 March 2025
In this Issue:
In a move to revolutionize the way we manage permit applications and licenses, the Maine Department of Environmental Protection is investing in a new electronic licensing system, the Maine Enterprise Licensing System (MELS).
With MELS, applicants will experience a simplified and user-friendly interface, allowing for easy submission and self-tracking of licensing applications. This upgrade will also allow DEP staff to more efficiently allocate their time during the application review process.
The transition to MELS will be implemented in phases. Each DEP program will migrate to the new system one at a time, allowing for thorough testing, training, and seamless integration of functionalities. This gradual rollout will minimize disruptions to ongoing operations.
The Bureau of Land Resources is the first to “go live” with MELS. Starting in early 2025, all Land license applications (except for mining and hydropower applications) will be submitted and processed through MELS. After this date, pdfs and paper applications will no longer be accepted. For more information, please visit our website!
By harnessing the power of technology, we aim to foster greater transparency and innovation in environmental regulation, ultimately advancing our mission to protect human health and the environment for present and future generations.
MELS will provide:
- Integrated licensing, certification, registration, compliance, inspection, and enforcement functionality
- A customer portal with self-service/online application functionality
- A public information/search portal
- Integrated electronic payment processing
|
When municipalities update their local shoreland zoning ordinance and map, please remember that our staff can provide free consultation and review for any updates or amendments to these documents. Oftentimes, having Department staff involved early in the amendment process can save a municipality time and money, so please reach out to us or send us draft versions to look over. Map amendments can be extra tricky since typical natural resources are not always going to fall in line with mapped shoreland zoning resources. For example, not all streams and wetlands qualify for shoreland zoning standards. So, give us a call to help navigate the amendment process. And thank you to all the municipalities that have worked to amend their local ordinance or map, we appreciate you!
|
Following recent storms, the DEP received numerous inquiries regarding locating standby generators and fuel storage tanks within shoreland zone setbacks. In many situations standby generators and fuel are required to operate medical equipment sometimes for weeks. Even without the need to operate medical equipment, standby generators and fuel may be needed for weeks to provide basic living requirements, prevent additional property damage and facilitate repairs. To address these concerns the DEP has adopted a policy for municipalities to adopt ordinance provisions to allow standby generators and fuel storage tanks within a shoreland zone setback. The ordinance provision is like the provision for locating a small shed in the shoreland zone setback. As an example, a municipality could adopt the following:
Standby Generator/Fuel Storage Tank: On a lot of record on which a Residential Dwelling Unit exists, and on which it is not possible to place a Standby Generator/ Fuel Storage Tank meeting the required shoreland zone setback, a permit may be issued for a Standby Generator/ Fuel Storage Tank in a location which conforms to the shoreland zone setback to the greatest possible extent as determined by the Planning Board or its designee. In no event shall a Standby Generator/ Fuel Storage Tank be located closer than the principal structure to the high-water line of a water body, tributary stream or upland edge of a wetland. The Standby Generator shall meet all the other applicable standards and requirements of this Ordinance.
If you have any questions, feel free to contact your regional Shoreland Zoning Coordinator.
|
Over the past few months, the Shoreland Zoning staff have taken many calls and emails about Public Law 2021 Chapter 672 (LD 2003, An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions) requiring municipalities to allow accessory dwelling units (ADUs). This law was recently amended by Public Law 2023 Chapter 192 (LD 1706, An Act to Clarify Statewide Laws Regarding Affordable Housing and Accessory Dwelling Units).
With respect to shoreland zoning and ADUs, the law states the following: “An accessory dwelling unit must comply with shoreland zoning requirements established by the Department of Environmental Protection under Title 38, chapter 3 and municipal shoreland zoning ordinances, except that a municipality may not categorically prohibit accessory dwelling units in the shoreland zone that would otherwise meet requirements established by the Department of Environmental Protection under Title 38, chapter 3 and municipal shoreland zoning ordinances.”
