APPENDIX B
MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION
PERMITTING PROCEDURES
PERMITTING ABC’s
In some cases, landowners and neighborhood associations will need to obtain
local, state, or federal permits prior to implementing some of the conservation
practices suggested in this report. In addition to the local permits needed for
working within Scarborough’s Shoreland Zone, a Natural Resource Protection Act
(NRPA) permit is required from the Maine Department of Environmental Protection
(DEP) when soil is disturbed within 100 feet of the following protected natural
resources:
- natural lakes or ponds greater than 10 acres and artificially formed
lakes or ponds greater than 30 acres;
- rivers, streams, or brooks that flow year-round or continuously for at
least three months per year;
- freshwater wetlands, and;
- coastal wetlands that are influenced by the highest spring tides.
The following are general guidelines for determining the need for a Maine DEP
permit. The permit applications, as well as Maine DEP staff, have much more
specific and discerning information on the need for these permits. If you have
any doubt, call the Maine DEP Field Services at 822-6300. Staff will promptly
answer your questions or possibly visit your property.
Activities requiring permits:
- excavating, tilling, and bulldozing
- dredging
- adding soil to establish vegetation
- filling
- draining/dewatering
Activities that do not require a permit:
- planting a few shrubs or creating minor soil disturbances associated with
reseeding and;
- activities carried out in an area with existing barriers (e.g., ice berms,
existing retaining walls) or site conditions (e.g., negative slopes) such
that material could not wash into a protected natural resource.
How to apply for Permit-by-Rule with the Maine DEP:
- Fill out a notification form. Forms are available from the Scarborough
Code Enforcement Officer or the Maine DEP office on Canco Road in Portland
(822-6300).
- Permit-by-Rule requires that you follow performance-based standards. It is
important that you obtain, understand and follow these standards so that you
comply with the law.
- A Permit-by-Rule application will be reviewed by the Maine DEP within 14
days. If you do not hear from the Maine DEP within 14 days, you can assume
your permit is valid. In fact, if you "walk in" to the Maine DEP,
they have the ability to waive the 14 day processing period, provided that
the permit and its requirements, photographs, map, and fee are complete.