Natural Resources Protection Act (NRPA)

Introduction

Contacts (licensing)
Field determinations
Forms
Rules
Statutory sections
Supplemental materials

National Wetland Inventory Maps
Essential Habitat

• Protected Natural Resources. Protected natural resources are coastal sand dune systems, coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, great ponds and rivers, streams or brooks. See 38 MRSA 480-B for statutory definitions.
• Rulemaking. For information on a rulemaking currently in progress, please see the Rulemaking Page.

Introduction

The purpose section of the the Natural Resources Protection Act (NRPA) provides, in part, that:

      "The Legislature finds and declares that the State's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and coastal sand dune systems are resources of state significance. These resources have great scenic beauty and unique characteristics, unsurpassed recreational, cultural, historical and environmental value of present and future benefit to the citizens of the State and that uses are causing the rapid degradation and, in some cases, the destruction of these critical resources, producing significant adverse economic and environmental impacts and threatening the health, safety and general welfare of the citizens of the State."

The law is focused on "protected natural resources". A permit is required when an "activity" will be:

--Located in, on or over any protected natural resource, or

--Located adjacent to (A) a coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland, or (B) certain freshwater wetlands.

An "activity" is (A) dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; (B) draining or otherwise dewatering; (C) filling, including adding sand or other material to a sand dune; or (D) any construction, repair or alteration of any permanent structure.

Certain exemptions apply. A pre-application meeting is required for some projects, and is available on request for others. The NRPA is administered by the DEP in organized areas.

Contacts (licensing)

For general licensing questions, please use the ON-CALL system. Call one of the following numbers, and ask to speak with the "on-call" person for the NRPA program in the Bureau of Land and Water Quality. Augusta: 800-452-1942. Bangor: 888-769-1137. Portland: 888-769-1036. Presque Isle: 888-769-1053. The area code for all of Maine is 207.

Additional contacts -- Augusta:  Jim Cassida (287-7691).   Bangor:  Robin Clukey: 941-4348.   Presque Isle:  Eric Hitchcock (764-0477). The area code for Maine is 207.

Field determinations

If you need a field determination, call your nearest DEP regional offices and ask to speak to the "on call" person in Land and Water.  Office phone numbers.

Statutory sections

Title 38, Chapter 3, §§ 480-A to 480-Z. [note:   this link is to the text at the Office of Revisor of Statutes' site.  Always check the disclaimer there -- the text may not include the most recent changes.]

• DEP statutory handout (booklet) in two files: cover and text. Text incorporates changes effective August 23, 2006.
• Note: this handout dated 4/20/2007 is the same as the previous version dated 8/23/2006 except that in error in the text in Section 480-W has been corrected, and one unallocated law provision has been added at the end.

Rules 

Information about changes made by a prior rulemaking affecting Chapters 305 and 310 (effective 12/5/2006).

Chapter 335.  The Significant Wildlife Habitat Rules and Seabird Nesting Island Maps became effective as of September 15, 1998.   The Bangor, Augusta, and Portland offices have full sets of the maps (55), lists of the islands (233) by town, lists of the affected municipalities (51), and a key to the quads. Each town also has a map of their town's islands. Ch. 335 was amended effective June 8, 2006. Chapter 315 (Scenic rules) became effective June 29, 2003.

Handouts of rule texts are available from DEP. See information about recent and current rulemakings on the rulemaking page.

Forms

Important Note about Forms in Word:   Altered forms will not be accepted.  If you believe an item does not apply, write "NA" or "not applicable" rather than deleting it.  Extending the length of a form to add more information is acceptable.

• Application (use for individual NRPA permit, and freshwater wetland alteration (Tier 1, 2 and 3) (pdf) in MS Word file). Note: The hardcopy application is color coded for ease of use. If using a copy downloaded from the web, look for the page color that is indicated in text at the bottom right-hand corner of each page.
• Application for Minor Revision (pdf); in MS Word
• Application for Condition Compliance (pdf); in MS Word
• Permit by Rule Notification Form   (for use with DEP Rule, Chapter 305).  If you want to fill in the form on your PC (and then print and sign it), and have MS Word, use this WORD file.   Forms associated with some of the sections of Permit by Rule:

• Request for approval of timing of activity from the Dept. of Inland Fisheries and Wildlife
  • Map showing IF&W regional office boundaries, addresses, and phone numbers
• Request for approval of timing of activity from the Dept. of Marine Resources
• Request for approval of timing of activity from the Atlantic Salmon Commission
  

Note-- if you are applying for a permit by rule, you may also want the following information sheets:   Erosion Control for Homeowners,  Bureau of Parks and Lands, and Information Bulletin from the Corps of Engineers.

