An Act Concerning the Natural Resources Protection Laws and Related Provisions
Maine Legislature, Session 123, LD 1477
Committee: Natural Resources
Sponsors: KOFFMAN, MARTIN, ANNIS, BABBIDGE, DUCHESNE, EBERLE, WATSON, BROMLEY, SCHNEIDER
Amends: 38 MRSA §480-A, 38 MRSA §480-B, 38 MRSA §480-I, 38 MRSA §480-Q, 38 MRSA §480-V, 38 MRSA §480-C, 38 MRSA §480-D, 38 MRSA §490-D

Legislative Document 
No. 1477 
H.P.1039 
House of Representatives, March 19,2007 
An Act Concerning the Natural Resources Protection Laws and 
Related Provisions 
(EMERGENCY) 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator MARTIN of Aroostook and 
17/~ 
/J1.1l/tu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, BABBIDGE of Kennebunk, DUCHESNE of 
Hudson, EBERLE of South Portland, WATSON of Bath, Senators: BROMLEY of 
Cumberland, SCHNEIDER of Penobscot. 
Printed on Tt'cyded paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, adjustments need to be made to the protection of natural resources laws 
prior to the next construction season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 38 MRSA §480-A, as enacted by PL 1987, c. 809, §2, is amended to read: 
§480-A. Findings; purpose; short title 
The Legislature finds and declares that the State's rivers and streams, great ponds, 
fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands 
and coastal sand dunes systems are resources of state significance. These resources have 
great scenic beauty and unique characteristics, unsurpassed recreational, cultural, 
historical and environmental value of present and future benefit to the citizens of the State 
and that uses are causing the rapid degradation and, in some cases, the destruction of 
these critical resources, producing significant adverse economic and environmental 
impacts and threatening the health, safety and general welfare of the citizens of the State. 
The Legislature further finds and declares that there is a need to facilitate research, 
develop management programs and establish sound environmental standards that will 
prevent the degradation of and encourage the enhancement of these resources. It is the 
intention of the Legislature that existing programs related to Maine's rivers and streams, 
great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, 
coastal wetlands and sand dunes systems continue and that the Department of 
Environmental Protection provide coordination and vigorous leadership to develop 
programs to achieve the purposes of this article. The well-being of the citizens of this 
State requires the development and maintenance of an efficient system of administering 
this article to minimize delays and difficulties in evaluating alterations of these resource 
areas. 
The Legislature further finds and declares that the cumulative effect of frequent 
minor alterations and occasional major alterations of these resources poses a substantial 
threat to the environment and economy of the State and its quality of life. 
This article is known and may be cited as "the Natural Resources Protection Act. " 
Sec. 2. 38 MRSA §480-B, sub-§7, as amended by PL 1999, c. 243, § 11, IS 
further amended to read: 
7. 
Permanent structure. 
"Permanent structure" means any structure that is 
designed to remain at or that is constructed or erected with a fixed location or that is 
Page I - 123LR0643(Ol)-1 
attached to a structure with a fixed location for a period exceeding 7 months each year 
within any 12-month period, including, but not limited to, causeways, piers, docks, 
concrete slabs, piles, marinas, retaining walls and buildings. 
Sec. 3. 38 MRSA §480-I, sub-§l, as amended by PL 1991, c. 693, §2, is further 
amended to read: 
1. 
Identification by maps. 
The comrmSSlOner shall map areas meeting the 
definition of freshwater wetlands and fragile mountain areas set forth in this article aHd 
shall periodically review and revise the maps identifying these areas. The data developed 
under section 546-B may be used for mapping significant wildlife habitat. Maps of 
significant wildlife habitats that have been produced by the Department of Inland 
Fisheries and Wildlife must be adopted by rule pursuant to the Maine Administrative 
Procedure Act to the extent that those habitats are identified by the Department of Inland 
Fisheries and Wildlife. by the department if: 
A. 
The maps are of one or more of the types of areas listed in section 480-B, 
subsection 10, paragraph A; or 
B. 
The maps are of one or more of the types of areas listed in section 480-B, 
subsection 10, paragraph B and are for purposes of determining when a pennit is 
required for forest management activities. 
Sec. 4. 38 MRS A §480-I, sub-§2, as affected by PL 1989, c. 890, Pt. A, §40 and 
as amended by Pt. B, §77, is further amended to read: 
2. 
Procedures. 
The maps and subsequent amendments identifying freshvlater 
wetlands, significant wildlife habitat and fragile mountain areas shall be to be adopted 
pursuant to the Maine Administrative Procedure Act are subject to the following 
procedures. 
A. 
Preliminary maps of the affected area or amendments of a map shall must be 
sent to the municipal officers or their designees. 
B. 
Upon receipt of the proposed maps, the municipal officers of each municipality 
shall take any action they determine appropriate to increase public participation in 
this identification and delineation, but shall return their comments to the 
commissioner within a 90-day period. 
