01-001-211 Me. Code R. § 16

Current through 2024-51, December 18, 2024
Section 001-211-16 - SETBACK AND SEPARATION TABLES

TABLE 1. Setbacks for Burial Trenches

SETBACK IF FEATURE IS:
FEATUREUPSLOPEDOWNSLOPE
Perennial Waterbodies @ 100' 150'
Intermittent Waterbodies @ 50' 75'
Public Water System 300'# 300'#
Private Wells (except owners) 150'+ 150'+
Private Wells (owner) 100'+ 100'+
Public Roads 50' 50'
Residences (except owner) 100'+ 100'+
.Non Residences (except owner) 50'+ 50'+
Buildings (owner) 20' 20'
Property Lines 50'+ 50'+
Wetlands of Special Significance 100' 100'
Other Wetlands Not Within Not Within
Significant Sand & Gravel Aquifers Not within Not within
10-Year Flood Plain Not within Not within
Slopes 15% or less 15% or less
Distance Between Burial Trenches a distance equal to or greater than the width of the trench

@ Setbacks shall be from the normal maximum high water mark.

+ This setback may be reduced with written permission from property owner.

# This setback may not be reduced.

TABLE 2. Minimum Separation Distance for Burial Trenches

Seasonal Water Table 12"*+
Bedrock 24"*+
Upper Limits of Sand or Gravel 12"*+

*Based upon carcass thickness of up to 24 inches; for each additional 12 inches thickness of carcasses above 24 inches, increase separation by 6 inches.

+These separation distances may be achieved by the use of engineering techniques such as placing fill, installing curtain drains or diversion ditches.

TABLE 3. Setbacks for Composting or Burial of Less Than 500 Lbs. of Animal Carcasses or Offal Per Year, or One Large or Two Medium Size Carcasses per Year, without a Qualified Professional

FEATURESETBACK
Perennial Waterbodies @ 100'
Intermittent Waterbodies @ 50'
Public Water System 300'#
Private Wells (except owners) 150'+
Private Wells (owner) 100'+
Public Roads 50'
Residences (except owner) 100'+
.Non Residences (except owner) 50'+
Buildings (owner) 20'
Property Lines 50'+
Wetlands of Special Significance 100'
Other Wetlands Not Within
Significant Sand & Gravel Aquifers Not within
10-Year Flood Plain Not within
Slopes 15% or less
Distance Between Burial Trenches a distance equal to or greater than the width of the trench

@ Setbacks shall be from the normal maximum high water mark.

+ This setback may be reduced with written permission from property owner

# This setback may not be reduced.

TABLE 4. Minimum Setback Distances for Carcass Compost Bins and Vessels

FeatureSetback
Perennial Waterbodies @ 100'
Intermittent Waterbodies @ 50'
Public Water Supplies 100'#
Private Wells (except owner) 100'
Roads 50'
Buildings (except owner)
Residences 100'+
Non-residences 50'+
Buildings (owner) 20'
Property Lines 50'
Significant Sand and Gravel Aquifers N.A.
Flood Plain Not within 100 year
Wetland Outside (Unless permits obtained)
Slopes 15% or less (Unless otherwise modified)

@ Setbacks shall be from the normal maximum high water mark.

+ This setback may be reduced with written permission of adjacent property owner.

! If the barn is located closer to the residence or other building than this setback, the compost sites may be developed next to the barn but shall not be closer to the residence or other building than the nearest point of the barn.

# This setback may not be reduced.

TABLE 5. Minimum Vertical Separation Distance Between Compost and Soil Limiting Factors for Bins and Vessel Systems

FEATUREBins, Vessels & Contained Curing PilesUncontained Curing Piles
Seasonal Water Table 12"* 18"*
Bedrock 12"* 24"*
Upper Limits ofSand 12"* 18"*
or Gravel Horizons

* Separation distance may be achieved by adding fill or lowering the water table.

