LD 1837
pg. 2
Page 1 of 4 PUBLIC Law Chapter 554 Page 3 of 4
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LR 2732
Item 1

 
In determining the amount of freshwater wetland to be altered, all
components of a project, including all phases of a multiphased
project, are treated together as constituting one single and
complete project. Activity authorized or legally conducted prior
to the effective date of this section is not included.

 
The standards of section 480-D do not apply to projects that
qualify for Tier 1 or Tier 2 review, except that water quality
standards under section 480-D, subsection 5 apply to those
projects. Projects that meet the eligibility requirements for
Tier 1 or Tier 2 review and that satisfy the permitting
requirements set forth in subsection 3, and 6 or 7, as
applicable, are presumed not to have significant environmental
impact.

 
3. General requirements. A person undertaking an activity
for which a permit is processed pursuant to this section must
shall satisfy the requirements of this subsection.

 
A. An applicant for Tier 1 or, Tier 2 or Tier 3 review must
shall meet the following requirements.

 
(1) Alteration of freshwater wetland areas on the
property must be avoided to the extent feasible
considering cost, existing technology and logistics
based on the overall purpose of the project.

 
(2) The area of the freshwater wetland to be altered
must be limited to the minimum amount necessary to
complete the project.

 
(3) Erosion control measures must be used to prevent
sedimentation of protected natural resources. A 25-
foot buffer strip must be maintained between the
activity and any river, stream or brook.

 
(4) The activity must comply with applicable water
quality standards pursuant to section 480-D, subsection
5.

 
B. An applicant for Tier 1, Tier 2 or Tier 3 review for
projects that would alter wetland hydrology and could also
alter stream flows or other adjacent surface waters, must
comply with the water quality classification standards
contained in section 465.

 
C.__An applicant for Tier 1 review shall meet the following
requirements.


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