The rules are complicated. Here are steps you can take to make things easier:

1. Identify your property type and the hazards you face.
2. Speak early and often to town officials and state agency staff.
3. Weigh the risks, with help from a certified geologist, licensed engineer, or other expert.
4. Consider your options for taking action.
5. Determine setbacks and other permit requirements.

Maine Natural Resources Protection Act (NRPA)
      Permit-by-Rule (NRPA)
      Coastal Sand Dune Rules (NRPA)
      Wetland Protection Rules (NRPA)
Erosion and Sediment Control Law
Shoreland Zoning
Federal Clean Water Act and Rivers and Harbors Act
Water Quality Certification

Maine Natural Resources Protection Act (NRPA)
This includes Permit-by-Rule (permitting for de minimus or routine activities), and full Individual Permits for certain activities in sand dunes or coastal wetlands. Activities within 75 feet of the Highest Annual Tide will require an NRPA permit. Activities within 25 feet of the Highest Annual Tide cannot be permitted with a Permit-by-Rule. Any coastal rip-rap stabilization will require a full permit. 
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Permit-by-Rule (NRPA Chapter 305)
Some activities within the coastal sand dune system can be undertaken with a Chapter 305, Permit-by-Rule. A Permit-by-Rule activity will not significantly affect the environment if carried out in accordance with Chapter 305 standards, and generally has less of an impact on the environment than an activity requiring an individual permit. Specific attention should be paid to Section 16, Activities in Coastal Sand Dunes. 
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Coastal Sand Dune Rules (NRPA Chapter 355)
Chapter 355 of the Natural Resources Protection Act includes the Coastal Sand Dune Rules, which govern activities within the state’s mapped Coastal Sand Dune System. The Coastal Sand Dune Rules, administered by Maine DEP, have specific guidelines for certain activities, whether the activities require a permit or fall under Permit-by-Rule.

The boundaries of the Coastal Sand Dune System are portrayed on the Maine Geological Survey Coastal Sand Dune Geology Maps.  Note that these maps have been updated in digital format and are available upon request to the Maine DEP. The maps include the boundaries of the frontal dune and back dune systems, in addition to a defined Erosion Hazard Area, which is the predicted shoreline location in 100 years, combining the impacts of sea-level rise, short-term erosion, and long-term erosion. Refer to the Coastal Sand Dune Rules for specific text supporting the definition. 
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Maine Wetland Protection Rules (NRPA Chapter 310)
Natural Resources Protection Act Chapter 310 regulates activities that occur in coastal wetlands, which may exist in the coastal sand dune system, or vice versa. No permit is required if activities in coastal wetlands impact less than 500 square feet of intertidal or subtidal area, and have no adverse effect on marine resources or on wildlife habitat as determined by Maine Department of Marine Resources or Maine Department of Inland Fisheries & Wildlife (Chapter 310, C., 6., (b)).

Activities that extend into defined coastal wetlands – based on the highest tide level for each year - will likely require a permit from Maine DEP. To support these regulations, Maine Geological Survey provides Maine DEP with a listing of the highest annual tide (HAT) elevations for many portions of the Maine coastline, based on tide gauge data. 
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Erosion and Sediment Control Law
The Erosion and Sediment Control Law erosion control requires that anyone who conducts an activity involving filling, displacing, or exposing earthen materials take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource. 
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Shoreland Zoning Ordinance
By law, Maine communities adjacent to the ocean, lakes, rivers, and some streams and wetlands, are subject to regulation under the Mandatory Shoreland Zoning Act. Before beginning any project, contact your local municipality to find out if your property is located within the shoreland zone, and if so, what is the "district designation." You can also obtain a copy of the shoreland zoning ordinance to see which standards and permitting requirements apply to your project.

The shoreland zone is all land areas within 250 horizontal feet of the

• normal high-water line of any great pond or river;
• upland edge of a coastal wetland, including all areas affected by tidal action;
• upland edge of a freshwater wetland, as defined in ordinance; and
• all land areas within 75 horizontal feet of the normal high-water line of a stream (as defined in ordinance).

The shoreland zone does not represent the setback for structures. Setbacks are based on district designations and adjacent resources. Also note that vegetation removal within the Shoreland Zone is limited and may require a permit.

The Maine DEP has released a Citizen’s Guide to Shoreland Zoning which helps explain zoning districts and regulations.

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Federal Clean Waters Act and Rivers and Harbors Act
Sections of the federal Clean Water Act and Rivers and Harbors Act govern activities within coastal wetlands (and therefore waters associated with beaches) and tidal creeks and adjacent rivers. Permits are administered by both the US Army Corps of Engineers and the US Environmental Protection Agency. Federal permitting includes comments provided by the US Fish and Wildlife Service and National Marine Fisheries Service. Text supporting both of these Acts can be seen at the Wetlands Regulation Center.

Section 10 of the Rivers and Harbors Act requires an Army Corps permit for any work in navigable (tidal) waters below the mean high water line. Section 404 of the Clean Water Act requires an Army Corps permit for the discharge of dredged or fill material into US waters.  

The US EPA maintains good information describing the overall laws and applicable regulations that pertain to federal permitting of activities within waters of the United States. 
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Water Quality Certification
An applicant for a federal license or permit to conduct an activity that may result in a discharge to a navigable water of the United States must supply the federal licensing authority with a water quality certification from the State of Maine that any such discharge will comply with state water quality standards. The federal license or permit may not be issued until water quality certification has been issued or waived. 
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