• Specialized applications
  • Application and Instructions for Cranberry General Permit (pdf); in MS Word. 
• Application for General Permit -- Agricultural Irrigation Pond (pdf); in MS Word (2009).
• Sand Dune Application (pdf); in MS Word
• Significant Vernal Pool Data Collection Form (6/6/2007)

Supplemental materials

• Standard conditions (full permit)
  
  
• Agricultural Irrigation Ponds (issue profile)
• Amendments to Chapter 305, Permit by Rule (effective 12/5/2006) (fact sheet)
• Applications to Dredge or to Dispose of Dredged Material in Coastal Waters (issue profile)
• Citizen's Guides: A Citizen's Guide to the Natural Resources Protection Act (NRPA); The Permit by Rule Program; The NRPA Wetlands Regulatory Program (8" x 11" booklets)
• Coastal Sand Dunes Systems: recent rulemaking history and legislative report
• Cranberry Beds -- Construction Planning Guide 1/97
• Cranberry Cultivation Projects (fact sheet)
• Designing Project to Minimize Impacts upon Natural Resources (fact sheet)
• Essential wildlife habitat (Endangered Species Act) (off-site). Once an area becomes designated as Essential Habitat, no state agency or municipal government may permit, license, fund or carry out projects that would significantly alter the habitat or violate protection guidelines adopted for the habitat.
• In Lieu Fee Compensation Program and Maine Natural Resource Conservation Program (ILFP and MNRCP)
• Increased Protection of Significant Wildlife Habitats: High and Moderate Value Waterfowl & Wading Bird Habit and Shorebird Nesting, Feeding and Staging Areas (fact sheet) (pdf file)
• Maine's Wetlands -- Their Functions and Values (issue profile)
• MAWS Annual Meeting, March 2007 (presentation) (pdf file)
• Natural Resrouce Compensation: Methods for Restoring Lost Functions and Values (fact sheet)
• Natural Resource Mitigation Fund (fact sheet) (pdf file)
• Natural Resources Pre-application meetings (fact sheet)
• Natural Resources Protection Act (NRPA) (issue profile)
• New Authority over Activities Adjacent to Protected Natural Resources (fact sheet)
• Permit-by-Rule (NRPA) (issue profile)
• Permit-by-Rule (NRPA) Locations (Google Earth Interactive Maps). Note: you need to install "Google Earth" to see the maps on this page. See the directions at the top of the page.
• Planning Projects to Meet Permit-by-Rule Standards (fact sheet)
• Significant groundwater wells
• Significant Wildlife Habitat: Bird Habitats
• Significant Wildlife Habitat: Significant Vernal Pools
• Vernal Pools: A Significant Wildlife Habitat (pdf file)
• Wetlands Compensation -- Techniques for Restoring Lost Functions and Values (issue profile)
• Wetlands Protection -- A Federal, State and Local Partnership (issue profile)
• Wetlands Rules (NRPA) (issue profile)

National Wetland Inventory Maps

Important Disclaimer: National Wetland Inventory maps are produced by the U.S. Fish and Wildlife Service from interpretation of aerial photographs. They provide approximate information on the types, extent, and locations of wetland resources and are used for a variety of purposes. The accuracy of the NWI wetland information, especially wetland sizes and locations, can be a factor of the time of year when photographs were taken, the density of tree canopies, and other obstacles to photo-interpretation. They therefore should not be used as the sole source of information when accurate wetland information is critical. NWI maps do not substitute for site specific field investigations and wetland boundary delineations required by the Department pursuant to the Natural Resources Protection Act (38 M.R.S.A. §§480-A et seq.) and the Maine Wetland Protection Rules (Chapter 310).  Go here to "Wetlands Digital Data" (off-site).

Essential wildlife habitat (Endangered Species Act)

Once an area becomes designated as Essential Habitat, no state agency or municipal government may permit, license, fund or carry out projects that would significantly alter the habitat or violate protection guidelines adopted for the habitat. More information about essential wildlife habitat (off-site).