Permit By Rule (NRPA)

Permit-by-Rule regulations (Chapter 305) apply to certain activities covered under the Natural Resources Protection Act (NRPA). The regulations identify activities taking place in or adjacent to wetlands and waterbodies that should not significantly affect the environment if carried out according to the standards contained in the regulations. A person proposing to do work that qualifies for Permit-by-Rule is required to file notice with the Department of Environmental Protection (DEP) instead of preparing an individual permit application. Please note the new public notice requirements for Permit by Rule. Notice must be mailed to abutters, all persons owning land within 1,000 feet of the proposed project, and the municipal office.

Activities eligible for Permit-by-Rule

The following activities may be eligible for Permit By Rule. Projects must meet applicability, submission, and standards specific to each section.

 

Determine which section(s) may apply to your project:

• Permit By Rule Section Guide (determining which section(s) to use)

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How to Submit a PBR Notification to DEP

STEP 1	DETERMINE APPLICABLE PERMIT-BY-RULE SECTION(S)	Permit-by-Rule regulations (Chapter 305) apply to certain activities covered under the Natural Resources Protection Act (NRPA). Find the section for your type of proposed activity in the Chapter 305 standards above.
STEP 2	REVIEW CHAPTER 305 SECTION STANDARDS	For each section selected, read Applicability that describes in further detail which activities are included and where they are allowed. Read and comply with all the standards contained in the section.
STEP 3	FILL OUT PBR NOTIFICATION FORM, COLLECT SUBMISSION DOCUMENTS, AND FILE PUBLIC NOTICE	Permit By Rule Notification Form Public Notice Filing and Certification Form Notice of Intent to File - NRPA PBR Dept. of Marine Resources Timing Form Inland Fisheries & Wildlife Timing Form Maine Geological Survey dune restoration/beach nourishment review form Other NRPA Forms
STEP 4	PAY PBR FEE ONLINE DEP fee schedule	• The required fee is contained in the Department’s fee schedule. • Payment of the application fee is accepted by credit card through the Department’s payment portal. • Pay the fee prior to filing and include confirmation of credit card payment with email submission of your PBR.
STEP 5	SUBMIT PBR, ATTACHMENTS AND PROOF OF PAYMENT VIA EMAIL*	The Department is requires the submission of Natural Resource Protection Act (NRPA) and Stormwater Permit-by-Rule (PBR) notifications by email to: DEP.PBRNotification@maine.gov *See Additional Email Submission Details below
STEP 6	THE PBR IS EFFECTIVE AFTER 14 DAYS UNLESS OTHERWISE NOTIFIED BY THE DEPARTMENT	The PBR becomes effective 14 days from the date the Department receives the full submission (email notification and fee), unless the Department approves or denies the PBR prior to that date

NOTE: The PBR and coverage under the MCGP become effective 14 days from the date the Department receives the full submission (email notification and fee), unless otherwise notified by the Department.

• Submissions after 5:00 pm or on a weekend/holiday will deemed received the next business day.
• You may assume the Department received a check sent by mail three days after the date it was mailed.
• Work may begin work once the PBR or coverage under the MDGP is effective, unless an additional DEP permit is required.

Frequently Asked Questions (PBR Issue Profile)
Natural Resources Protection Act web page
Fee Schedule
DEP Payment Portal
Online & In-person Training

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Submission of PBR Fee

Payment Option. You may pay by credit card or check. See the fee schedule.

• Credit Card. Maine DEP can accept online credit card payments through a Credit Card Payment Portal. Please note: The portal can only accept credit card payments of $1,000 or less; however, there is no limit on payments by electronic check. Also, the servicer of the portal charges a $2 transaction fee. See the Payment Portal for more details. The required fee is contained in the Department’s fee schedule. Pay the fee prior to filing and include confirmation of credit card payment with email submission of your PBR or NOI. If you are unable to pay by credit card, please contact the Department at DEP.PBRNotification@maine.gov to arrange an alternative form of payment.

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How to File PBR Notification and MCGP NOIs by Email

The Department is now requiring the submission of Natural Resource Protection Act (NRPA) and Stormwater permit-by-rule (PBR) notifications by email. The Department also requires email submission of Maine Construction General Permit (MCGP) Notice of Intent (NOI) forms.

These instructions are for filing PBR notifications and MCGP NOIs electronically. Separate instructions are available for email submission of individual permit applications.

Email format for submissions

• Email address. Submit NRPA, Stormwater, or MCGP notification form and additional required materials to DEP.PBRNotification@maine.gov.
• There is a 20MB size limit for attachments. If your complete submission package exceeds this size, break your application into multiple emails and be sure to identify the multiple parts in the email subject line as specified below.
• For a project requiring an individual permit, in addition to a PBR or MCGP, the individual permit application should be submitted separately. Be sure to check the box on the PBR or MCGP form indicating the covered activity is part of a larger project.
• For a project involving both a PBR and MCGP NOI, please submit each by separate email in accordance with these instructions.

• Email subject line. Use the following format in the subject line of the email:
• [DEP office serving your area] – [Municipality where project is located] – [Applicant Name] – [NRPA PBR/Stormwater PBR/MCGP NOI] – [part 1 of X (if multiple emails will be sent for a single PBR)]
• For example: Portland – Saco – Smith, John – NRPA PBR – part 1 of 2