Sec. 5. 38 MRSA §480-Q, sub-§4, as enacted by PL 1987, c. 809, §2, IS 
repealed. 
Sec. 6. 38 MRSA §480-V, as amended by PL 2001, c. 232, §16, is repealed and 
the following enacted in its place: 
§480-V. Applicability 
This article applies to all protected natural resources in the State. 
Sec. 7. 38 MRSA §480-CC is enacted to read: 
§480-CC. Significant wildlife habitat; shorebird feeding and roosting areas 
Significant wildlife habitat as defined in section 480-B, subsection 10 includes 
shorebird nesting, feeding and staging areas that are in confonnance with criteria adopted 
by the department or are contained within another protected natural resource except as 
provided in this section and section 480-DD. 
1. Definitions. As used in this section and section 480-DD, unless the context 
otherwise indicates, the following tenns have the following meanings. 
A. "Shorebird feeding area" means a shorebird feeding or staging area that is not a 
roosting area. "Shorebird feeding area" includes a 75-foot-wide surrounding buffer 
referred to as "the feeding buffer. " 
B. "Shorebird roosting area" means a shorebird feeding or staging area that is also a 
roosting area. "Shorebird roosting area" includes a 250-foot-wide surrounding buffer 
referred to as "the roosting buffer. " 
2. Cutting standards within roosting and feeding buffers. The cutting standards 
in this subsection apply in addition to the permitting standards in section 480-D. Any 
cutting or removal of vegetation allowed under this subsection must be done in 
consultation with and as approved by the Department of Inland Fisheries and Wildlife. 
Cutting or removal of vegetation within a roosting or feeding buffer is prohibited except 
for the following as approved by the department: 
A. Removal of a safety hazard; 
B. Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet in 
width as measured between tree trunks and shrub stems. The footpath may not result 
in a cleared line of sight to the water; and 
C. Cutting or removal of vegetation detennined to be necessary by the department in 
order to conduct other activities approved by the department pursuant to section 480-
C and in accordance with the standards of this article and rules adopted, including but 
not limited to avoidance, minimization and no unreasonable impact. The department 
may not approve cutting or removal of vegetation for purposes of creating a view. 
Sec. 8. 38 MRSA §480-DD is enacted to read: 
§480-DD. 
Significant wildlife habitat criteria; reduction in certain significant 
1 
wildlife habitats due to development 
Although an area is otherwise in confonnance with significant wildlife habitat criteria 
adopted by the department for shorebird nesting, feeding, roosting and staging areas, or 
high and moderate value inland waterfowl and wading bird habitat, the Department of 
Inland Fisheries and Wildlife may determine that a specific portion of the area is no 
longer this type of significant wildlife habitat due to the impact of development in 
existence on June 8, 2006 and continuing in existence as of the date of the detennination. 
1. Factors. When detennining whether an area is no longer a significant wildlife 
habitat, the Department of Inland Fisheries and Wildlife may consider factors such as 
species present or exiting and potential use of the area by birds, levels of disturbance, 
screening, development density, land use and any mitigating factors. 
2. Exclusions. The Department of Inland Fisheries and \Vildlife may not exclude an 
area from a significant wildlife habitat designation if future development of the area 
might unreasonably degrade the remaining significant wildlife habitat, unreasonably 
disturb the birds or unreasonably affect the continued use of the remaining significant 
wildlife habitat by the birds. 
For purposes of this section, "development" means the area of property altered, 
including, but not limited to, buildings, roads, driveways, parking areas, wastewater 
disposal systems and lawns and other nonnative vegetation as determined by the 
department. 
Sec. 9. 38 MRSA §490-D, sub-§ 1, as amended by PL 1999, c. 556, §34, IS 
further amended to read: 
1. Significant wildlife habitat. Affected land may not be located in a significant 
wildlife habitat, as defined in section 480-B, or in an area listed pursuant to the Natural 
Areas Program, Title 12, section 544. The department may not grant a variance from the 
provisions of this subsection allow excavation to occur in a significant wildlife habitat 
provided a permit is obtained pursuant to article 5-A. 
Sec. 10. 38 MRS A §490-Z, sub-§I, as amended by PL 1999, c. 556, §35, is 
further amended to read: 
1. Significant wildlife habitat. Affected land may not be located in a significant 
wildlife habitat~ as defined in section 480-B, subsection 10 or in an area listed pursuant to 
the Natural Areas Program, Title 12, section 544. 
The department may not grant a 
variance from the provisions of this subsection allow excavation to occur in a significant 
wildlife habitat provided a permit is obtained pursuant to article 5-A. 
