Maine § 38 §480-X Alterations of freshwater wetlands

Maine Statutes

§ 38 §480-X — Alterations of freshwater wetlands

Maine·Title 38 WATERS AND NAVIGATION·Ch. 3 PROTECTION AND IMPROVEMENT OF WATERS

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.

1.Application. This section does not apply to activities otherwise qualifying for reduced review procedures, such as permits by rule or general permits; activities exempt from review under another section of this article; or activities involving protected natural resources other than freshwater wetlands, such as great ponds, coastal wetlands and rivers, streams or brooks.

2.Three-tiered review process; tiers defined. Except as provided in subsection 1, an application for a permit to undertake activities altering freshwater wetlands must be reviewed in accordance with the following.

3.General requirements. A person undert

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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.
1.
Application.
This section does not apply to activities otherwise qualifying for reduced review procedures, such as permits by rule or general permits; activities exempt from review under another section of this article; or activities involving protected natural resources other than freshwater wetlands, such as great ponds, coastal wetlands and rivers, streams or brooks.
2.
Three-tiered review process; tiers defined.
Except as provided in subsection 1, an application for a permit to undertake activities altering freshwater wetlands must be reviewed in accordance with the following.
3.
General requirements.
A person undertaking an activity for which a permit is processed pursuant to this section shall satisfy the requirements of this subsection.
4.
Projects not eligible for Tier 1 or Tier 2 review.
The following activities are not eligible for Tier 1 or Tier 2 review unless the department determines that the activity will not negatively affect the freshwater wetlands and other protected natural resources present:
5.
Additional projects not eligible for Tier 2 review.
An activity in freshwater wetlands containing a natural community that is imperiled (S2) or critically imperiled (S1), as defined by the Natural Areas Program pursuant to Title 12, section 544 is not eligible for Tier 2 review unless the department determines that the activity will not negatively affect the freshwater wetlands and other protected natural resources present.
6.
Application process for Tier 1 review activities.
Applications for Tier 1 review are governed by this subsection.
7.
Application process for Tier 2 review.
Applications for Tier 2 review are governed by this subsection.
8.
Application process for Tier 3 review.
Applications for Tier 3 review are governed by this subsection.

Maine § 38 §480-X (Alterations of freshwater wetlands) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1995, c. 460, §7 (NEW). PL 1995, c. 460, §12 (AFF). PL 1995, c. 502, §E32 (AMD). PL 1995, c. 575, §3 (AMD). PL 1999, c. 243, §§13,14 (AMD). PL 1999, c. 556, §32 (AMD). PL 2003, c. 554, §§1,2 (AMD). PL 2005, c. 592, §§1,2 (AMD).