DEP Develops Shorebird Habitat Guidance

September 25, 2008

BANGOR, MAINE – The Maine Department of Environmental Protection (DEP) has recently developed guidance for use when assessment of shorebird habitat impacts is required.  DEP  will use this guidance when reviewing permit applications for projects within designated shorebird habitat areas. These shorebird habitat areas are identified in a database, and posted on DEP’s website.

DEP guidance requires an assessment of the significance of habitat and the expected habitat impact of the proposed project.  Elements considered when assessing the significance of the habitat include the size of the habitat, the nature of the habitat (feeding or roosting habitat or habitat buffer), and whether the shorebird using the habitat is endangered, threatened or a species of special concern.  Elements considered when assessing the expected habitat impact of a proposed project include whether the proposed project contributes to the cumulative impact of shorebird habitat, the total number of shorebirds documented using the area, the distance to which the proposed project extends into the intertidal area, and the height of the vegetative cover within the proposed project area. This guidance will impact proposed  pier and dock projects and other proposed development within the intertidal zone.

For more information, please contact Heather L. Parent, Esq. in our Bangor office at 207-947- 0111.
 
This alert is provided for general information, and is not a substitute for legal or other professional advice.