38 M.R.S. §480-C: Prohibitions
Where this section sits in the code
- TITLE 38: WATERS AND NAVIGATION
- CHAPTER 3: PROTECTION AND IMPROVEMENT OF WATERS
- SUBCHAPTER 1: ENVIRONMENTAL PROTECTION BOARD
- ARTICLE 5-A: NATURAL RESOURCES PROTECTION ACT
1. Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following:
A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or
B. Freshwater wetlands consisting of or containing:
(1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or
(2) Peatlands dominated by shrubs, sedges and sphagnum moss.
A person may not perform or cause to be performed any activity in violation of the terms or conditions of a permit.
2. Activities requiring a permit. The following activities require a permit:
A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;
B. Draining or otherwise dewatering;
C. Filling, including adding sand or other material to a sand dune; or
D. Any construction, repair or alteration of any permanent structure.
3. Application.
4. Significant groundwater well. A person may not perform or cause to be performed the establishment or operation of a significant groundwater well without first obtaining a permit from the department.
5. Small-scale wind energy development. A person may not construct or cause to be constructed a wind energy development requiring certification under Title 35‑A, section 3456 without first obtaining a permit from the department under section 480‑II.
Collected 2026-09-04T15:12:41Z. Source file · JSON