An Act Concerning Significant Wildlife Habitat and Wetlands of Special Significance
Maine Legislature, Session 122, LD 0261
Committee Amendment CA_A_H193 (House)
Amends: 38 MRSA §480-B

COMMITTEE AMENDMENT "A" to H.P. 200, L.D. 261, Bill, "An 
Act 
Concerning Significant Wildlife Habitat 
and 
Wetlands 
of 
Special Significance" 
Amend 
the bill by 
striking out 
all of 
section 
and 
inserting in its place the following: 
'Sec. 2. 38 MRSA §480-B, sub-§lO, as amended by PL 1999, c. 
401, Pt. BB, §17, is repealed and the following enacted in its 
place: 
10. 
Significant wildlife habitat. 
"Significant wildlife 
habitat" means: 
A. 
The following areas to the extent that they have been 
mapped by the Department of Inland Fisheries and Wildlife or 
are within any other protected natural resource: 
habitat. 
as 
defined 
by 
the 
Department 
of 
Inland 
Fisheries 
and 
Wildlife. for species appearing on the official state or 
federal list of endangered or threatened animal species: 
high and moderate value deer wintering areas and travel 
corridors as defined by the Department of Inland Fisheries 
and Wildlife; seabird nesting islands as defined by the 
Department of Inland Fisheries and Wildlife; and critical 
spawning and nursery areas for Atlantic salmon as defined by 
the Atlantic Salmon Commission; and 
B. 
Except for solely forest management activities. 
for 
which 
"significant wildlife habitat" is 
as 
defined 
and 
mapped in accordance with section 480-1 by the Department of 
Inland Fisheries and Wildlife. the following areas that are 
defined by the Department of Inland Fisheries and Wildlife 
and 
are 
in 
conformance 
with 
criteria 
adopted 
by 
the 
Page l-LR0583(2) 
COMMITTEE AMENDMENT 
f 
It: 
COMMITTEE AMENDMENT ~ 
" to H.P. 200, L.D. 261 
Department of Environmental Protection or are wi thin any 
other protected natural resource: 
(1) 
Significant vernal pool habitat: 
(2) 
High and moderate value waterfowl and wading bird 
habitat. including nesting and feeding areas: and 
(3) 
Shorebird nesting, feeding and staging areas.' 
Further amend the bill in section 3 in paragraph F in the 
last line (page 2, line 9 in L.D.) by striking out the following: 
"projectT..t" and inserting in its place the following: 'projectT..t 
~' 
Further amend the bill by striking out all of section 4 and 
inserting in its place the following: 
'Sec. 4. 38MRSA§480-Q,sub-§17,1[G is enacted to read: 
G. 
The activity does not occur in a significant wildlife 
habitat. ' 
Further amend the bill by inserting after section 4 the 
following: 
'Sec. S. 38 MRSA §480-BB is enacted to read: 
§480-BB. 
Significant wildlife habitat: major substantive rules 
The Department of Inland Fisheries and Wildlife shall adopt 
rules that define "significant vernal pool habitat." "high and 
moderate value waterfowl and wading bird habitat" and "shorebird 
nesting, 
feeding 
and 
staging 
areas" 
under 
section 
480-B, 
subsection 10, 
paragraph 
B. 
The Department of Environmental 
Protection shall adopt rules regarding the criteria used to 
determine whether an area is significant vernal pool habitat, 
high and moderate value waterfowl and wading bird habitat or 
shorebird nesting, feeding and staging areas under section 480-B. 
subsection 10. paragraph B. 
The rules, as applicable. must: 
1. 
Definition of butfer area. 
Include a definition of the 
buffer area to be regulated: 
2. 
Certain landowners not subject to regul.ation. 
Provide 
that a landowner proposing to cause an impact on the buffer area 
defined for a signifiCant vernal pool habitat is not subject to 
regulation pursuant to the rule if the significant vernal pool 
habitat is not on property owned or controlled by that landowner: 
COMMITTEE AMENDMENT 
fI 
~t 
COMMITTEE AMENDMENT ~" to H.P. 200, L.D. 261 
3. 
Department of Environmental Protection must provide 
written field determination. 
Require that the Department of 
Environmental Protection provide a written field determination 
upon the request of a landowner whose land may be affected by the 
definitions and criteria adopted in a rule; 
4. 
Department of Environmental Protection may not assess 
fine 
in 
certain 
cases. 
Provide 
that 
the 
Department 
of 
Environmental 
Protection 
may 
not 
assess 
a 
fine 
against 
a 
landowner 
who 
acted 
in 
accordance 
with 
a 
written 
field 
determination if the fine would be based solely on information in 
the written field determination; and 
5. 
Process for voluntakY identification. 
Include a process 
for a landowner to voluntarily identify the landowner's land as a 
significant vernal pool habitat and to provide the Department of 
Inland 
[isberies 
and 
Wildlife 
tbe 
autbority 
to 
map 
the 
signif~cant vernal pool babitat. 
Rules adopted pursuant to this section are major substantive 
rules as defined in Title 5, chapter 375. subchapter 2-A. 
Sec. 6. Rules. 
The major substantive rules adopted pursuant 
to the Maine Revised Statutes, Title 38, section 480-BB must be 
submitted to the Legislature by January 3, 2006 for review by the 
Joint Standing Committee on Natural Resources during the Second 
Regular Session of the l22nd Legislature. 
The Joint Standing 
Committee 
on Natural 
Resources 
is authorized to 
report 
out 
legislation 
to 
the 
Second 
Regular 
Session 
of 
the 
l22nd 
Legislature regarding significant wildlife habitat. ' 
SUMMARY 
This 
amendment 
removes 
the 
requirement that significant 
vernal pool habitat, high and moderate value waterfowl and wading 
bird habitat and shorebird nesting, feeding and staging areas be 
mapped 
through 
a 
formal 
rule-making 
process. 
Instead, 
the 
habitats 
must 
meet 
specific criteria 
adopted 
through 
major 
substantive rulemaking. 
For solely forest management activities, 
significant wildlife ·habitat 
must 
be 
mapped 
through 
formal 
rulemaking. 
The amendment also deletes from the bill certain 
proposed 
limitations 
to 
the 
existing 
exemption 
for 
minor 
alterations in freshwater wetlands. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revenue 
Approved: 04/07 lOS ~ac:. 
LD261 
LR0583(02) 
An Act Concerning Significant Wildlife Habitat and Wetlands of Special Significance 
Fiscal Note for Bill as Amended by Committee Amendment If 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
2006-07 
Projections 
2007-08 
Projections 
2008-09 
Other Special Revenue Funds 
$2,500 
$2,500 
$2,500 
$2,500 
Fiscal Detail and Notes 
The additional costs associated with a potential increase in wetland permit applications will be offset by the collection 
of required application fees. It is estimated that up to 10 to 20 additional permit applications could be received 
annually generating approximately $2500 in additional revenue annually to the Maine Environmental Protection Fund. 
LR0583(2) - Fiscal Note - Page I of 1