April 18, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

In praise of `Permit By Rule’

People seeking to do small outdoor projects that will have minimal environmental impact are saving time and money by receiving quick approval under the Department of Environmental Protection’s “Permit By Rule” program.

The department established Permit By Rule in February 1989 for certain activities taking place adjacent to wetlands and waterbodies.

The idea was to save applicants from the lengthy process of filing a full permit application for projects that should not have a significant impact on protected resources if done properly.

The types of projects that qualify for this simplified process would be expanded under proposed amendments that will receive a public hearing on Wednesday, Dec. 12 in Augusta.

The Permit By Rule program reduces the permit process from months to weeks for those whose projects qualify. It also eases the DEP’s burden by removing a large block of projects from the full application process, but it sets stringent performance standards to protect the environment.

Permit By Rule generally covers small projects that take place in, or adjacent to, wetlands or waterbodies. It involves such projects as planting a lawn, building a dock or installing a driveway.

The DEP’s proposed expansion of Permit By Rule would increase the scope of the program to make the guidelines easier to understand and the process easier to use.

Added to the list of eligible projects would be the replacement of waste-disposal systems and the removal of underground oil-storage tanks.

The amendments include a 14-calender day waiting period, and if an applicant has not heard from the DEP within that two weeks, the permit is granted. The waiting period also allows the DEP time to notify people whose projects do not qualify.

The director of the DEP’s Natural Resources Division, Don Witherill, says that without the rules, there would have been a significant amount of non-compliance with DEP regulations. He said people “are willing to follow the rules if they just know what they are.”

Permit By Rule not only is admirable for promoting administrative efficiency but because it establishes performance standards that enable people to know in advance what is expected of them, and they can comply accordingly.

The Environmental and Economic Council of Maine, which encourages the state to examine the economic impact of the regulatory process, applauds the DEP for taking this action to save people time and money without placing the environment at risk.

The council, comprised of companies and individuals directly affected by environmental policy, supports the responsible use, without abuse, of Maine’s natural resources.

The council advocates quality environmental management and it supports policies and procedures that are balanced, reasonable, and predictable.

The council would like to see the concept of Permit By Rule expanded further so it applies to elements of larger construction projects.

For example, if a project were to include a road that, if constructed by itself would fall under Permit By Rule standards, then the council feels those standards should be applied when reviewing the road as part of the overall project.

That would enable the DEP staff to focus on other, more intricate elements of the project.

Chuck Cianchette is president of Cianbro Corp. and of the Environmental and Economic Council of Maine.


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