Maine DEP Issues New Maine Construction General Permit
On January 14, 2025, the Maine Department of Environmental Protection (“DEP”) issued a new Maine Construction General Permit (“MCGP”). The new permit replaces the prior 2006 MCGP, which expired and had been administratively continued for approximately 15 years. The permit is now in effect and will expire on January 13, 2030.
Applicability
The 2025 MCGP authorizes the direct discharge of stormwater associated with construction activities that include more than 1 acre of disturbed area (area that has been stripped, graded, grubbed, filled, or excavated). The new permit applies to all construction activities that meet this requirement. This includes new construction projects that have not previously been permitted and ongoing construction activities that received authorization under a prior MCGP unless the project submitted a notice of termination.
Critical Changes in the 2025 MCGP
The 2025 MCGP has three notable changes:
Party Seeking Coverage: The 2025 MCGP no longer authorizes developers to directly submit a notice of intent (“NOI”) for coverage. Under the new permit, the operator of a project must submit the NOI and assume responsibility for the standards and requirements in the permit. An “operator” means “any party that has day-to-day operational control of the activities at the project that are necessary to ensure compliance with the permit conditions.” This requirement will ensure that the party with day-to-day responsibility for site stability and site conditions, typically the contractor, is the party required to submit the NOI and ensure compliance with its terms and conditions.
Stormwater Pollution Prevention Plan: The 2025 MCGP has eliminated the erosion and sedimentation control plan requirement and replaced it with submission of a stormwater pollution prevention plan (“SWPPP”). The SWPPP obligation requires submission of a site plan showing the proposed development; nearby natural resources; erosion and sedimentation controls; inspection and maintenance measures, including logs, tasks, and responsible parties; and housekeeping standards. Certain additional SWPPP obligations are required for “Large Construction Projects.”
- New Obligations for Large Construction Projects: The 2025 MCGP creates new permitting obligations for “Large Construction Projects,” which are activities that result in 5 or more acres of disturbed area. “Large Construction Projects” are further separated into “Levels” according to the total disturbed area (5-19 acres, 20-99 acres, and 100 acres or more). Requirements for each “Level” are enumerated in Appendix D of the 2025 MCGP and include specific erosion control measures, evaluation of erosion risk, and personnel and reporting requirements. Of particular note is the new requirement for all Large Construction Projects that the contractor be certified by the DEP in erosion and sedimentation control practices. All projects must also have a resident inspector (also certified in erosion control practices by the DEP) to carry out the inspection, maintenance, and corrective action requirements in Appendix B.
Impact on Projects with an Existing MCGP
For ongoing construction projects that were permitted under the prior MCGP and disturb less than 5 acres, the project must submit a new NOI by March 14, 2025. The new NOI can reference information in prior NOI submissions to the extent the information is still accurate.
For ongoing construction projects that disturb 5 acres or more, the project must submit a new NOI by April 14, 2025. Again, it is permissible for the new NOI to reference information submitted in prior NOIs as long as the information remains current. Notably, for previously permitted, ongoing construction projects that disturb 5 acres or more, the project does not need to comply with the new requirements set forth in Appendix D of the 2025 MCGP.
For more information regarding the 2025 MCGP please contact or Juliet Browne or Maye Emlein.
