction, operation, maintenance or repair of an interstate pipeline, subject to article 6, where applicable;
5.
Gold panning.
Notwithstanding section 480‑C, a permit shall not be required for panning gold, provided that stream banks are not disturbed and no unlicensed discharge is created;
5-A.
Motorized recreational gold prospecting.
Notwithstanding section 480‑C, a permit is not required for motorized recreational gold prospecting as long as the provisions of this subsection are met.
6.
Agricultural activities.
Subject to other provisions of this article that govern other protected natural resources, altering a freshwater wetland for the purpose of normal farming activities such as clearing of vegetation for agricultural purposes if the land topography is not altered, plowing, seeding, cultivating, minor drainage and harvesting, construction or maintenance of farm or livestock ponds or irrigation ditches, maintenance of drainage ditches and construction or maintenance of farm roads;
7.
Forestry.
7-A.
Forestry.
Forest management activities, including associated road construction or maintenance, in or adjacent to an existing forested wetland or a harvested forested wetland or adjacent to a protected natural resource pursuant to section 480‑C, subsection 1, paragraphs A and B, as long as:
8.
Hydropower projects.
Hydropower projects are exempt from the provisions of this article to the extent provided in section 634. Alteration of a freshwater wetland associated with the operation of a hydropower project, as defined in section 632, is exempt from the provisions of this article, but is subject to chapter 5, subchapter I, article 1, subarticle 1-B, where applicable;
9.
Public works.
A permit is not required for emergency repair or normal maintenance and repair of existing public works which affect any protected natural resource. An activity which is exempt under this subsection shall employ erosion control measures to prevent sedimentation of any surface water, shall not block fish passage in any water course and shall not result in any additional intrusion of the public works into the protected natural resource. This exemption does not apply to any activity on an outstanding river segment as listed in section 480‑P;
9-A.
Community public water systems.
Community public water systems are exempt from the provisions of this article for activities within their community public water system primary protection areas as long as the activities are conducted in a manner that protects the quality and quantity of water available for the system;
10.
Aquaculture.
Aquaculture activities regulated by the Department of Marine Resources under Title 12, section 6072, 6072‑A, 6072‑B or 6072‑C. Ancillary activities, including, but not limited to, building or altering docks or filling of wetlands, are not exempt from the provisions of this article;
11.
Soil evaluation.
Borings taken to evaluate soil conditions in or adjacent to a great pond, river, stream or brook, coastal wetland, freshwater wetland or sand dune are exempt from the provisions of this article provided that no area of wetland vegetation is destroyed or permanently removed;
12.
Existing access ways.
Normal maintenance and repair or reconstruction of existing access ways in freshwater or coastal wetlands to residential dwellings as long as:
13.
Moorings.
The placement of a mooring in any area regulated by this article.
14.
Lawful harvesting of marine organisms or vegetation in coastal wetlands.
A person lawfully engaged in the harvesting of marine organisms or vegetation under the provisions of Title 12, chapter 605 is not required to obtain a permit to engage in those activities in a coastal wetland or a coastal wetland containing a high or moderate value waterfowl or wading bird habitat or shorebird feeding or staging area. Within a coastal wetland or a coastal wetland containing a high or moderate value waterfowl or wading bird habitat or shorebird feeding or staging area, the removal of vegetation or displacement of soil associated with or authorized by those lawful activities is not a violation of this article; and
15.
Subsurface wastewater disposal systems.
15-A.
Subsurface wastewater disposal systems.
Installation, removal or repair of a subsurface wastewater disposal system, as long as the system complies with all requirements of the subsurface wastewater disposal rules adopted by the Department of Health and Human Services under Title 22, section 42, subsection 3. This subsection takes effect on March 1, 1995.
16.
Alterations in back dunes of coastal sand dune systems.
17.
Minor alterations in freshwater wetlands.
Activities that alter less than 4,300 square feet of freshwater wetlands, as long as:
18.
Service drops for telephone or electrical service.
Vegetative clearing of a freshwater wetland for the installation of telephone or electrical service, if:
19.
Displacement or bulldozing of sediment within a lobster pound.
Displacement or bulldozing of sediment within a lobster pound, provided the sediment is not removed from the area inundated as a result of the impoundment.
20.
Constructed ponds.
Alteration of legally created constructed ponds that are not considered part of a great pond, coastal wetland, river, stream or brook, as long as the constructed pond is not expanded beyond its original size.
21.
Removal of beaver dams.
Removal of a beaver dam as authorized by a game warden, as long as:
22.
Archaeological excavation.
Archaeological excavation adjacent to a great pond, freshwater wetland, coastal wetland, sand dune system, river, stream or brook as long as the excavation is conducted by an archaeologist listed on the Maine Historic Preservation Commission level 1 or level 2 approved list and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.
23.
Cutting or clearing subject to mandatory shoreland zoning laws.
Cutting or clearing of upland vegetation adjacent to those protected natural resources listed in section 480‑C, subsection 1, paragraph A or B for a purpose other than forest management as long as:
24.
Existing lawns and gardens.
Maintenance, but not enlargement, of lawns and gardens in existence on September 1, 2002 that are adjacent to a river, stream or brook not regulated by a municipality under chapter 3, subchapter 1, article 2‑B;
25.
Existing agricultural fields and pastures.
