06-096 C.M.R. ch. 355, § 10 - Standard conditions of permits

The following standard conditions apply to all permits granted under this chapter, unless otherwise specifically stated in the permit.

A. Shoreline recession. If the shoreline recedes such that a coastal wetland, as defined under 38 M.R.S.A. §480-B(2), extends to any part of the structure, including support posts, but excluding seawalls, for a period of six months or more, then the approved structure along with appurtenant facilities must be removed and the site must be restored to natural conditions within one year.

B. Removing debris. Any debris or other remains from damaged structures on the property must be removed from the coastal sand dune system.

C. Dune restoration. Within one year after completion of construction, the applicant shall restore any areas of dune vegetation and topography that are disturbed during construction on the lot and that exceed the size of the development area permitted by the department in accordance with Sections 5(B), 6(B)(5) and 9(A)(2). Dune vegetation includes, but is not limited to American beach grass, rugosa rose, bayberry, beach pea, beach heather and pitch pine.

D. Approval of variations from plans. The granting of this permit is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted by the applicant. Any variation from these plans, proposals and supported documents is subject to review and approval prior to implementation.

E. Compliance with all applicable laws. The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.

Note: Applicants should obtain and incorporate into their proposed project any standards or limitations contained in local floodplain ordinances.

F. Compliance with all permit terms and conditions. The applicant shall submit all reports and information requested by the department demonstrating that the applicant has complied or will comply with all terms and conditions of this permit. All preconstruction terms and conditions must be met before construction begins.

G. Time frame for approvals. If construction or operation of the activity is not begun within four years, this permit shall lapse and the applicant must reapply for a new permit. The applicant may not begin construction or operation of the activity until a new permit is granted. Reapplications for permits must state the reasons why the activity was not begun within four years from the granting of the initial permit and the reasons why the applicant will be able to begin the activity within four years from the granting of a new permit, if so granted. Reapplication for permits may include information submitted in the initial application by reference, but must include documentation of any changes on the site. If construction is begun within the four-year time frame, this approval is valid for seven years. If construction is not completed within the seven year time frame, the applicant must reapply for, and receive, approval prior to continuing construction.

H. Permit included in contract bids. A copy of this permit must be included in or attached to all contract bid specifications for the approved activity.

I. Permit shown to contractor. Work done by a contractor pursuant to this permit may not begin before the applicant has shown the contractor a copy of this permit.

Notes

06-096 C.M.R. ch. 355, § 10