Permitting Storm Clean-up, Repair and Rebuilding Activities

Activities in, on, over or adjacent to protected natural resources—such as coastal sand dune systems, coastal wetlands, freshwater wetlands, lakes, rivers and streams—may require a DEP permit under the Natural Resources Protection Act (NRPA). Activities that may require a permit include but are not limited to: removing or displacing soil, sand, vegetation or other materials; adding fill; or constructing or altering any permanent structure (38 M.R.S. § 480-C).

Because storm clean-up, repair and rebuilding activities typically occur in or near protected natural resources, a NRPA permit may be required, depending on the activity. If you are conducting work in the water or within 75 feet of the high-water line—or farther from the water but in a coastal sand dune system—please continue reading to assess whether you may need a permit.

Debris removal

Removing trash, wood, brush or flotsam that has washed onto the beach or developed areas (lawns, roads, etc.) does not require a permit. Sand and rocks may also be removed from developed areas and placed back onto the beach, above the high-water line, without a permit.

If you are removing wood, brush or flotsam from the water—for example, removing wood deposited by a storm event into a river or stream—a permit by rule may be required under Chapter 305, Section 12.

Mineral materials (sand, silt, rocks, etc.) may not be removed from the water or the beach without a full NRPA permit.

Roads, bridges and culverts

When roads, bridges or culverts are damaged during storm events, they can typically be repaired or replaced in-kind without a NRPA permit, as long as erosion control measures are used during construction and the replacement crossing does not block fish passage. When replacing a crossing (e.g., culvert) that spans a river, stream, or brook, the following additional standards must be met:

  • The replacement crossing must be designed, installed and maintained to match the natural stream grade to avoid drops or perching; and 
  • As site conditions allow, crossing structures that are not open bottomed must be embedded in the stream bottom a minimum of one foot or at least 25% of the culvert or other structure's diameter, whichever is greater, except that a crossing structure does not have to be embedded more than 2 feet.

Repairing and replacing other structures

Repairing less than 50% of a structure does not require a NRPA permit, as long as the dimensions of the structure are not increased.

Replacing a structure (or repairing more than 50%) requires a NRPA permit by rule, either Chapter 305 Section 4 in/immediately adjacent to the water or Section 2 adjacent to the water. If the structure is being replaced in/immediately adjacent to the water, the dimensions of the replacement structure cannot exceed the dimensions of the previously existing structure, except that the structure may be increased in height to increase flood resilience, subject to certain limitations (see Section 4, subsections C(3), C(4) and C(5)).

Elevating a building foundation does not require a permit if the building is adjacent to the water, subject to the standards in 38 M.R.S. § 480-Q(34).

Shoreline stabilization

Legally existing shoreline stabilization structures (seawalls, riprap revetments, etc.) may be replaced in-kind through permit by rule, either Section 4 or Section 16 (the latter if the structure is located in a coastal sand dune system). Under Section 4, the structure may be increased in height up to one foot above the FEMA Base Flood Elevation when being replaced.

Newly proposed shoreline stabilization structures less than 125 feet long on the coast may be eligible for permit by rule under Section 8, as long as the structure is not in a coastal sand dune system and meets other eligibility criteria and standards. Longer shoreline stabilization structures, or those that do not meet permit by rule eligibility criteria and standards, require full NRPA permit.

NOTE: The DEP updated its shoreline stabilization rules in June 2025. An overview of the new rules may be found in this slide deck and this webinar recording.

Coastal sand dune systems

If you are conducting storm recovery activities on the coast, please check the Maine Geological Survey coastal sand dune system maps to see if you are located in a coastal sand dune system. If so, please see these Common Questions and General Guidelines for Repair or Rebuilding in the Coastal Sand Dune System.

Please also note the following recent updates in addition to the document linked above:

Applying for a NRPA permit

If your activity requires a NRPA permit, please apply through the Maine Enterprise Licensing Systems (MELS).

Federal and local permitting

Your activity may also require federal and local permitting. Check with the U.S. Army Corps of Engineers for federal permitting requirements and with your municipality for local permitting requirements.

Contact Us

Please contact the DEP if you have any questions about permitting.