An Act To Increase Wetland Protection
Maine Legislature, Session 122, LD 1160
Committee: Natural Resources
Sponsors: KOFFMAN, DAMON, DAVIS, EBERLE, PERCY, SAMPSON, THOMPSON, WATSON, COWGER
Amends: 38 MRSA §480-X

Legislative Document 
No.U60 
H.P.803 
House of Representatives, March 8, 2005 
An Act To Increase Wetland Protection 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator DAMON of Hancock and 
77l~ 
1/1. 71/P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DAVIS of Falmouth, EBERLE of South Portland, PERCY of Phippsburg, 
PlOTT I of Unity, SAMPSON of Auburn, THOMPSON of China, WATSON of Bath, Senator: 
COWGER of Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-X. sub-§2. as amended by PL 2003, c. 554, 
§1, is further amended to read: 
2. 
Three-tiered review process; tiers defined. 
Except as 
provided 
in 
subsection 
1, 
an 
application 
for 
a 
permit 
to 
undertake 
activities 
altering 
freshwater 
wetlands 
must 
be 
reviewed in accordance with the following. 
A. 
A Tier 1 review process applies to any activity that 
involves a freshwater wetland alteration up to 15,000 square 
feet 
and 
does 
not 
involve 
the alteration of 
freshwater 
wetlands listed in subsection 4. 
B. 
A Tier 2 review process applies to any activity that 
involves a freshwater wetland alteration of 15,000 square 
feet up to one acre and does not involve the alteration of 
freshwater wetlands listed in subsection 4 or 5. 
c. 
A Tier 3 review process applies to any activity that 
involves a freshwater wetland alteration of one acre or more 
or 
an 
alteration 
of 
a 
freshwater 
wetland 
listed 
in 
subsection 4 or 5. 
If the project as a whole requires Tier 2 or Tier 3 review, then 
any activity that is part of the overall project and involves a 
regulated freshwater wetland alteration also requires the same 
higher 
level 
of 
review, 
unless 
otherwise 
authorized 
by 
the 
department. 
In determining the amount of freshwater wetland to be altered, 
all 
components 
of 
a 
project, 
including 
all 
phases 
of 
a 
multiphased project, 
are treated together as constituting one 
single and complete project. 
Activity authorized or legally 
conducted prior to the effective date of this section is not 
included. 
~Re-~~~-e~--&&G~~a-~-ea-~-ap~Y--~-~~~~~-~Ra~ 
~Ha~~~y-~~--~ieF-~--~¥~Wr-e~€e~-~~-wa~e£-~~it~-s~aBea~es 
HBee~--see~iaR--489-gT--sHBsee~iaR--9--app~y--~a--~Rase--p~a~ee~sT 
Projects that meet the eligibility requirements for Tier 1 review 
and 
that 
satisfy 
the 
permitting 
requirements 
set 
forth 
in 
sHBsee~iaR subsections 3 and 6, as applicable, are presumed not 
to have significant environmental impact. 
Sec. 2. 38 MRSA §480-X. sub-§3, "C and D, as enacted by PL 
2003, c. 554, §1, are amended to read: 
Page l-LRI052(1) 
C. 
An applicant for Tier 1 review shall meet the following 
requirements. 
(1) 
Erosion control measures must be used to prevent 
sedimentation 
of 
protected 
natural 
resources. 
A 
25-foot buffer strip must be maintained between the 
activity and any river, stream or brook. 
t6t---~-~~~~~-m~6~--~Fly-~it~-~~£~~-waseF 
~~a±isy-~~aRea£e~-~~-~~~~-4S@-~r-6~b6eesieB 
aT 
D. 
An applicant for Tier L 
Tier 2 or Tier 3 review shall 
comply with the standards contained in section 480-D. 
In 
evaluating a Tier 
I 
application for compliance with the 
standards contained in section 480-D, the department shall 
take into consideration impacts to the freshwater wetland 
from other regulated activities that occurred during the 
prior year. 
Sec. 3. 38 MRSA §480-X, sub-§6, 1[8, as amended by PL 1999, c. 
243, §13, is further amended to read: 
B. 
Work may not occur until ~g 60 days after the department 
receives 
a complete application, unless written approval is 
issued 
sooner 
by 
the 
department. 
The 
department 
shall 
notify the applicant in writing no later than 30 days after 
the 
department 
receives 
a 
complete 
application 
if 
the 
applicable requirements of this section have not been met or 
if the review period may be extended pursuant to section 
344-B, subsection 4. 
If the department has not notified the 
applicant within the 6g-aay 60-day review period, a permit 
is deemed to be granted. 
Sec. 4. Freshwater wetlands compensation proposal; report. 
The 
Department 
of 
Environmental 
Protection 
shall 
work 
with 
the 
Executive Department, State Planning Office and other interested 
parties 
to 
develop 
a 
proposal 
for 
a 
freshwater 
wetland 
compensation program for freshwater wetlands that require a Tier 
review process, to review the wetlands exemptions contained in 
the Maine Revised Statutes, Title 38, chapter 3, subchapter L 
'12 
Article 
5-A 
and 
to 
recommend 
changes 
to 
ensure 
adequate 
protection 
of 
regulated 
wetlands. 
The 
Department 
of 
Environmental 
Protection shall 
report 
to 
the 
Joint 
Standing 
Committee 
on 
Natural 
Resources 
on 
its 
proposal 
and 
recommendations 
by 
January 
1, 
2006 
and 
submit 
proposed 
legislation to implement the recommendations. 
The Joint Standing 
Committee 
on 
Natural 
Resources 
is authorized 
to 
report 
out 
legislation regarding 
the 
department's 
report 
to 
the 
Second 
Regular Session of the 122nd Legislature. 
SUMMARY 
This bill applies all standards of the natural resources 
protection laws to Tier I wetlands. 
It requires the Department 
of 
Environmental 
Protection, 
in 
Tier 
wetland 
review, 
to 
consider impacts to the wetland from other regulated activities 
that occurred during the prior year. 
It extends the time the 
department has to review Tier 1 applications from 30 days to 60 
days. 
It directs the Department of Environmental Protection to 
work with the Executive Department, State Planning Office and 
other 
interested 
parties 
to 
develop 
a 
Tier 
wetlands 
compensation program, 
to 
review and 
recommend 
changes to the 
wetlands exemptions and to report to the Joint Standing Committee 
on Natural Resources by January 1, 2006.