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Maine Department of Environmental Protection
Background What is the intent of Permit-by-Rule? What is the range of activities now eligible for Permit-by-Rule?
If I propose one of the eligible activities, how do I know if I qualify for Permit-by-Rule? Second, turn to the section for your type of proposed activity in the Chapter 305 standards. Read the applicability section that describes in further detail which activities are included and where they are allowed. For example, piers, wharves, pilings and haulouts (Section 14 (A)(1) applies only to projects in coastal waters. Third, read all the standards contained in the section. If you can meet all of the standards, you are eligible for Permit-by-Rule. If I am eligible, what's the next step? Is any additional information required by the DEP? Yes. For all projects, a location map of the project site must be included with the notice form. The map must clearly show the location of the project site. The Department accepts the use of a copy of a U.S.G.S. topographic map or a copy of the Maine Atlas and Gazetteer map for the area of the project site. For all activities except general permits for state transportation facilities (Section 11) and stream crossings (Section 10), one or more "before" photographs documenting the condition of the existing activity area must also be submitted. The photographs should show the relation of the project site to the resource (pond, stream, wetland, etc.). Once you have completed the activity, you must submit additional "after" photographs that document your project's compliance with the rules. Other information may be required under different activity sections. For example, a scale drawing of the pier is required for Section 14 "Piers, wharves and pilings". Be sure to read each "Submissions" section of the rule for each activity you plan to perform. [NOTE: The Department is trying to better locate Permit-by-Rule activities on a Geographic Information Systems (GIS) database and have included boxes on the Notification Form for UTM coordinates. If you know the coordinates for your activity, it would be helpful to us to include them on the form. However, it is not required that you supply this information.] Do I need anyone else's permission before filing the PBR notice form? In some cases, yes. If your activity is located in an Essential Habitat area identified and mapped by the Department of Inland Fisheries and Wildlife (DIF&W), you must obtain written approval from DIF&W before the DEP can authorize performing any activity under Permit-by-Rule. Approval from DIF&W may include certain requirements that you have to meet in addition to the PBR standards. For example, if your project is within a certain distance of a mapped bald eagle nesting site, you may not be allowed to perform the activity during the nesting season. Currently, bald eagle, least tern, roseate tern and piping plover nesting sites have been mapped as Essential Habitats. For more information about Essential Habitats and their location, you can contact any of the regional DEP or DIF&W offices or visit DIF&W's website at http://www.state.me.us/ifw/index.html. Can I do my project whenever I want? In most cases, yes. But there are certain activities allowed under Permit-by-Rule that occur in the water or at the shore and there may be timing restrictions. Some activities such as stream and utility crossings are only allowed in the summer and early fall unless other state natural resource agencies approve of a different timing for the project. For example, if you want to construct a stream crossing in February, the DEP will ask other state agencies such as DIF&W if a winter-time crossing is acceptable. Depending upon the sensitivity of the stream involved, your crossing may be approved as proposed or delayed until later in the year. You can contact these other state agencies for timing approval prior to filing your PBR notice form by telephone or by using forms the department has available. The following activities have some form of timing restriction:
Is there a fee for Permit-by-Rule? When can I begin work? DEP will not contact you unless the notice is deficient or it appears that your project does not qualify for Permit-by-Rule. However, a staff member from DEP, the Department of Inland Fisheries & Wildlife, or the Department of Marine Resources may inspect the site to determine if the work was carried out in compliance with the rule. How long is the Permit valid? If I qualify for Permit-by-Rule, do I need other permits? What if I don't qualify for Permit-by-Rule? Where can I get additional information?
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