Boat Pumpout Grant Program Supplemental Guidance
Permitting Requirements
As part of the Pumpout Grant Program (PGP), you may need do work that will trigger a number of different laws, regulations and ordinances.
State Laws and Regulations
The Subsurface Waste Water Disposal Regulations (Plumbing Code) regulates the design and installation of sanitary waste water disposal systems, including holding tanks. If your pumpout system is designed to discharge to a larger holding tank on your property you will need to obtain a permit under the "Plumbing Code". Holding tanks are allowed for the storage of pumpout waste as a non-residential discharge. In order to install a holding tank installed, either subsurface or above ground, you must have a design completed using an HHE 200 form and approval of either your local plumbing inspector (if the projected discharge is less than 100 gallons per day), or the State Division of Health Engineering.
For more information contact a local site evaluator or the Subsurface Wastewater Program.
The Natural Resources Protection Act requires permits for certain activities in, on or over a protected natural area. Permits are also required for activities that disturb soil adjacent to a protected natural resource. Examples of activities include: dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; filling; constructing, repairing or altering any permanent structure (i.e., one constructed or placed in a fixed location for a period exceeding seven months of the year). Examples of protected areas include: coastal wetlands and sand dunes; freshwater wetlands; great ponds; rivers, streams and brooks; fragile mountain areas, and significant wildlife habitat. Adjacent areas are generally considered to be that area within 100 feet of the protected natural resource. The permits entail a review of the project and ensure that all measures are taken to protect the resource. Many adjacent activities are eligible for a reduced procedures permit called a Permit by Rule which, if approved, take effect within 14 days of filing the Notification Form with the Department..
More information can be found in the handouts in your application package or on the NRPA Page.
Shoreland Zoning
The law's intent is (1) to protect water quality, wildlife habitat, wetlands, archaeological sites and historic resources, and commercial fishing and maritime industries; and (2) to conserve shore cover, public access, natural beauty, and open space. It does this by controlling land uses, and placement of structures within the shoreland area. Municipalities adopt, administer, and enforce their own shoreland zoning ordinance and map.
Altering structures or construction within the shoreland zone (within 250 feet of the shoreline) is be regulated by your town. Altering structures or construction within 75 feet of the shore may or may not be permitted by your town. However, installation of a permanent pumpout station and waste receptacle (holding tank or connection to the sewer) can be considered a "water dependent use" and so is normally allowable with a permit.
More information can be found in the handouts in you application package, at the Shoreland Zoning Page, or contact your code enforcement officer, or call the DEP.
Public Lands
All land below the low water mark in coastal waters or below natural low water in a great pond is community property of the state of Maine. Any structure over this land requires a conveyance (or lease) from the Bureau of Public Lands. Refer to your application package for more information or contact the Submerged Lands Program.
Federal Laws
The Army Corps of Engineers regulates activities performed in or over navigable waters of the United States including installation of docks, moorings, piers, wharves, and pilings, dredging, long areas of rip rap and utility crossings. A review of the project must be complete and a permit may be required. See the handout in your application packet for more information.
Local Ordinances
In addition to shoreland zoning, some towns have other ordinances regulating activates that may be associated with a marina or dock. Contact your local code enforcement officer or town planner for more information.
General Rules of Thumb
- Installation of a portable pumpout caddy will not require a permit. However, the buried holding tank or sewer connection the caddy is dumped into may require a permit (see #4 below).
- Installation of a stationary pumpout on a floating dock that is only in the water seasonally (less than 7 months of the year) will probably not require any permit. However, the buried holding tank or sewer connection the system is piped into may require a permit (see #4 below)
- Installation of a stationary pumpout on a fixed pier will require state and local permits.
- A holding tank in the ground, sewer connection, or any soil disturbance within 100 feet of the water will require a NRPA permit. A NRPA PBR if set back 25 feet from the shore, or a full permit if less than 25 feet. If the holding tank and/or piping are above ground, no NRPA permit is required. A permit from the town will usually be required for any "structure" (including tanks and pumpouts) within 250 feet of the shore.
Please note, because a pumpout is a good thing from an environmental point of view, permits for pumpouts should not be difficult to obtain if the plan is well thought out and environmental impact minimal. If you have difficulty with permitting or have questions on the process, please call Pam Parker at (207)287-7905 and I will assist you anyway I can.
DEPLW2000-19 A2001 Cover Date June 11, 2001
