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	COLLECT SUBMISSION DOCUMENTS, LOG INTO, APPLY, AND PAY IN MELS	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 MELS Hub
STEP 4	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.
• Electronic payment is preferred, however, if you must pay by check, then 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 MCGP is effective, unless an additional DEP permit is required.

Natural Resources Protection Act web page
Fee Schedule
Online & In-person Training

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How to File PBR Notification and MCGP NOIs through MELS

The Department now requires electronic submission of Natural Resource Protection Act (NRPA) and Stormwater permit-by-rule (PBR) notifications through the MELS Hub.