Maine Resources
Submerged Lands and Intertidal Lands Law
Ecoregional Assessment for the North Atlantic Coast
The Nature Conservancy's Maine Chapter
Maine Summary
The Ocean and Coast
Maine has over 3,478 miles of tidal coastline and 4,613 islands.
Conservation Leasing and Ownership
As of June 2007, The Nature Conservancy had not undertaken formal law, policy, or spatial data assessments related to private conservation of submerged lands and related resources in Maine. As such, we do not have a clear picture of what is legally possible, nor do we have a clear understanding of the ownership and leasing patterns across the coastal landscape and seascape. At this time, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.
Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in Maine. The information that follows provides context for and information regarding possible authorization needs.
Submerged Lands and Intertidal Lands
The state of Maine owns coastal submerged lands from mean low water to three nautical miles offshore — these lands are defined as publicly-owned submerged lands. It appears that publicly-owned submerged lands do not include most intertidal areas. However, in areas where intertidal lands are extensive, private ownership extends no further out than 1650 ft.
An easement or lease is needed from the Submerged Lands Program within Maine’s Bureau of Parks and Lands for any structure or project on state-owned submerged lands, including commercial and recreational docks. Easements incur a one-time registration fee, while leases entail yearly rent. The size and nature of a project will determine whether an easement or lease is granted. Projects may not have an adverse impact on public trust rights of fishing, fowling, navigation, access, or recreation.
The Department of Marine Resources is responsible for environmental impact reviews for projects that require leases of state-owned submerged or intertidal land.
Maine Bureau of Parks and Lands
Submerged Lands Program
22 State House Station
Augusta, Maine 04333-0022
Telephone: 207-287-3061
Fax: 207-287-8111
Department of Marine Resources
Wetlands and Permit Review Program
21 State House Station
Augusta, ME 04333-0021
Tel: 207-624-6550
Fax: 207-624-6024
Coastal Zone and Shoreline Development
Maine’s Coastal Zone includes all political jurisdictions with tidally influenced shoreline and extends to the limits of state waters, three nautical miles offshore. The Maine State Planning Office (SPO) administers the Maine Coastal Program, which functions as a network of state and local authorities and cooperates with private land trusts and economic development groups to “promote sustainable economic development, encourage environmental stewardship and education, conserve and manage marine fisheries, reduce coastal hazards, and improve public access.”
The Coastal Program website lists 19 different acts and laws regulating activities in the coastal zone. Federal consistency review is coordinated by the SPO, and licensing and permitting are performed by the Maine Department of Environmental Protection and other state agencies. Maine’s Natural Resource Protection Act regulates activities in protected natural resource areas, including coastal wetlands and sand dune systems. A unique element of Maine’s coastal zone management is the Mandatory Shoreland Zoning Law, which requires all coastal municipalities to establish zoning maps and ordinances conforming to statewide minimum standards regulating on-shore activities within 250 ft of tidal waters and coastal wetlands. Enforcement is handled by municipal code enforcement officers.
Maine State Planning Office
Maine Coastal Program
38 State House Station
184 State St.
Augusta, ME 04333
Tel: 207-287-3261
Fax: 207-287-6489
Email: contact@mainecoastalprogram.org
Maine Department of Environmental Protection
17 State House Station
Augusta, Maine 04333-0017
Tel: 207-287-7688
Email: web page
Water Quality
The Bureau of Land and Water in the Department of Environmental Protection manages water quality. Activities include monitoring and assessment, establishment of water quality standards, permitting waste treatment facilities and discharges, and watershed planning and management, including nonpoint source pollution. Conservation projects that may have direct or indirect effects on water quality should contact the Bureau of Land and Water.
Maine Department of Environmental Protection
Estuaries and Coastal Waters - Bureau of Land and Water
17 State House Station
Augusta, Maine 04333-0017
Tel: 207-287-7688 or 800-452-1942
Email: web page
Fish and Wildlife
The Department of Marine Resources manages marine fisheries and protects marine habitats. The DMR reviews municipal comprehensive plans and permits affecting coastal wetlands, pollution discharges, dredge and dredge material disposal. CMR gives particular attention to the value of soft-bottom, hard-bottom, and salt marsh habitats during their permit reviews.
Department of Marine Resources
21 State House Station
Augusta, ME 04333-0021
Tel: 207-624-6550
Fax: 207-624-6024
Aquaculture
The Department of Marine Resources issues several types of leases and one license for marine aquaculture of finfish, shellfish, and seaweed. Limited-purpose (experimental) leases allow for the cultivation of up to 2 acres for up to 3 years for commercial testing or scientific research. Standard leases may cover up to 100 acres and last up to 10 years. Leases are transferable and individuals may have multiple leases, provided all leases total no more than 300 non-fallowed acres. Limited-purpose aquaculture licenses give one-year permission to raise one of five shellfish species using specified gear-types in an area no more than 400 square feet. Emergency leases allow an aquaculturist to move stock quickly if its health is endangered. Compatible uses are still allowed in lease areas.
The lease process allows for public comment and those directly affected by a project may apply for intervener status. Information on pending lease applications, past lease decisions, and current leases is available through links from the aquaculture web page.
Department of Marine Resources
Marine Aquaculture Program
21 State House Station
Augusta, ME 04333-0021
Tel: 207-633-9531
Beaches
Sand and gravel beaches comprise only 70 miles, or about 2%, of Maine’s coastline. Beaches above low tide are generally privately owned unless they lie within state parks or other public land holdings. Below low tide they are part of state-owned submerged lands.
Coastal Sand Dune Rules form chapter 355 of the Maine Natural Resources Protection Act. These rules prohibit new structures in frontal dunes, and limit reconstruction of existing structures in event of storm or erosion damage. These restrictions have been under discussion recently as beach communities in Wells and Saco face their consequences, and the rules were provisionally revised in 2004 and 2006.
The Mandatory Shoreland Zoning Act also applies to beach areas and in most cases requires building setbacks of at least 75 ft from beach and dune areas.
Maine has limited experience with beach nourishment programs. Most beach fill has been done as disposal of dredge material from U.S. Army Corps of Engineers projects. Recent efforts have encouraged regional planning for coordinated action among towns in shared sand systems. State permitting for beach fill has been done under the “permit by rule” provisions of the Natural Resource Protection Act.1
Maine Department of Environmental Protection
Maine Beaches - Bureau of Land and Water Quality
17 State House Station
Augusta, Maine 04333-0017
Tel: 207-287-7688 or 800-452-1942
Email: web page