Sec. 11. Resolve 2005, c. 183, §1, sub-§16, ~A is amended to read: 
A. An activity occurring in, on, over or adjacent to a significant vernal pool habitat 
or a potential significant vernal pool habitat is eligible for permit by rule as described 
in the Department of Environmental Protection rule, chapter 305, section 19, 
provided that the habitat management standards in chapter 335, section 9, paragraph 
C, subparagraphs 1 to 5 are met; 
Sec. 12. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 5-A, in the article 
headnote, the words "protection of natural resources" are amended to read "natural 
resources protection act" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes. 
Sec. 13. Retroactivity. Those sections of this Act that enact the Maine Revised 
Statutes, Title 38, sections 480-CC and 480-DD and amend Resolve 2005, chapter 183, 
subsection 16, paragraph A apply retroactively to June 8, 2006. 
P'lge 4 - 17.3LR064J(Ol)-1 
Sec. 14. Ruiemaking. The Department of Environmental Protection shall amend 
its rules concerning significant wildlife habitat that were adopted in accordance with the 
Maine Revised Statutes, Title 38, section 480-DD to be consistent with the provisions of 
this Act. 
Changes adopted pursuant to this Act as well as additional corrections, 
clarifications and minor changes of the rules that were adopted in accordance with section 
480-BB are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A, 
notwithstanding section 480-BB. 
The Department of Environmental Protection shall amend its rules concerning permit by 
rule to allow the activities listed in Title 38, section 480-CC, subsection 2, paragraphs A 
and B and an expansion of up to 10% of an existing development area within a feeding 
area to be authorized pursuant to permit by rule if applicable standards in the protection 
of natural resources under article 5-A and rules adopted pursuant to that article are met 
and an individual permit is not otherwise required for activity on the parcel. "Existing 
development area" is defined in section 20 of the department's rules concerning permit by 
rule. 
Emergency clause. 
In view of the emergency cited m the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1. 
Clarifies the definition of "permanent structure" for the natural resources 
protection laws; 
2. 
Amends the section concerning identification by maps to be consistent with 
previous amendments to the definition of "significant wildlife habitat" in the natural 
resources protection laws by qualifying the mapping requirement through a reference to 
the Maine Revised Statutes, Title 38, section 480-B, subsection 10, paragraphs A and B. 
It also removes out-of-date language concerning jurisdiction and mapping requirements 
that applied to wetlands of 10 acres or more when section 480-B was amended in 1995: 
3. Repeals the exemption for alteration of freshwater wetlands associated with the 
construction, operation, maintenance or repair of an interstate pipeline; 
4. Amends an applicability section to be consistent with previous amendments to the 
definition of "significant wildlife habitat"; 
5. Amends Title 38, section 490-D, subsection 1 of the borrow pit law to provide that 
the Department of Environmental Protection may allow excavation in a significant 
wildlife habitat provided a permit is obtained pursuant to the protection of natural 
resources laws; 
6. Amends Title 38, section 490-Z, subsection 1 of the quarry law to provide that the 
Department of Environmental Protection may allow excavation in a significant wildlife 
habitat provided a permit is obtained pursuant to the protection·of natural resources laws; 
7. Enacts a section providing supplemental provisions concerning shorebird feeding, 
staging and roosting areas. It includes supplemental definitions and permitting standards 
for cutting within roosting buffers and feeding buffers that apply in addition to otherwise 
applicable standards under the protection of natural resources laws; 
8. 
Enacts a section to allow the Department of Inland Fisheries and Wildlife to 
determine that an area is not a significant wildlife habitat due to the impact of 
development in existence on June 8, 2006 and continuing in existence on the date of the 
determination, although the area otherwise conforms with significant wildlife criteria 
adopted by the Department of Environmental Protection for shorebird nesting, feeding 
and staging areas or high and moderate value inland waterfowl and wading bird habitat. 
II 
Certain factors and requirements are specified; 
9. Amends Resolve 2005, chapter 183, which approved amendments to chapter 335, 
Significant Wildlife Habitat, a major substantive rule of the Department of Environmental 
Protection, to clarify that an activity in, on, over or adjacent to a significant vernal pool 
habitat or potential significant vernal pool habitat is eligible for pemlit by rule if certain 
habitat standards are met by adding a citation to the regulatory standards; and 
10. Provides that changes to the Maine Revised Statutes, Title 38, sections 480-CC 
and 480-DD and changes to Resolve 2005, chapter 183 are applicabl<: as of June 8, 2006. 
The bill also provides that changes to the Department of Environmental Protection's rules 
on significant wildlife habitat that are adopted pursuant to this legislation as well as 
additional corrections, clarifications and minor changes of the significant wildlife habitat 
rules are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The 
bill also provides that the Department of Environmental Protection's rules concerning 
permit by rule must be amended to allow certain specified activities to be authorized 
under permit by rules if applicable standards are met. The Department of Environmental 
Protection's rules on permit by rule and amendments to those rules are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
11. The bill also provides the short title for the Maine Revised Statutes, Title 38, 
chapter 3, subchapter 1, article 5-A of "the Natural Resources Protection Act."