TABLE 6. Minimum Setback Distances for Carcass Compost Piles, Windrows, and Curing Piles&

SETBACK IF FEATURE IS:
Facility has > 700 AUs or is a Commercial ComposterFacility has < 700 AUs or is a non-Commercial Composter
FEATUREUPSLOPEDOWNSLOPEUPSLOPEDOWNSLOPE
Perennial Waterbodies @ 100' 300' 100' 150'
Intermittent Waterbodies @ 100' 200'* 50' 75'*
Public Water System 300'# 300'# 300'# 300'#
Private Wells (except owners) 150'+ 300'+ 150'+ 150'+
Private Wells (owner) 100'+ 200'+* 100'+ 100'+*
Public Roads 100' 200'* 50' 50'*
Residences (except owner) 300'+ 300'+ 100'+ 100'+
Non Residences (except owner) 150'+ 150'+* 50'+ 50'+*
Buildings (owner) 20' 20'* 20' 20'*
Property Lines 100'+ 200'+* 50'+ 50'+*
Wetlands of Special Significance 100' 200'* 100' 100'*
Other Wetlands Not Within Not Within Not Within Not Within
Significant Sand & Gravel Aquifers Not Within Not Within Not within Not within
10-Year Flood Plain Not Within Not Within Not within Not within
Slopes 15% or less 15% or less 15% or less 15% or less
Greater than 33% slope 25' 150' 25' 100'

& Most setbacks may be adjusted with permission of the Commissioner based on site specific conditions and management techniques except where otherwise noted.

@Setbacks shall be from the normal maximum high water mark.

*Must also meet the filter strip requirements (see Table(8), the greater of which prevails.

+This setback may be reduced with written permission from property owner.

# This setback may not be reduced.

TABLE 7. Minimum Separation Distances for Uncontained Compost Sites

PavedUnpaved
(Depth below working surface in inches)
Seasonal water Table 12 24
Bedrock 12 24
Upper Limits of sand/gravel 12 18

These separation distances may be achieved by the use of engineering techniques such as placing fill, installing curtain drains or diversion ditches.

TABLE 8. Compost Site Filter Strip Requirements*

Facilities with < 700 AUs or Non-Commercial CompostersFacilities with > 700 AUs or Commercial CompostersCOMMENT
Filter strip width parallel to the contour down slope from compost pad For pads less than 25 feet in width: minimum width of 25 feet along the downslope side of the compost pad For pads > 25 feet but less than 200 ft&:Minimum of 1 ft filter width for each 1 ft of impervious pad width up to 50 feet. Then 1 ft of filter strip width for each 2 feet of impervious pad width between 50 and 200 ft. *** Note: Pads must also meet the setback requirements in Table 6, which may be greater than the filter strip width.
Filter strip length perpendicular to the contour Equal to or greater than the length of the compost pad parallel to the contour Equal to or greater than the length of the compost pad parallel to the contour ***
Minimum Depth to hardpan or water table+ 10 inches 15 inches
Minimum Depth to bedrock+ 18 inches 24 inches
Vegetative cover Maintenance** Herbaceous vegetation (grass): mow 1 or 2 times/yr ; forest cover: maintain forest stand and organic duff layer
Run off flow through filter strip Grade or use stone or erosion and sediment control mulch berm to direct flow as sheet flow at upslope edge of filter strip. For herbaceous filter strips more than 100 ft in width include a mulch or stone berm every 50' to redistribute flow into sheet flow. *** Maintain as sheet flow, repair any concentrated flow channels.
Depth to Sand or Gravel Layers+ 6" 12"
Erosion and Sediment Control Disturbed soils shall be stabilized. No traffic shall be allowed in filter strip until vegetation has been well established.
Filter strip slope <=10% slope++;

* Requirements are for new facilities. For existing facilities or new facilities on existing farming operations that only use farm generated materials, reductions to these standards may be authorized by the Commissioner.

** Vehicle traffic shall be minimized within the filter strip to minimize compaction of the soil, rutting, and damage to the vegetation.

*** May be adjusted with permission of the Commissioner based on site specific conditions and management techniques

& Pads greater than 200 ft in width shall require a filter strip designed on a site specific basis by a qualified professional.

+ May be achieved by engineering techniques such as diversion ditches, curtain drains or adding fill. Permits may be required for altering wetlands to comply with filter strip requirements.

++ For sites > 10% but less than 20% slope: Site specific modifications may be allowed with permission of the Commissioner.

Bibliography

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01-001 C.M.R. ch. 211, § 16