Eaton Peabody

Maine BEP Adopts New Significant Wildlife Habitat Rule

Revised Chapter 335 creates protection standards under the Natural Resources Protection Act for "significant" vernal pools, waterfowl and wading bird habitat, and shorebird habitat. The rule provides definitions of these habitats, and removes the requirement that the habitat be shown on a map.

A significant vernal pool provides habitat for a certain number of species. Maine Department of Inland Fisheries and Wildlife and the Maine Department of Environmental Protection will maintain databases of these resources, but field identification will be needed in all cases. A vernal pool may be removed from this rule if proper documentation is provided to the Department that the pool does not meet the criteria to be "significant".

High and moderate value waterfowl and wading bird habitats are defined as certain types of freshwater and coastal wetlands.

High and moderate value shorebird nesting, feeding and staging areas are identified based on the presence of a significant number of birds.

All development activities within 250 feet of these resources must be reviewed and approved by Maine DEP. The standards for development require avoidance and minimization of the impact on these resources. Where impacts cannot be avoided, the Department may require restoration, enhancement or preservation of similar natural resources to compensate for the impact.

The vernal pool provisions of this rule will take effect on September 1, 2007; all other provisions of the rule are effective as of May, 2006.

 

Please contact P. Andrew Hamilton, ahamilton@eatonpeabody.com, or Bill Ferdinand, bferdinand@eatonpeabody.com for further information.

This paper is provided as general information, and is not a substitute for legal or other professional advice.