So what does this mean? In the shoreland zone, an ADU is looked at just like any other dwelling. If a dwelling already exists on a lot within the shoreland zone, the lot would have to be double the dimensional requirements in order to place a second dwelling on the property. However, the Legislature has made clear that a municipality may not categorically ban ADUs in the shoreland zone.
The Board of Environmental Protection recently adopted revisions to the Department’s Chapter 2 rules, Processing of Applications and Other Administrative Matters. The news rules took effect on September 15, 2024.
Chapter 2, Section 13 includes new public notice requirements. Applicants for an individual NRPA permit or a NRPA permit-by-rule must mail notice to all abutters and all persons owning property within 1,000 feet of the activity, and to the municipal office, within 30 days prior to submitting the application. In their application to the Department, the applicant must provide a list of persons to whom notice was provided. Certified mail is no longer required. If the public is not noticed in accordance with the new rules, the Department can find that the application is incomplete and require notice to be provided before the application is resubmitted.
The DEP website and application forms have been updated to reflect the new public notice requirements. To see forms specific to NRPA permit-by-rule, please go to this webpage: https://www.maine.gov/dep/land/permits/pbr/index.html.
The Department has proposed revisions to Chapter 305, Natural Resources Protection Act – Permit by Rule Standards, that would narrow the public notice requirements for NRPA permit-by-rule applicants. The proposed revisions would require that NRPA PBR applicants must notify only abutters and the municipal office, not everyone owning property within 1,000 feet of the activity. The Department anticipates it will recommend adoption of these changes to the Board in the late winter or early spring of this year. To receive rulemaking updates, please subscribe using this link: https://www.maine.gov/dep/how-do-i/how-do-i.html?id=381237.
|
Jessica Sayers
At the end of November, 2023, I joined the Shoreland Zoning Unit as an assistant coordinator serving the Eastern Maine region within the Department of Environmental Protection. I am very excited to take on this new role and look forward to working with municipality and Department staff alike. Prior to taking on this new position, I worked as a Licensor within the Land Bureau and had the opportunity to work closely with the Shoreland Zoning Unit in the review of development projects. I’m confident that my previous roles and environmental background will help me excel as a new member of the Shoreland Zoning team. In my free time, I enjoy sports, music, and Maine’s beautiful natural resources. Hiking with my husband and two dogs is one of my favorite things to do on the weekend.
|
Ross Gatcomb IV
In April of 2024, I joined the Shoreland Zoning Unit as an Assistant Coordinator, assigned to the Northern Maine Regional Office. Prior to that, I worked as an Environmental Engineer with General Dynamics Bath Iron Works. Also, I have worked in the federal and private sectors as a wildlife specialist along with other natural resource positions. In 2009, I retired from the United States Marine Corps.
As a native of Aroostook County, my favorite activities are fishing, hunting, skiing, ATVing, snowmobiling, motorcycling, hiking, paddle boarding, and many other sports. Also, I enjoy conducting most of these activities with my wife and 3 dogs.
What is interesting about my job? I am allowed so many opportunities to appreciate Maine’s natural resources and the beauty of our great state while on the job. The required professional writing that we do is an activity that I enjoy as well. Most importantly, I feel that working with individuals like code enforcement officers and other officials is so beneficial because they are the tip of the spear for the conservation and the sustainability of our natural resources in the State.
Why did I choose this field? As a child growing up in Maine, I spent most of my time in the woods or recreating at a nearby lake. My time in the State brought a lot of joy and many interesting memories. As an adult, I have access to these great experiences and to be part of maintaining what Maine has to offer. I have been to many places around the world, but Maine is the most beautiful, purest state I have ever lived in.
|
The Subsurface Wastewater Department is going to be offering some training opportunities this spring. Please click here for specific dates and locations for the trainings and click here for their homepage.
The Nonpoint Source Training Center is offering a large amount of training opportunities for New certification in Erosion Control Practices, recertification and pre-recorded online courses. Please click on the following link to learn more about these trainings
|
