Amendments to Chapter 305, Permit by Rule, and 310, Wetlands and Waterbodies Protection Rules

[IMPORTANT NOTE: this page is retained for rulemaking history purposes. If you are looking for the current versions of these rule chapters, go to the NRPA page. If you are looking for a current rulemaking, check the L&W rulemaking page. ]

Routine technical rulemaking.

Contact: Hetty Richardson (207-287-7799).

Introduction

This rulemaking was not intended as a general revision to these chapters. It was intended to open specific provisions in order to make changes required by recent legislation, to make the text consistent with related recent changes in other rule chapters, to add two additional permit by rule (PBR) sections, to shift the section on state transportation facilities to a greater reliance on best management practices, and to do some minor updating.

Effective

The amendments to Chapter 305 and 310 became effective December 5, 2006. The following are updated versions of these chapters including the amendments:

• Chapter 305, Permit by Rule
• Chapter 310, Wetlands and Waterbodies Protection Rules

Adoption

11/20/2006. Amendments to Chapters 305 and 310 were adopted by the BEP on November 16, 2006. These changes are not yet in effect. Next steps include review by the Office of Attorney General, and filing of forms and materials with the Secretary of State's Office. The amendments are expected to take effect five days after the final finaling with the Secretary of State's Office, which should occur in the next few weeks.

• Basis statement for Chapter 305 (revised). Note that the BEP made two minor changes to the proposed amendments to Chapter 305 prior to adoption. These are described at the very end of the basis statement.
• Proposed amendments (revised): Chapter 305

Documents related to request for adoption

• Proposed amendments: Chapter 305 and Chapter 310
• Basis statement: Chapter 305 and Chapter 310
• Clean copy (rule chapters with proposed amendments incorporated): Chapter 305 and Chapter 310
• Board memo
• Note: adoption will be requested from the Board of Environmental Protection (BEP) on November 16. The agenda item is scheduled for 9:00 a.m., but is subject to change. See BEP agenda information.

Posted draft

• Proposed amendments
• Notice form (with comment and hearing information)

The Maine DEP received permission on 9/7/2006 from the Board of Environmental Protection (BEP) to post proposed amendments to Chapters 305 and 310 to rulemaking.

Written comments received

• Jennifer Burns (Maine Audubon)
• Stephen M. Dickson, PhD (Maine Geological Surveny, Dept. of Conservation)
• Judy Gates (Maine Dept. of Transportation)
• Julian C. Holmes
• Hillary Lister
• George Powell
• Bonnie Preston
• Brian M. Swan (Maine Dept. of Marine Resources), attached article
• Michael S. White (White Bros. Inc.)
• Richard S. Whiting

Note: Judy Gates and Jennifer Burns testified in support of the amendments at the hearing. All other comments were received in writing.

Supplemental materials

• Side-by-side with text of posted rule, next to reasons for proposed changes. See "references" section below for rules and statutory materials cited in the explanatory text.
• The side by side explanations reference the following materials:
  • PL 2003 c. 183, Resolve, Regarding Legislative Review of Portions of Chapter 335: Significant Wildlife Habitat
  • PL 2003, c. 592, An Act to Increase Wetland Protection
  • Chapter 335, Significant Wildlife Habitat
  • Chapter 355, Coastal Sand Dunes Rules

Material incorporated by reference in the proposed amendments (Section 11, State Transportation Facilities)

• Best Management Practices for Erosion and Sediment Control (Maine DOT, 2000) (off-site)
• Department of Transportation, Standard Specifications for Highways and Bridges (Maine DOT, 2002) Hardcopy

Material mentioned in a note (guidance) in the proposed amendments (Section 11, State Transportation Facilities)

• Maine DOT's Fish Passage Policy and Design Guide (December 2004) (off-site)

Background materials

• Significant Wildlife Habitats: Bird Habitats web page
• Significant Vernal Pools web page
• US EPA's CCA Page (off-site)
• Response to Requests to Cancel Certain Chromated Copper Arsenate (CCA) Wood Preservative Products and Amendments to Terminate Certain Uses of other CCA Products (off-site)
• Maine Erosion and Sediment Control BMPs (Maine DEP, 2003)
• Maine DOT's specifications page (off-site)
• Natural Resources Protection Act Web Page