Amendments to Chapter 305, Permit by Rule, and 310, Wetlands and Waterbodies Protection Rules
Most significant changes
The most significant change made by amendments to Ch. 305, effective 12/5/2006, was the addition of two new permit by rule (PBR) sections. Activities that meet the criteria, standards, and submission requirements of permit by rule are eligible to proceed under the abbreviated permit by rule process, rather than the full, individual permit process.
The two new sections are:
- Section 19. Activities in, on, or over significant vernal pool habitat.
- Section 20. Activities in existing developed areas located in, on or over high or moderate value inland
waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas.
Important note concerning Section 19: PL 2005, Resolve Ch. 183, sec. 2 provided in part that:
The Department of Environmental Protection may not require a permit for an activity that takes place in, on, over or adjacent to a significant vernal pool habitat pursuant to the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 5-A prior to September 1, 2007;...
Section 19 of Ch. 305 was adopted in preparation for September 1, 2007, but is not yet being implemented by the department.
All changes
This routine technical rulemaking was intended to to add two additional permit by rule (PBR) sections; to make changes to Ch. 310 required by recent legislation; to make Ch. 305 text consistent with related recent changes in Chapter 355, Sand Dunes Rules; to shift the section in Ch. 305 on state transportation facilities to a greater reliance on best management practices; and to do some minor updating. Public comments received on the proposed amendments resulted in several additional changes to Ch. 305. See the Basis Statement for Ch. 305. For the texts of all the changes made by this rulemaking, see the chapter links below.
Additional information about this rulemaking.
