01- 669 C.M.R. ch. 27, § 7

Current through 2024-51, December 18, 2024

Section 669-27-7 - Timber Harvesting and Timber Harvesting Related Activities Located in Areas of Special Flood Hazard

A. Areas identified by FEMA as areas of special flood hazard (Zones A, AE, A1-30 and VE) on Flood Insurance Rate Maps, Flood Hazard Boundary Maps, Flood Boundary and Floodway Maps or in Flood Insurance Studies in the unorganized areas of the state are hereby adopted by reference and declared to be part of this rule. In any case where the boundaries of a P-FP subdistrict on the official Land Use Planning Commission Map differs from the boundaries of the FEMA zones, the FEMA boundaries shall apply.

Title	Community/County ID# and/or Map Panel #	Effective Date
FIRM, FIS	Andrews Island, Maine, Knox County* 230967	02/23/2001
FIRM	Township of Argyle, ME, Penobscot County 230464A (See FIRM, FIS, Town of Greenbush, 230107, for Penobscot R. BFE*)	09/18/1985 09/04/1987
FIRM, FIS	Baring Plantation, Maine, Washington County* 230468	03/15/1982
FIRM	Town of Benedicta, ME, Aroostook County 230420A	09/18/1985
FIRM	Town of Bristol, Maine, Lincoln County, and Unincorporated Islands* 230215	01/04/2002
FIRM	Township of Brookton, ME, Washington County 230470A	11/01/1985
FIRM	Plantation of Carroll, ME, Penobscot County 230461A	08/19/1985
FIRM,	Cary Plantation, ME, Aroostook County 230441A	02/01/1985
FIRM	Township of Concord, ME, Somerset County 230466A	02/01/1985
FIRM	Township of Connor, ME, Aroostook County 230451A	01/17/1985
FIRM	Plantation of Cyr, ME, Aroostook County 230443A	08/19/1985
FIRM	Township of Dallas Plantation, Maine, Franklin County* 230455	02/23/2000
FIRM	Township of Edmunds, ME, Washington County 230471A	08/19/1985
FIRM	Township of Freeman, ME, Franklin County 230457A	09/18/1985
FIRM	Plantation of Garfield, ME, Aroostook County 230444A	08/19/1985
FIRM	Grand Lake Stream Plantation, ME, Washington County 230469A	08/05/1985
FIA	Flood Hazard Boundary Map, Town of Greenfield, ME, Penobscot County 230388	02/21/1975
FIRM	Town of Hamlin, ME, Aroostook County 230445A	08/05/1985
FIRM	Township of Kingman, ME, Penobscot County 230474A	01/17/1985
FIRM,	Township of Lambert Lake T01 R03 TS, ME, Washington County 230472A	01/17/1985
FIRM	Plantation of Macwahoc, ME, Aroostook County 230446A	09/18/1985
FIRM	Town of Madrid, ME, Franklin County 230350A	08/19/1985
FIRM/FIS	Oxford County, Maine, (All Jurisdictions) Milton Township 23017C, Panels 0832D, 0833D, 0834D, 0845D,0851D, 0852D, 0855D, 0856D, 0860D, 0865D	07/07/2009
FIRM	Plantation of Mt. Chase, ME, Penobscot County 230462A	09/18/1985
FIRM	Township of Orneville, ME, Piscataquis County 230465A	4/17/1987
FIRM	Plantation of Pleasant Ridge, ME, Somerset County 230367A	11/01/1985
FIRM	Plantation of Prentiss, ME, Penobscot County 230463A	08/19/1985
FIRM	Township of Rockwood Strip, ME, Somerset County 230467A	12/01/1987
FIRM	Plantation of St. John, ME, Aroostook County 230448A	09/27/1985
FIRM	Township of Silver Ridge, ME, Aroostook County 230452A	09/04/1985
FIRM	Township of T08-SD, ME, Hancock County (Fletcher's Landing) 230458A	10/01/1986
(See FIRM, FIS, Town of Ellsworth, 230066, for Graham L. BFE*)	11/04/1988
FIRM	Township of T17-R4 WELS, ME, Aroostook County
(Sinclair Twp.) 230453A	10/01/1986
FIRM	Township of T17 R5 WELS, ME, Aroostook County (Cross Lake Twp.) 230454A	05/19/1987
FIRM	Township of Trescott, Maine, Washington County* 230473 (See FIRM, FIS, Town of Lubec, 230139, for bay and cove BFE*)	02/08/1999 04/15/1992
FIRM FIS	Kennebec County, Maine, (All Jurisdictions) Unity Township 230602 Panels 23011C0064D, 23011C0202D, 23011C0204D, 23011C0210D	06/16/2011
FIRM	Plantation of Winterville, ME, Aroostook County 230450A	11/01/1985

Notes: BFE - Base Flood Elevation FIS - Flood Insurance Study FIA - Federal Insurance Administration FIRM - Flood Insurance Rate Map

* - Indicates BFE data is available

B. Land management roads, water crossings and gravel extraction from pits less than five acres in size located in P-FP subdistricts and FEMA zones A, AE, A1-30 and VE require a permit from the Bureau.

The Bureau must:

1. Review all permit applications to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent development standards will be met;

2. Determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1344;

3. Notify adjacent communities, the Department of Environmental Protection and the Maine Floodplain Management Program at the Department of Agriculture, Agriculture, Conservation and Forestry and Forestry prior to any alteration or relocation of a water course and submit copies of such notifications to the Federal Emergency Management Agency;

4. Maintain as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued and all data relevant thereto; and

5. Require an emergency action plan to remove any equipment or materials from the site before a potential flooding event.

C.Development in Flood Prone Areas. Development in flood prone areas, including areas of special flood hazard, must:

1. Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2. Use construction materials that are resistant to flood damage; and

3. Use construction methods and practices that will minimize flood damage.

D.Watercourse Carrying Capacity. All development associated with altered or relocated portions of a watercourse must be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.

E.Development in Floodways

1. In Zones A1-30 and AE adjacent to areas of flowing water, encroachments, including fill, construction, and other development shall not be permitted within a regulatory floodway which is designated on the township's, plantation's, or town's "Flood Insurance Rate Map" or "Flood Boundary and Floodway Map," unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

2. In Zones A1-30, AE, and A adjacent to areas of flowing water, for which no regulatory floodway is designated, encroachments, including fill, construction, and other development shall not be permitted in the floodway unless a technical evaluation certified by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing development and anticipated development:

a. Will not increase the surface elevation of the base flood more than one foot at any point within the township, plantation, or town; and,

b. Is consistent with the technical criteria contained in Chapter 5 entitled "Hydraulic Analyses," Flood Insurance Study - Guidelines and Specifications for Study Contractors, (FEMA 37/ January 1995, as amended).

3. In Zones A1-30, AE, and A adjacent to areas of flowing water for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other flowing water and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high water line to the upland limit of the floodplain.

F.Coastal Floodplains. The use of fill in Zone VE is prohibited. Human alteration of sand dunes within Zone VE is prohibited unless it can be demonstrated that such alterations will not increase potential flood damage.

G.Bridges. Any bridge or bridge improvement other than normal maintenance and repair must be designed such that:

1. When possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation; and

2. A registered professional engineer must certify that:

a. The structural design and methods of construction meet the elevation requirements set forth in Section 7(G)(1)and the floodway standards set forth in Section 7(C)and (E); and

b. The foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used must be those associated with the base flood.

01- 669 C.M.R. ch. 27, § 7