Section 480-C - Prohibitions1.Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following: A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or [1995, c. 460, §4 (RPR); 1995, c. 460, §12 (AFF).]B. Freshwater wetlands consisting of or containing:(1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or(2) Peatlands dominated by shrubs, sedges and sphagnum moss. [1995, c. 460, §4 (RPR); 1995, c. 460, §12 (AFF).] A person may not perform or cause to be performed any activity in violation of the terms or conditions of a permit.
[2001, c. 618, §2 (AMD).]
2.Activities requiring a permit. The following activities require a permit: A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; [1987, c. 809, §2 (NEW).]B. Draining or otherwise dewatering; [1987, c. 809, §2 (NEW).]C. Filling, including adding sand or other material to a sand dune; or [1987, c. 809, §2 (NEW).]D. Any construction, repair or alteration of any permanent structure. [1987, c. 809, §2 (NEW).] [1987, c. 809, §2 (NEW).]
3.Application.[1993, c. 721, Pt. F, §1 (RP); 1993, c. 721, Pt. H, §1 (AFF).]
4.Significant groundwater well. A person may not perform or cause to be performed the establishment or operation of a significant groundwater well without first obtaining a permit from the department. [2007, c. 399, §11 (NEW).]
5.Small-scale wind energy development. A person may not construct or cause to be constructed a wind energy development requiring certification under Title 35-A, section 3456 without first obtaining a permit from the department under section 480-II. [2015, c. 264, §2 (NEW).]
Amended by 2015, c. 264,§ 2, eff. 10/15/2015.1987, c. 809, § 2 (NEW) . 1989, c. 430, § 4 (AMD) . 1989, c. 838, § 4 (AMD) . 1989, c. 890, §§A40,B70 (AMD) . 1993, c. 721, §F1 (AMD) . 1993, c. 721, §H1 (AFF) . 1995, c. 460, § 12 (AFF) . 1995, c. 460, § 4 (AMD) . 2001, c. 618, § 2 (AMD) . 2007, c. 399, § 11 (AMD) .