Project permitting is one of the least understood aspects of getting your project completed and it can be the most time consuming unless you fully understand what is expected of you, the landowner or contractor. The need to obtain proper permitting before a project can begin requires some knowledge of the Maine DEP and municipal permitting system as well as where to find help.
“Under the state’s Shoreland Zoning Statutes, the shoreland zone is generally defined as all areas located within 250 feet of rivers, lakes, ponds, some non-forested wetlands, coastal waters, and within 75’ of some streams” (Maine Nonpoint Source Training and Resource Center, 2009). Maine has lots of water so much of our real estate is found within the shoreland zone. Municipalities are allowed to enact their own shoreland rules as long as they are still meeting all state Shoreland Zoning rules and some towns choose to have stricter standards than the state minimums. In most cases, construction of any kind within the shoreland zone will require both, a permit from DEP as well as one from the town. It is best to discuss your project with the municipal codes officer first before significant money is spent on planning.
The Maine DEP has created a straightforward permitting process for small projects within the shoreland zone called Permit by Rule. Larger, more complex projects will require different tiers of permitting and can take much longer to be approved due to the review process required. Review can take as little as two weeks for a Permit by Rule or up to a year for a multiple tier NRPA permit so start the permitting process early in the game.
Two very important items to be aware of are the Certified Contractor Requirement that went into effect January 1, 2013 and the Maine Public Utilities Commission (PUC) rules about road maintenance and buried utilities.
Certified Contractor Program - Beginning in 2013, “all excavation work in excess of one cubic yard done in shoreland areas, must be supervised by an individual certified in erosion control practices by the Department of Environmental Protection (DEP)” (Maine Nonpoint Source Training and Resource Center, 2009). All companies who plan to do work in these areas must become certified.
Maine PUC - Routine maintenance of gravel roads usually includes grading and cleaning the ditches and this kind of maintenance occurs all over the state on thousands of miles of gravel roadways each year. A Dig-Safe ticket is required for even routine grading and ditch cleaning on municipal gravel roads. There is an important exemption for private gravel road maintenance that MES President, Josh Platt penned for the Maine PUC in 2011. Exemption language is found below:
§3360-A. Protection of underground facilities
5-K. Exemption; unpaved private road grading. A person is exempt from the requirements of this section for any grading activities undertaken on private roads that meet the following criteria:
A. The grading activities are limited to the shaping, maintaining or scraping of a road surface or road shoulder to allow for proper drainage; and [2011, c. 588, §8 (NEW).]
B. The depth of the grading activities is no deeper than 6 inches as measured from the road surface or shoulder of the road surface prior to the commencement of those grading activities. [2011, c. 588, §8 (NEW).
Assistance is available to help sort out permitting, laws and rules pertaining to construction and maintenance of roads and shoreland areas. Maine Environmental Solutions provides complete permitting services from the simplest Permit by Rule to complicated NRPA applications. Contact us today!