06- 096 C.M.R. ch. 310, § 3

Current through 2024-51, December 18, 2024

Section 096-310-3 - Definitions

The following terms, as used in this rule, have the following meanings, unless the context indicates otherwise.

NOTE: The following terms are defined by statute: coastal sand dune systems; coastal wetlands; freshwater wetlands; great ponds; normal high water line; permanent structure; river, stream or brook; and significant wildlife habitat. A copy of these definitions will be included in a packet with this rule for informational purposes.

A.Adjacent to a Protected Natural Resource. The area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.

B.Alteration. Dredging; bulldozing; removing or displacing soil, sand, vegetation or other materials; draining or dewatering; filling; or any construction, repair or alteration of any permanent structure.

On a case-by-case basis and as determined by the department, the term "alteration" may not include:

(1) An activity disturbing very little soil such as installing a fence post or planting shrubs by hand;

(2) The addition of a minor feature to an existing structure such as a bench or hand rail; and

(3) The construction, repair or alteration of a small structure with minimal impact such as a nesting box, pasture fence, or staff gauge.

C.Aquatic Vegetation. Plants that usually grow on or below the surface of the water for most of the growing season in most years.

D.Compensation. Replacement of a lost or degraded wetland function with a function of equal or greater value.

E.Creation. An activity bringing a wetland into existence at a site where it did not formerly occur for the purpose of compensation.

F.Critically Imperiled Natural Community (S1). An assemblage of plants, animals and their common environment that is extremely rare in Maine or vulnerable to extirpation from the state due to some aspect of its biology. An example of an S1 community that occurs in freshwater wetlands is the Outwash Plain Pondshore community.

G.Emergent Marsh Vegetation. Plants that:

1. are erect, rooted and herbaceous;

2. grow in semi-permanently to permanently flooded areas; and

3. do not tolerate prolonged inundation of the entire plant. Examples of emergent marsh vegetation include cattails, burreed, tussock sedge, rice cut grass, pickerel weed, arrowhead and bulrush.

H.Enhancement. An activity increasing the net value of a wetland.

I.Fill.

a. (verb) To put into or upon, supply to, or allow to enter a wetland or water body any earth, rock, gravel, sand, silt, clay, peat or debris;

b. (noun) material, other than structures, placed adjacent to a wetland or water body; or material placed in a wetland or water body with the result of a change in the bottom elevation or character or boundaries of the wetland or water body. This term also includes roads, paths and other projects consisting of uncontained material regardless of how long the material remains in the wetland or water body.

J.Functions. The roles wetlands serve which are of value to society or the environment including, but not limited to, flood water storage, flood water conveyance, ground water recharge and discharge, erosion control, wave attenuation, water quality protection, scenic and aesthetic use, food chain support, fisheries, wetland plant habitat, aquatic habitat and wildlife habitat.

K.Health or Safety Project. An activity undertaken to protect or improve public health and safety, or to lessen the risk of injury in a public area through the modification of existing or potentially hazardous conditions. Public health projects and safety projects include, but are not limited to, measures taken to provide or enhance a potable public water supply, to provide fire protection, to control flooding, to provide for safe disposal of solid waste and waste water, and to construct, upgrade, or repair public roads, bridges, airports, railroads and other transportation facilities.

L.Imperiled Natural Community (S2). An assemblage of plants, animals and their common environment that is rare in Maine or vulnerable to further decline. Examples of S2 communities that occur in freshwater wetlands are Atlantic White Cedar Swamp, Alpine Bog-Meadow, Circumneutral Fen, Maritime Slope Bog and Coastal Plain Pocket Swamp.

M.Maintenance. Activities required to assure continuation of a wetland or the accomplishment of project goals after a restoration or creation project has been technically completed, including, but not limited to, water level manipulations and control of non-native plant species.

N. Mitigation. Actions taken to off-set potential adverse environmental impact. Such actions include the following:

(1) Avoiding an impact altogether by not taking a certain action or parts of an action;

(2) Minimizing an impact by limiting the magnitude or duration of an activity, or by controlling the timing of an activity;

(3) Rectifying an impact by repairing, rehabilitating, or restoring the affected environment;

(4) Reducing or eliminating an impact over time through preservation and maintenance operations during the life of the project; and

(5) Compensating for an impact by replacing affected resources or environments.

O.Mitigation Banking. Wetland restoration, enhancement, preservation or creation for the purpose of providing compensation credits in advance of future authorized impacts to similar resources.

P.Peatland. A freshwater wetland, typically called a bog or fen, with organic soils (Histosols), dominated by ericaceous shrubs (heath family), sedges and sphagnum moss and usually having a saturated water regime. Examples of heath family vegetation include leather leaf, sheep laurel, Labrador tea, and small cranberry.

Q.Persistence. The overall ability of a wetland to be self-sustaining, continue to exist, and to serve intended functions over an indefinite period of time, although its vegetation, soils, hydrologic characteristics and precise boundaries may change.

R.Practicable. Available and feasible considering cost, existing technology and logistics based on the overall purpose of the project.

S.Preservation. The maintenance of a wetland area or associated upland areas that contribute to the wetland's functions so that it remains in a natural or undeveloped condition. Preservation measures include, but are not limited to, conservation easements and land trusts.

T.Restoration. An activity returning a wetland from a disturbed or altered condition with lesser acreage or fewer functions to a previous condition with greater acreage or function.

U.Utility Line. A pipe, cable or wire, along with appurtenant facilities, used to transmit or transport a commodity, service or waste product including, but not limited to, water, oil, natural gas, electricity, communications and sewage. Appurtenant facilities include, but are not limited to, supporting structures such a, poles, pump stations, storage tanks and cleared rights-of-way. Not included as part of a utility line are buildings, generating stations and transmission substations.

V. [Repealed]

W.Water Dependent Use. A use which cannot occur without access to surface water. Examples of uses which are water dependent include, but are not limited to, piers, boat ramps, marine railways, lobster pounds, marinas and peat mining. Examples of uses which are not water dependent include, but are not limited to, boat storage, residential dwellings, hotels, motels, restaurants, parking lots, retail facilities and offices.

X.Wetland Value. The importance of a wetland with respect to the individual or collective functions it provides.

NOTE: A wetland may have different values for different functions. For example, a wetland may have a high value for wildlife habitat, but little value for flood storage.

06- 096 C.M.R. ch. 310, § 3