Eaton Peabody

Natural Resource Protection Rules Amendments – December 4, 2006

The Maine Department of Environmental Protection has amended the rules under the Natural Resources Protection Act

Chapter 305, the Permit by Rule Standards, are  amended to: (1) add a permit by rule (PBR) section to Ch. 305 to allow permit by rule for activities in, on or over significant vernal pool habitat, and meeting specified requirements, as required by PL 2003 c.183, sec. 1(16) and Ch. 335(9)(D); (2) add a PBR section to Ch. 305 for activities in existing developed areas and located in, on, or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas; (3) make amendments to Ch. 305 necessary to conform with recent changes to Chapter 355, Coastal Sand Dune Rules; (4) update Ch. 305(11), State Transportation Facilities, as a result of discussions with Maine Dept. of Transportation, and (5) do additional minor updating.  

Chapter 310 wetland rule amendments include changes necessary as a result of PL 2003, c. 592, including reducing the size of projects eligible for an exception from compensation requirements; and additional minor updating.

EFFECTIVE DATE: December 5, 2006  

For more information about this new rule, please contact Andrew Hamilton in Bangor or Bill Ferdinand in Augusta.

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