Portland, ME Environmental Rules: Erosion Control (2026)

Chapter 32, Article IV (Sec. 32-41 through 32-49) is Portland's stand-alone Erosion & Sedimentation Control Ordinance, adopted under home-rule authority, Maine's Wastewater Discharge Law, the Clean Water Act and the EPA NPDES program. Sec. 32-42 applicability: 'any Construction Activity commencing after the effective date of this Ordinance that results in a disturbed area of 10,000 square feet or more or where sediment is being discharged to the City right-of-way.' Sec. 32-44(a) requires a written ESC Plan approved by the Department of Public Works or the Planning Department (the Permitting Authority during Subdivision or Site Plan review). The Plan must follow the Maine Erosion and Sediment Control Handbook (Maine DEP) and Section V of the Portland Technical Manual. Sec. 32-45 inspection regime: for sites of 1 acre or greater, the owner must retain an independent Qualified Professional (Maine DEP-certified or a Maine PE with 2+ years' ESC experience; cannot be employed by or financially tied to the project) who inspects (a) before any disturbance after BMPs are installed, (b) at least once a week plus before and within 24 hours of any rainfall event, and (c) at project completion to confirm permanent stabilization. Weekly written reports go to the city Stormwater Coordinator in the Water Resources Division of Public Works and to the Planning Department's Development Review Coordinator. Minor Site Plans (<1 acre) require owner self-inspection on the same schedule.