Me. Rev. Stat. » Title 38
Maine Revised Statutes

Me. Rev. Stat. tit. 38, § 341-A (2026)

Department of Environmental Protection

✓ current as of May 2026
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There is established a Department of Environmental Protection, in this Title called the "department."   [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
1.  Purpose.  The department shall prevent, abate and control the pollution of the air, water and land and preserve, improve and prevent diminution of the natural environment of the State. The department shall protect and enhance the public's right to use and enjoy the State's natural resources and may educate the public on natural resource use, requirements and issues.  
[PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
2.  Composition.  The department shall consist of the Board of Environmental Protection, in the laws administered by the department called "board," and of a Commissioner of Environmental Protection, in the laws administered by the department called "commissioner."  
[PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
3.  Commissioner.  The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the Legislature.  
A. The commissioner serves at the pleasure of the Governor.   [PL 1995, c. 3, §5 (AMD).]
B. The commissioner may not participate in the review of or act on an application for a National Pollutant Discharge Elimination System permit or the modification, renewal or appeal of a permit under Section 402 of the Federal Water Pollution Control Act, 33 United States Code, Section 1342 if the commissioner receives, or during the previous 2 years has received, a significant portion of income directly or indirectly from National Pollutant Discharge Elimination System permit holders or applicants. If the commissioner's authority is restricted under this paragraph, the commissioner shall delegate duties related to the restricted matter to employees of the department who do not hold major policy-influencing positions pursuant to Title 5, section 938 and who do not receive or have not received during the previous 2 years a significant portion of income directly or indirectly from National Pollutant Discharge Elimination System permit holders or applicants. For the purposes of this section, "a significant portion of income" means 10% or more of gross personal income for a calendar year, except that it means 50% or more if the recipient is over 60 years of age and is receiving that portion under retirement, pension or similar arrangement. Duties that must be delegated include National Pollutant Discharge Elimination System permitting, enforcement, establishment of waste load allocations and total maximum daily loads and establishment and implementation of water quality standards but not other Federal Water Pollution Control Act matters such as water quality certification. The restriction imposed by this paragraph may not be interpreted to be more restrictive than federal law or the regulations of the United States Environmental Protection Agency. If a person with a conflict under this paragraph is nominated for the position of commissioner, the Governor shall submit to the President of the Senate and Speaker of the House of Representatives a plan for delegating the duties required to be delegated under this paragraph. The plan must be submitted with the information packet required to be provided by the Governor to the President of the Senate and Speaker of the House of Representatives under Title 3, section 154.   [PL 2011, c. 357, §1 (AMD).]
C. The commissioner may delegate duties assigned to the commissioner under this Title to staff of the department.   [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
D. The commissioner is subject to the conflict-of-interest provisions of Title 5, section 18.   [PL 2011, c. 357, §2 (NEW).]
[PL 2011, c. 357, §§1,2 (AMD).]
4.  Licenses and permits.  For purposes of this Title, licenses or permits issued by the department may be issued by either the commissioner or the board subject to the provisions of section 341‑D, subsection 2.  
[PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
SECTION HISTORY
PL 1989, c. 890, §A13 (NEW). PL 1989, c. 890, §A40 (AFF). PL 1995, c. 3, §5 (AMD). PL 1997, c. 794, §A2 (AMD). PL 2011, c. 357, §§1, 2 (AMD).
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Notes of Decisions
Cited in 12 cases, 2000–2017 · leading case: Concerned Citizens to Save Roxbury v. Bd. of Env't Prot., 15 A.3d 1263 (Me. 2011).
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Concerned Citizens to Save Roxbury v. Bd. of Env't Prot., 15 A.3d 1263 (Me. 2011). · cites it 2× “Title 38 M.R.S. § 341-A(2) (2010) explains that the “department shall consist of the Board of Environmental Protection .”
FPL Energy Maine Hydro LLC v. Dep't of Env't Prot., 2007 ME 97 (Me. 2007). “38 M.R.S. § 341-A(2) (2006). With the exception of certain applications described in 38 M.”
Conservation Law Found., Inc. v. Dep't of Env't Prot., 2003 ME 62 (Me. 2003). “38 M.R.S.A. § 341-A(1) (2001). The Board of Environmental Protection is responsible for rulemaking proceedings, ruling on certain permit applications, appeals from the grant or denial of permits and licenses by the DEP Commissioner, and the revocation of licenses.”
