Eaton Peabody

Projects affected by the MDEP September 2007 changes include the following:

• - Any soil or vegetation disturbance within 250' of a Significant Vernal Pool, regardless of any other permitting that may be necessary
• - Examples: New houses, roads, small commercial development, new lawns, fields, small subdivisions
• - Vernal Pool setbacks and % "developed area" limitations will significantly limit the use of properties that contain a significant vernal pool
• - Although certain activities are exempt, these regulations significantly expand State of Maine jurisdiction over real estate where significant vernal pools are present

Exemptions:

• - Forest management activities

• - Adjacent property owner (vernal pool not located on project parcel)

• - DEP field determinations (if written field decision that vernal pool is not significant with vernal pool meeting significance criteria at a later time)

• - Overhead communications and electric facilities / lines (no poles in vernal pool depression)

Due diligence and early identification of issues associated with potential or actual presence of vernal pools is essential for Maine property owners.