The Stream Alteration Act applies to freshwater aquatic areas. This act, 

 administered by Maine Department of Inland Fisheries and Wildlife (MDIFW) 

 protects (through issuance of permits upon approval by the Commissioner) all 

 streams, rivers, or brooks or the adjacent land against any dredge, fill or 

 construction activities. Any palustrine wetland adjacent to or contained 

 within a stream, river, or brook is protected under this act. Certain lakes 

 also are protected, as this law applies to tributaries, of which lakes are 

 often a part. A large number and acreage of palustrine wetlands and some 

 lakes are not regulated under this act. 



The Mandatory Shoreland Zoning Act, administered by the State Planning Office, 

 requires all organized towns to establish zoning controls on all navigable 

 ponds, lakes, rivers, and streams and ocean frontage (land 250 feet or 76 m 

 within the high water mark). Palustrine wetlands, steep slopes, and flood- 

 plains associated with these water bodies are classified as Resource 

 Protection Districts. Palustrine wetlands not associated with the above 

 types of water bodies may be zoned by individual towns as Resource Protection 

 Districts, but this is not a requirement of the law. Those towns that have 

 failed to comply with Mandatory Shoreland Zoning Act are under State zoning 

 jurisdiction. 



The Subdivision Law requires all municipal authorities in organized townships 

 to assure that a proposed development meets certain standards. For approval, 

 the proposed development must have (1) a sufficient supply of water, (2) an 

 adequate method of sewage disposal, (3) must not cause undue air and water 

 pollution, soil erosion, or unsafe highway conditions, and (4) must not 

 interfere with scenery. All requests for subdivision (three or more lots 

 created within a 5-year period) approval must be reviewed by the municipal 

 planning board. The Land Use Regulation Commission enforces the Subdivision 

 Law in unorganized townships. 



The Land Use Regulation Law promotes principles of sound land use planning in 

 unorganized areas. The Land Use Regulation Commission has planning and zoning 

 powers and development control over townships, plantations, and coastal 

 islands that are unorganized. The areas under its jurisdiction are divided 

 into protection, management, and development districts. Any activities within 

 "protection subdistricts" must be approved by the commission. Palustrine 

 wetlands may be zoned under four of these protection subdistricts (Unusual 

 Wetland, Fish and Wildlife, Shoreland, and Great Pond). Lacustrine and 

 riverine areas may be zoned under six of these subdistricts (Flood Prone, Fish 

 and Wildlife, Great Pond, Recreation, Shoreland, and Unusual Wetland). 



The Great Ponds Act, which applies to lacustrine systems, prohibits 

 construction without a permit of causeways, bridges, marinas, wharves, and 

 other permanent structures, and filling and dredging in or on land adjacent to 

 Great Ponds [natural lakes >10 acres (4ha), and artifical lakes >30 acres (12 

 ha) owned by two or more parties]. The Great Ponds Act may apply to a limited 

 number of open water palustrine habitats that have been classified by the 

 State as Great Ponds. The DEP is the State agency responsible for 

 administering the Great Ponds Act. Most applications are reviewed by DEP 

 staff with recommendations from other State departments (particularly MDIFW) 

 and, in unorganized townships, the Land Use Regulation Commission. 



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