Skip to main content
CityRuleLookup

Maine Statewide Rule

Maine state law: Stormwater Management, 38 MRS § 420-D / DEP Chapter 500

Heavy RestrictionsApplies statewide across Maine (2026)

Key Facts

Statute
38 MRS § 420-D
Trigger
1 acre or more of disturbed area
Permit Agency
Maine DEP
Implementing Rule
06-096 CMR Ch. 500/501/502
SFR Exemption
Single-family detached construction exempt
Max Civil Penalty
$25,000/day (38 MRS § 349)
Last verified: September 5, 2026Source: Maine Legislature

Summary

Maine 38 MRS § 420-D requires Maine DEP approval before constructing any project with one acre or more of disturbed area. The DEP Chapter 500 Stormwater Management Rules set quantity and quality standards; Chapter 502 imposes stricter rules in direct watersheds of Lakes Most at Risk and Urban Impaired Streams. Municipalities may add stricter local stormwater ordinances under 30-A MRS § 3001 home-rule authority.

A person may not construct, or cause to be constructed, a project that includes one acre or more of disturbed area without prior approval from the department. A person proposing a project shall apply to the department for a permit using an application provided by the department and may not begin construction until approval is received. This section applies to a project or any portion of a project that is located within an organized area of this State.

Source: Maine LegislatureView official code

Full Breakdown

' The applicant must apply for a Maine DEP stormwater permit and may not begin construction until approval is received; vegetative-only treatment projects are decided in 45 days and structural-treatment projects in 90 days. Failure of DEP to act within the period results in deemed approval. The Maine DEP implements § 420-D through 06-096 CMR Chapter 500 (Stormwater Management Rules), which sets quality and quantity standards for runoff (general standard, basic standard, and a flooding standard). 06-096 CMR Chapter 502 layers additional protection for projects in direct watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams.

06-096 CMR Chapter 501 administers stormwater compensation fees and mitigation credit for projects unable to meet on-site standards. Section 420-D exempts single-family residential construction, normal farming operations, forest management, snowmobile/ATV trail maintenance, and Maine DOT/Turnpike Authority projects; municipalities with DEP-approved local stormwater ordinances meeting or exceeding state standards may be granted delegated permitting. Phosphorus-export limits apply within great pond watersheds. Construction-phase erosion and sediment control is layered on through 38 MRS § 420-C (see Erosion Control entry).

Violations & Penalties

Each day of a violation is a separate offense under 38 MRS § 420-D. Maine DEP enforces through administrative consent agreements, civil penalties up to $25,000 per day under 38 MRS § 349, stop-work orders, and remediation orders. Knowing violations can trigger criminal liability. Local code-enforcement officers in municipalities with delegated authority may also issue notices of violation.

Frequently Asked Questions

When do I need a Maine state stormwater permit?
Under 38 MRS § 420-D, any project that disturbs one acre or more of land requires Maine DEP approval before construction begins. Single-family detached homes, normal farming, forest management, and trail maintenance are statutorily exempt. The DEP applies stricter standards under Chapter 502 in direct watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams.
Can my Maine town impose stricter stormwater rules than the state?
Yes. Under 30-A MRS § 3001 (home rule), Maine municipalities may adopt stormwater ordinances stricter than state law. Many DEP-approved local programs (Portland, South Portland, Falmouth, Cumberland County coastal towns) take delegated permitting authority and apply lower disturbance thresholds. The 75-foot shoreland buffer under 38 MRS § 435 et seq. and impervious-surface limits also apply on top.
What standards apply if my project triggers § 420-D?
06-096 CMR Chapter 500 sets the General Standard (erosion and sediment control during and after construction), the Basic Standard (water-quality treatment of the first 1 inch of runoff), and the Flooding Standard (peak-flow management). Chapter 502 imposes a stricter phosphorus-export limit in lake watersheds at risk. Chapter 501 allows off-site mitigation fees when on-site treatment is infeasible.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.