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The Maine Department of Environmental Protection has proposed changes to Chapter 305 (NRPA Permit by Rule) and Chapter 310 (Wetlands and Waterbodies Protection) rules. These changes may significantly affect shoreline stabilization projects in Maine!
ACEC has reached out to DEP staff to discuss the proposed changes. There is a BEP meeting and discussion on the proposed revisions scheduled for December 19th . Accordingly, we would like your input and thoughts in advance. Our legislative team will collect the comments and assist us in presenting our message to the Department. Please review the information in this alert and send your comments to us by December 5th.
KEY PROPOSED CHANGES
Chapter 305 (NRPA PBR):
- PBR approval timeline changes from 14 calendar days to 20 working days.
- Penalties for violations will increase from $10,000 to $50,000 per day.
- New restrictions on shoreline stabilization, including prohibiting activity in wildlife habitats and requiring vegetative buffers.
- Restrictions on tree removal and height limitations for riprap and seawall structures.
Chapter 310 (Wetlands and Waterbodies):
- New guidelines for shoreline stabilization near existing structures, septic systems, and public spaces.
- Strict limits on project height and size depending on water body type.
- Requirement for a 10-foot vegetative buffer and monitoring.
- Submission of feasibility analysis for relocation of structures and use of biodegradable materials.
Implications: The proposed changes will restrict how and when property owners can implement shoreline stabilization measures, particularly limiting riprap and seawall options for properties within 100 feet of an embankment. For professionals, the changes may increase liability, especially regarding the certification of alternative stabilization methods.
Next Steps: A public hearing on these changes is scheduled for December 19, 2024, followed by a 10-day public comment period. Stakeholders are encouraged to engage in the process to ensure their perspectives are heard.
Helpful Information: Please review the following materials to better understand what is being proposed.
For more information, please reach out to ACEC Government Affairs Committee Chair, Mark Adams, or our legislative consultant, Bill Ferdinand of Eaton Peabody.
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