Contractor Certification for Excavation in Shoreland Areas
All contractors doing excavation in shoreland areas must be
certified in erosion and sediment control by January 2013.
Knox-Lincoln Soil & Water Conservation District is the Knox and Lincoln counties regional site evaluator for the Maine Department of Environmental Protection (DEP) Contractor Certification Program.
To schedule a site evaluation in Knox or Lincoln counties, please contact Rebecca Jacobs, (207) 273 2005 x101 or rebecca@knox-lincoln.org.
Active construction site in shoreland area 
Silt fence controls erosion during construction
More information about the Maine DEP Contractor Certification Program
In 2008, the 123rd Maine Legislature passed LD 2249 which, among other provisions, requires that
all excavation work in excess of one cubic yard done in shoreland areas, must be supervised by an individual certified in erosion control practices by the Department of Environmental Protection.
The law further states that
the certified contractor must be responsible for management of erosion and sediment control practices at the site and must be present at the site each day earthmoving activity occurs to ensure that proper erosion and sedimentation control practices are followed.
What is the Shoreland Area and how can it be determined that a project is located there?
- Under the state’s Shoreland Zoning Statutes, the shoreland zone is generally defined as all areas located within 250 feet of rivers, lakes, ponds, some non-forested wetlands, coastal waters, and within seventy-five feet of some streams.
- However, each municipality adopts their own mapped shoreland zone area.
- To determine if a project is located in the shoreland zone and subject to law requirements, it is best to consult with the municipality where a project is located.
When do these requirements go into effect?
In order to provide sufficient time for all construction companies to comply with provisions of the law, the effective date of the certification requirement is January 1, 2013.
How do you comply?
Compliance with law requirements can be accomplished in two ways:
- Company personnel involved in supervising work in shoreland areas may become certified through the DEP’s contractor certification program.
- As an alternative, a company may choose to contract with a certified individual to supervise the company’s work in shoreland areas.
How do you become certified?
Certification is accomplished by
- attending a day-long training program in Erosion Control Practices sponsored by the DEP’s Nonpoint Source Training and Resource Center, and
- completing a construction site evaluation. If the candidate satisfactorily meets the standards of this evaluation, he or she becomes certified for a three-year period. Recertification requires that the contractor attend at least one four-hour continuing education course related to erosion control and that he or she not be involved in an enforcement action with the DEP on an erosion related violation.
- Companies may also become certified. A company certified in erosion control practices is one that, at a minimum, has all of its construction site supervisors individually trained and certified in erosion control practices.
Courses are generally held from December through April each year at locations throughout the state. A list of courses can be found online at the DEP Nonpoint Source Training and Resource Center or by calling the Center at 287-7726.
Benefits to becoming certified:
- Certification will entitle the holder to forego the 14-day waiting period for Stream Crossing Projects under the Department's Permit-by-Rule program.
- It will also allow the holder to certify erosion control plans under the MPDES Construction Activity General Permit.
- Certification enables a contractor to advertise as a “DEP Certified Contractor.” DEP posts a list of certified contractors on the DEP web site. This list is available for distribution to the general public, state agencies, and other interested persons.
- All certified individuals can also obtain any publication from the Nonpoint Source Training and Resource Center Library at no charge and are eligible for discounts from four suppliers of erosion control products.
Certification Revocation
Under certain circumstances, certification can be revoked. Revocation is likely if a formal enforcement action is taken against a certified contractor whose failure to employ satisfactory erosion and sediment control practices results in sedimentation of waterbodies or wetlands.
NOTE: Certification would not be revoked as a result of sedimentation resulting from unusual storm events, flooding or other conditions beyond the control of the contractor.