[¶ 1] Charles Woodman and Roger Woodman appeal, pro se, from the judgment entered in the Superior Court (Knox County, Mills, J.) finding them in violation of 38 M.R.S.A § 480-C (1989 & Supp.1996) and requiring thеm to perform certain remedial work on the site of the violation. The Wood-mans contend that the court exceeded thе bounds of its discretion when it relied on the testimony of an environmental expert engaged by the court because the expert did not visit the site of the violation, and further that the expert was biased in favor of the Department of Environmental Protection (DEP). We disagree and affirm the judgment.
[¶2] In the summer of 1990, without obtaining a permit pursuant to 38 M.R.S.A. § 480-C
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from the DEP, the Woodmans used heavy equipment to create a pond by constructing an earthen berm across a stream channel on Roger Woodman’s property in Appleton. After a hearing on the DEP land use citation and complaint against the Woodmans, the court, on April 28, 1994, found the Woodmans in violation of section 480-C and ordered them to restore the site to its condition prior to the construction of the dam. The Woodmans moved to alter or аmend the judgment on the basis of their being “finan-
[¶ 3] The Woodmans first contend that the court’s independеnt consultant, Robert Gerber, was not independent because he has previously done consulting work with the DEP and because he was аcquainted with the supervisor of the personnel with whom the Woodmans had been dealing. The Wood-mans, however, concede that they did not object to Gerber’s qualifications at or before the August 8, 1996, hearing.
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We need not deal with the issue of Gerber’s alleged bias bеcause the Woodmans failed to preserve this argument for appeal by raising the issue before the trial court.
See Marois v. Paper Converting Machine Co.,
[¶ 4] The Woodmans contend that the court’s decision to accept Gerber’s report and to order the removal of the dam and pond when Gerber had not conducted a site visit was “erroneous and unprеcedented.” Although the court originally ordered a site visit, by accepting Gerber’s report and recommendation without requiring the sitе visit, the court implicitly determined the site visit would not be necessary prior to final adjudication of this case. Pursuant to M.R. Civ. P. 54(b)(1), the court’s ordеr concerning the duties of the expert witness was “subject to revision at anytime before the entry of judgment adjudicating all the claims and all the rights and liabilities of the parties.”
See Monopoly, Inc. v. Aldrich,
[¶5] Moreover, absent a court order to visit the site of the Woodmans’ pond and dam, Gerber was under no obligation to visit the site prior to submitting his report, to the
[¶ 6] The record before us reflects that the trial court acted well within the bounds of its discretion in appointing an expеrt witness and in accepting the report and recommendations of that witness without requiring a site visit.
Judgment affirmed.
Notes
. 38 M.R.S.A. § 480-C provides in pertinent part:
1. Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to and operated in such a manner thаt material or soil may be washed into any of the following:
A. A coastal wetland, great pond, river, stream or brook or significant wildlife hаbitat contained within a freshwater wetland;
2. Activities requiring a permit. The following activities require a permit:
A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials.
. Gerber reported that because little information could be gained from a site visit, its аpproximate cost of $1200 was unwarranted.
. The Woodmans gain nothing by asserting that "[a]cting pro sc, the appellants did not know and were not advised by the Court that immediate objection was required.” It is well established that pro se litigants are held to the same standards as represented parties.
Dufort v. Bangs,