Maintenance, but not enlargement, of agricultural fields and pastures in existence on September 1, 2002 that are adjacent to a river, stream or brook not regulated by a municipality under chapter 3, subchapter 1, article 2‑B;
26.
Overboard wastewater system.
Installation, maintenance or removal of a licensed overboard discharge treatment system, including the outfall pipe, if:
27.
Fishways.
Erection, maintenance, repair or alteration of a fishway in a dam or other artificial obstruction when required by the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources pursuant to Title 12, section 12760 or by the Commissioner of Marine Resources pursuant to Title 12, section 6121;
28.
Release of water from dam after petition by owner for release from dam ownership or water level maintenance.
Activity associated with the release of water from a dam pursuant to an order issued by the department pursuant to section 905;
29.
Dam safety order.
Activity associated with the breach or removal of a dam pursuant to an order issued by the Commissioner of Defense, Veterans and Emergency Management under Title 37‑B, chapter 24;
30.
Lobster trap storage.
The storage of lobster traps and related trap lines, buoys and bait bags on docks in, on, over or adjacent to a coastal wetland. For purposes of this subsection, "dock" means a dock, wharf, pier, quay or similar structure built in part on the shore and projected into a harbor and used as a landing, docking, loading or unloading area for watercraft;
31.
(REALLOCATED FROM T. 38, §480-Q, sub-§30) Minor expansions of structures in a coastal sand dune system.
32.
Placement of wood in streams.
The placement of wood in stream channels to enhance cold water fisheries habitat in accordance with Title 12, section 8867‑C and rules adopted to implement that section;
33.
Emergency flood alleviation.
An emergency activity conducted or overseen by the State or a local government in, on, over or adjacent to a river, stream or brook when the emergency activity is necessary to alleviate an immediate threat to public health or safety caused by a flood event occurring at the time the emergency activity is conducted, as long as any alteration to the river, stream or brook necessary to conduct the emergency activity is restored following the flood event to the conditions that existed prior to the flood event to the greatest extent practicable, as determined by the department.
34.
Elevating building foundation.
Elevation of a building foundation if:

Legislative History

PL 1987, c. 809, §2 (NEW). PL 1987, c. 890, §§1, 2 (AMD). PL 1989, c. 306, §§1-3 (AMD). PL 1989, c. 430, §§6-9 (AMD). PL 1989, c. 838, §§5, 6 (AMD). PL 1989, c. 878, Pt. A, §§110-113 (AMD). PL 1991, c. 46, §3 (AMD). PL 1991, c. 240, §§1-3 (AMD). PL 1991, c. 622, Pt. H, §§1-3 (AMD). PL 1991, c. 624, §§1, 3 (AFF). RR 1993, c. 1, §§117, 119 (COR). PL 1993, c. 187, §§2-4 (AMD). PL 1993, c. 215, §§1-3 (AMD). PL 1993, c. 296, §§4-6 (AMD). PL 1993, c. 296, §7 (AFF). PL 1993, c. 315, §2 (AMD). PL 1993, c. 410, Pt. G, §7 (AMD). PL 1993, c. 521, §1 (AMD). PL 1993, c. 617, §§1, 2 (AMD). PL 1993, c. 721, Pt. F, §§2, 3 (AMD). PL 1993, c. 721, Pt. H, §1 (AFF). RR 1995, c. 1, §31 (COR). PL 1995, c. 27, §1 (AMD). PL 1995, c. 460, §§5, 6 (AMD). PL 1995, c. 460, §12 (AFF). PL 1995, c. 493, §4 (AMD). PL 1995, c. 502, Pt. E, §30 (AMD). PL 1995, c. 575, §§1, 2 (AMD). PL 1995, c. 700, §1 (AMD). PL 1999, c. 148, §1 (AMD). PL 2001, c. 207, §2 (AMD). PL 2001, c. 431, §6 (AMD). PL 2001, c. 618, §§4, 5 (AMD). PL 2003, c. 637, §1 (AMD). PL 2003, c. 689, Pt. B, §6 (REV). PL 2005, c. 116, §§3, 4 (AMD). PL 2005, c. 330, §§15, 16 (AMD). PL 2007, c. 290, §5 (AMD). PL 2007, c. 292, §§26, 27 (AMD). PL 2007, c. 353, §§12, 13 (AMD). PL 2009, c. 75, §§1-5 (AMD). PL 2009, c. 460, §§1, 2 (AMD). PL 2009, c. 537, §§3, 4 (AMD). RR 2011, c. 1, §§59-61 (COR). PL 2011, c. 12, §§1-3 (AMD). PL 2011, c. 64, §§3-5 (AMD). PL 2011, c. 205, §§1-3 (AMD). PL 2011, c. 538, §9 (AMD). PL 2011, c. 599, §14 (AMD). PL 2011, c. 612, §3 (AMD). PL 2011, c. 657, Pt. W, §5, 7 (REV). PL 2011, c. 682, §38 (REV). PL 2013, c. 260, §1 (AMD). PL 2013, c. 405, Pt. A, §§23, 24 (REV). PL 2013, c. 536, §2 (AMD). PL 2019, c. 124, §§1-3 (AMD). RR 2019, c. 2, Pt. A, §40 (COR). PL 2021, c. 186, §6 (AMD). PL 2023, c. 531, §§3-7 (AMD).