Friends of Maine's Mountains v. Bd. of Env't Prot., 2013 ME 25 (Me. 2013). “§ 341-C(l) (2012), and is a subset of the Department, 38 M.R.S. § 341-A(2) (2012) (stating that the Department consists of the Board and the commissioner).”
Tenants Harbor Gen. Store, LLC v. Dep't of Env't Prot., 2011 ME 6 (Me. 2011). “§ 344(1) (2007), the Commissioner was statutorily authorized to "delegate duties assigned to the commissioner under [Title 38] to staff of the department,” 38 M.R.S. § 341-A(3)(C) (2007). We therefore consider the letter decision from the Commissioner’s staff to constitute…”
Champlain Wind, LLC v. Bd. of Env't Prot., 2015 ME 156 (Me. 2015). “” 38 M.R.S. § 341-A(1) (2014). [¶ 14] Because the Board acted as; the fact-finder and determined all legal issues de novo, we review the Board’s decision— not the Department’s decision — denying Champlain’s application.”
Scribner's Mill Pres. v. Maine Dep't of Envtl. Prot. (Me. Super. Ct 2009). · cites it 2× “38 M.R.S. § 341-A(2). The Commissioner makes most licensing decisions, which may be appealed to the BEP for review.”
Penobscot Energy Recovery Co. v. Maine Dep't of Env't Prot. (Me. Super. Ct 2017). “See 38 M.R.S. §§ 341-A(l), 480-D, 581, 1310-N; 06-096 C.”
Hannum v. Maine Bd. of Envtl. Prot. (Me. Super. Ct 2002). “The department shall: prevent, abate and control the pollution of the air, water and land and preserve, improve and prevent diminution of the natural environment of the State.”
Rioux v. Blagojevic (Me. Super. Ct 2003). “As the parties have framed the issue, the BEP’s authority to issue the site location orders is found in 38 M.R.S.A. § 341-A et seq. See, €.g., 38 M.”
Pond View, Inc. v. Maine Bd. of Envtl. Prot. (Me. Super. Ct 2009). “" 38 M.R.S. § 341-A(2). 10 Finally, petitioner argues that the DEP violated its right to equal protection by "treating it differently from other temporarily out-of-service facilities, presumably because it is located on a sensitive geologic area and because of its tank design.”
Conservation Law Found., Inc. v. State of Maine, Dep't of Envtl. Prot. (Me. Super. Ct 2000). “38 M.R.S.A. §§ 341-A(4); 341- D(2), (3); 344; 347-A.”
— Me. Rev. Stat. tit. 38, § 341-A(1) — 2 cases
Conservation Law Found., Inc. v. Dep't of Env't Prot., 2003 ME 62 (Me. 2003). “38 M.R.S.A. § 341-A(1) (2001). The Board of Environmental Protection is responsible for rulemaking proceedings, ruling on certain permit applications, appeals from the grant or denial of permits and licenses by the DEP Commissioner, and the revocation of licenses.”
Champlain Wind, LLC v. Bd. of Env't Prot., 2015 ME 156 (Me. 2015). “” 38 M.R.S. § 341-A(1) (2014). [¶ 14] Because the Board acted as; the fact-finder and determined all legal issues de novo, we review the Board’s decision— not the Department’s decision — denying Champlain’s application.”
— Me. Rev. Stat. tit. 38, § 341-A(2) — 5 cases
FPL Energy Maine Hydro LLC v. Dep't of Env't Prot., 2007 ME 97 (Me. 2007). “38 M.R.S. § 341-A(2) (2006). With the exception of certain applications described in 38 M.”
Concerned Citizens to Save Roxbury v. Bd. of Env't Prot., 15 A.3d 1263 (Me. 2011). “Title 38 M.R.S. § 341-A(2) (2010) explains that the “department shall consist of the Board of Environmental Protection .”
Friends of Maine's Mountains v. Bd. of Env't Prot., 2013 ME 25 (Me. 2013). “§ 341-C(l) (2012), and is a subset of the Department, 38 M.R.S. § 341-A(2) (2012) (stating that the Department consists of the Board and the commissioner).”
Scribner's Mill Pres. v. Maine Dep't of Envtl. Prot. (Me. Super. Ct 2009). “38 M.R.S. § 341-A(2). The Commissioner makes most licensing decisions, which may be appealed to the BEP for review.”
Pond View, Inc. v. Maine Bd. of Envtl. Prot. (Me. Super. Ct 2009). “" 38 M.R.S. § 341-A(2). 10 Finally, petitioner argues that the DEP violated its right to equal protection by "treating it differently from other temporarily out-of-service facilities, presumably because it is located on a sensitive geologic area and because of its tank design.”
— Me. Rev. Stat. tit. 38, § 341-A(3)(C) — 1 case
Tenants Harbor Gen. Store, LLC v. Dep't of Env't Prot., 2011 ME 6 (Me. 2011). “§ 344(1) (2007), the Commissioner was statutorily authorized to "delegate duties assigned to the commissioner under [Title 38] to staff of the department,” 38 M.R.S. § 341-A(3)(C) (2007). We therefore consider the letter decision from the Commissioner’s staff to constitute…”
— Me. Rev. Stat. tit. 38, § 341-A(4) — 3 cases
Concerned Citizens to Save Roxbury v. Bd. of Env't Prot., 15 A.3d 1263 (Me. 2011). “Title 38 M.R.S. § 341-A(2) (2010) explains that the “department shall consist of the Board of Environmental Protection .”
Scribner's Mill Pres. v. Maine Dep't of Envtl. Prot. (Me. Super. Ct 2009). “38 M.R.S. § 341-A(2). The Commissioner makes most licensing decisions, which may be appealed to the BEP for review.”
Conservation Law Found., Inc. v. State of Maine, Dep't of Envtl. Prot. (Me. Super. Ct 2000). “38 M.R.S.A. §§ 341-A(4); 341- D(2), (3); 344; 347-A.”
— Me. Rev. Stat. tit. 38, § 341-A(l) — 1 case
Penobscot Energy Recovery Co. v. Maine Dep't of Env't Prot. (Me. Super. Ct 2017). “See 38 M.R.S. §§ 341-A(l), 480-D, 581, 1310-N; 06-096 C.”
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