Maine Department of Environmental Protection
Issue Profile
Wetland Rules (NRPA)
- revised: August 1999
contact: 207-287-2111
Background
Maine's wetlands are one of its most valuable natural resources, providing crucial wildlife and fisheries habitat, acting as flood barriers, and filtering harmful materials and sediment from surface water runoff. But activities in these crucial areas are causing their rapid degradation and, in some cases, destruction, producing significant economic and environmental impacts.
To address this problem, on June 13, 1990, the Board of Environmental Protection adopted rules for wetlands protection under the Natural Resources Protection Act (NRPA).
What activities are governed by the Wetland Rules?
The rules govern activities in or adjacent to coastal wetlands, freshwater wetlands, wetlands associated with great ponds, or wetlands that are in the floodplain of any river, stream, or brook.
How do the Wetland Rules affect the review of applications under the NRPA?
Prior to the rules' adoption, applications for wetland alterations were reviewed on a case-by-case basis, making consistency in the decision-making process difficult. The Wetland Rules clarify what information is required with a wetland alteration application. The rules also establish standards for project review, ensuring not only consistency but predictability as well.
The level of review required for projects in and adjacent to freshwater wetlands depends on the size of the alteration, the type of activity proposed, and the type and value of the wetland. It is best to verify the type of wetland impacted by your project by contacting the DEP or a professional wetlands consultant prior to filing an application.
How are different types of wetlands addressed in the rules?
The Wetland Rules establish six types of freshwater wetlands: forested, scrub shrub, emergent, wet meadow, peatland, and open water. In addition, all coastal wetlands, great ponds, and certain freshwater wetlands are considered Wetlands of Special Significance as defined by the Wetland Rules.
How are the Wetland Rules applied to specific projects?
The standards require that wetland alterations be avoided where possible, and an "alternatives analysis" will usually be required of an applicant. If it can be demonstrated that no practicable alternative exists, then the applicant must show that the amount of the wetland affected has been minimized.
For all projects, erosion control measures must be used, a 25 foot buffer must be maintained between the activity and any river, stream or brook, and any applicable water quality standards and water classification standards must be met.
Compensation may be required for any lost functions and values of the wetlands. Compensation may take the form of restoring degraded wetlands, enhancing the functions of an existing wetland, preserving wetlands on adjacent uplands that have similar functions and are vulnerable to development, or creating wetlands from upland areas.
Where can I get an application form or additional information on the Wetland Rules?
For more information, contact a Land and Water Bureau, Division of Land Resource Regulation staff member at the DEP office nearest you:
Augusta--17 State House Station, Augusta, ME 04333
(207)287-2111Bangor---106 Hogan Road, Bangor, ME 04401
(207)941-4570Portland--312 Canco Road, Portland, ME 04103
(207)822-6300Presque Isle--1235 Central Drive, Presque Isle, ME 04769
(207)764-0477
