Maine Erosion Control Law: Statewide Environmental Rules Rules (2026)

Key Facts

Statute: 38 M.R.S. § 420-C
Applies to: All earth-disturbing activity
Standard: Maine ESC BMPs handbook
Local override: Not allowed

Full Breakdown

Under 38 M.R.S. section 420-C, any person conducting an activity that involves filling, displacing, or exposing soil or other earthen materials must take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into protected natural resources. The DEP publishes the Maine Erosion and Sediment Control BMPs handbook, which is the statewide standard. Requirements apply to homeowners, contractors, and municipalities regardless of project size; larger projects must combine these BMPs with permits under the Stormwater Law and Natural Resources Protection Act. Violations can be enforced by DEP or local code enforcement officers.

Violations & Penalties

Allowing unreasonable sedimentation off-site or into waters can result in DEP cleanup orders, civil penalties, and required restoration of streams, wetlands, or coastal resources.

Frequently Asked Questions

Does Maine's erosion control law apply to small home projects?

Yes. Any soil-disturbing activity, even residential landscaping, must use BMPs to prevent unreasonable sediment movement off-site or into protected waters and wetlands.

Who enforces Maine's erosion control rules?

Maine DEP enforces statewide; local code enforcement officers and shoreland zoning officials also enforce within their jurisdictions, but they apply the state standard rather than substitute weaker rules.

Maine Erosion and Sedimentation Control Universal Standards