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

Me. Rev. Stat. tit. 38, § 480-H (2026)

Rules; performance and use standards

✓ current as of May 2026
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In fulfilling its responsibilities to adopt rules pursuant to section 341‑D, the board, to the extent practicable, shall adopt performance and use standards for activities regulated by this article. These standards at a minimum must include:   [PL 1995, c. 347, §3 (AMD).]
1.  Department of Transportation projects.  By February 15, 1991, requirements for projects that are under the direction and supervision of the Department of Transportation that do not affect coastal wetlands or coastal sand dune systems and that involve only maintenance or repair of public transportation facilities or structures or transportation reconstruction or replacement projects.  
A. The Department of Transportation shall meet the following conditions for any project undertaken pursuant to this subsection after February 15, 1991.  
(1) All projects must be performed in a manner consistent with this article and in compliance with rules adopted by the board.  
(2) The project may not unreasonably harm the protected natural resources covered by this article.  
(3) The Department of Transportation and its contractors shall use erosion control measures to prevent sedimentation of any surface waters.  
(4) The project may not block any fish passage in any watercourse.  
(5) The project may not result in any excessive intrusion of the project into the protected natural resources.   [PL 1991, c. 66, Pt. A, §16 (RPR).]
B. Those activities that are exempt from permitting requirements under section 480‑Q are not subject to this subsection.   [PL 1991, c. 66, Pt. A, §16 (RPR).]
C. The Department of Transportation must notify the commissioner before construction activities begin if the provisions of this subsection are utilized.   [PL 1991, c. 66, Pt. A, §16 (RPR).]
[PL 1991, c. 66, Pt. A, §16 (RPR).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 814, §2 (AMD). PL 1989, c. 890, §§A40,B75 (AMD). PL 1991, c. 66, §A16 (RPR). PL 1995, c. 347, §3 (AMD).
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Notes of Decisions
Cited in 2 cases, 2000–2003 · leading case: Conservation Law Found., Inc. v. Dep't of Env't Prot., 2003 ME 62 (Me. 2003).
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Conservation Law Found., Inc. v. Dep't of Env't Prot., 2003 ME 62 (Me. 2003). “” The BEP considers Rule 13 to contain “performance and use standards” adopted pursuant to 38 M.R.S.A. § 480-H (2001). [¶ 44] The petitioners claim that the standards of Rule 13 are ineffective in meeting NRPA requirements.”
Conservation Law Found., Inc. v. State of Maine, Dep't of Envtl. Prot. (Me. Super. Ct 2000). · cites it 3× “” 38 M.R.S.A. § 480-H (1989). The “article” referred to in section 480-H is article 5-A of chapter 3, subchapter I of Title 38, that is, the NRPA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.