In 2008, the 123rd Maine
Legislature passed LD 2249 which among other provisions requires that all
excavation work in excess of one cubic yard done in shoreland areas, must be
supervised by an individual certified in erosion control practices by the
Department of Environmental Protection (DEP). The law further states that the
certified individual must be responsible for management of erosion and sediment
control practices at the site and must be present at the site each day
earthmoving activity occurs to ensure that proper erosion and sedimentation
control practices are followed.
What is the Shoreland
Area and how can it be determined that a project is located there?
Under the state’s
Shoreland Zoning Statutes, the shoreland zone is generally defined as all areas
located within 250 feet of rivers, lakes, ponds, some non-forested wetlands,
coastal waters, and within seventy-five feet of some streams. However, each
municipality adopts their own mapped shoreland zone area. To determine if a
project is located in the shoreland zone and subject to law requirements, it is
best to consult with the municipality where a project is located.
When do these
requirements go into effect?
In order to provide
sufficient time for all construction companies to comply with provisions of the
law, the effective date of the certification requirement is January 1, 2013.
How do you comply?
Compliance to law
requirements can be accomplished in two ways: Company personnel involved in
supervising work in shoreland areas may become certified through the DEP’s
contractor certification program. As an alternative, a company may choose to
contract with a certified individual to supervise the company’s work in
How do you become
accomplished by attending a day-long training program in Erosion Control
Practices sponsored by the DEP’s Nonpoint Source Training and Resource Center,
and successfully completing a construction site evaluation. These courses are
generally held from December through April each year. A listing of courses can
be found on the DEP Website at maine.gov/dep/blwq/training/ schedule.htm or by
calling the Center at 287-7726. Also please see our Upcoming Workshops and
Trainings link to the left for local listings.
Benefits to becoming
entitle the holder to forgo the 14-day waiting period for Stream Crossing
Projects under the Department's Permit-by-Rule program. It will also allow the
holder to certify erosion control plans under the MPDES Construction Activity
General Permit. Certification enables a contractor to advertise as a “DEP
Certified Contractor,” and the Department maintains a list of certified
contractors that is posted on the DEP web site. This list is available for
distribution to the general public, state agencies and other
interested persons. All
certified individuals can also obtain any publication from the Nonpoint Source
Training and Resource Center Library at no charge and are eligible for discounts
from four suppliers of erosion control products.
circumstances, certification can be revoked. Revocation is likely if a formal
enforcement action is taken against a certified contractor whose failure to
employ satisfactory erosion and sediment control practices results in
sedimentation of waterbodies or wetlands. NOTE: Certification would not be
revoked as a result of sedimentation resulting from unusual storm events,
flooding or other conditions beyond the control of the contractor.