Maine state law: Erosion and Sedimentation Control — 38 MRS § 420-C

Per 38 MRS § 420-C (Erosion and sedimentation control): 'A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource. Erosion control measures must be in place before the activity begins, and must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and maintained to prevent unreasonable erosion and sedimentation.' Section 420-C is a self-executing performance standard — no permit is required — and applies to ALL earthwork activity statewide, regardless of project size. The Maine DEP publishes the Maine Erosion and Sediment Control BMPs (October 2016) as the compliance reference. Required practices include sediment controls (silt fence, sediment ponds, mulch berms, hay bales) installed downgradient before disturbance begins; erosion controls (mulch, hydroseed, vegetative cover, erosion-control blankets) applied as soon as feasible; and stabilization of soil stockpiles and disturbed slopes. Agricultural fields in active cultivation and forest-management activities conducted under Maine Bureau of Forestry rules are exempt. § 420-C is enforced concurrently with the construction-phase stormwater requirements of 38 MRS § 420-D and 06-096 CMR Chapter 500 (which imposes more specific BMP and inspection rules on projects over 1 acre of disturbance). Inside the Shoreland Zone, the additional vegetative-buffer requirements of 38 MRS § 439-A apply.

Maine DEP enforces 38 MRS § 420-C through Notices of Violation, administrative consent agreements, and civil penalties up to $25,000 per day per violation under 38 MRS § 349. Certified municipal code-enforcement officers also have direct enforcement authority under § 420-C and can issue stop-work orders requiring immediate installation of silt fence, mulching, or sediment containment. Restoration of eroded protected natural resources (rivers, streams, brooks, lakes, ponds, wetlands) may also be required at the violator's expense.