Maine Statewide Rule
Maine state law: Stormwater Management, 38 MRS § 420-D / DEP Chapter 500
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)
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.
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?
Can my Maine town impose stricter stormwater rules than the state?
What standards apply if my project triggers § 420-D?
Sources
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