Section 096-377-1 - Board JurisdictionA. The Board of Environmental Protection shall exercise its jurisdiction in reviewing proposed roads which "are to be stripped or graded and not to be revegetated which causes a total project, including any buildings to occupy a ground area in excess of 3 acres", as defined in 38 M.R.S.A. §482(6)(B). NOTE: The following table may be used as a guide in determining whether a proposed road exceeds the three acre threshold.
| width of road, not including the portion of the right-of-way to be revegetated | length of road beyond which the 3 acre threshold is exceeded |
| 12 feet | 2.06 miles |
| 14 feet | 1.77 miles |
| 16 feet | 1.55 miles |
| 18 feet | 1.38 miles |
| 20 feet | 1.24 miles |
| 22 feet | 1.13 miles |
| 24 feet | 1.03 miles |
| 26 feet | .95 miles |
| 28 feet | .88 miles |
| 30 feet | .83 miles |
| 32 feet | .77 miles |
| 34 feet | .73 miles |
| 36 feet | .69 miles |
| 38 feet | .65 miles |
| 40 feet | .62 miles |
(1) Pursuant to 38 M.R.S.A. §488, developments which consist only of a municipal or private road or way are exempt from the Board's jurisdiction under the Site Location Law provided they are located, constructed, and maintained in accordance with the following provisions: (a) The Maine Land Use Regulation Commission's (LURC) rules and regulations when a road is to be located in a development or protection district, as established by LURC.(b) LURC's "Erosion Control on Logging Jobs" guidelines when roads are to be located in LURC's management districts; and(c) The Board's road standards found in Sections 4 and 5 of these regulations when roads are to be located outside of LURC's jurisdiction.06- 096 C.M.R. ch. 377, § 1