An Act To Enhance Implementation of the Significant Wildlife Habitat Rules
Maine Legislature, Session 123, LD 0326
Committee: Natural Resources
Sponsors: FLETCHER, SNOWE-MELLO, FITTS, GIFFORD, JOY, RICHARDSON, SA VIELLO, THIBODEAU, GOOLEY
Amends: 38 MRSA §480-B

Legislative Document 
No. 326 
H.P.261 
House of Representatives, January 22,2007 
An Act To Enhance Implementation of the Significant Wildlife 
Habitat Rules 
(EMERGENCY) 
Reference to the Committee on Natural Resources suggested and ordered printed. 
/rl~m·m~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FLETCHER of Winslow. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: FITTS of Pittsfield, GIFFORD of Lincoln, JOY of Crystal, RICHARDSON 
of Carmel, SA VIELLO of Wilton, THIBODEAU of Winterport, Senator: GOOLEY of 
Franklin. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Resolve 2005, chapter 183 authorized the final adoption of portions of 
. Chapter 335: Significant Wildlife Habitat, a major substantive rule of the Department of 
Environmental Protection; and 
Whereas, September 1, 2007 is the implementation date of the provisions of 
Chapter 335 that regulate significant vernal pool habitat; and 
Whereas, this legislation will protect existing building lots from being negatively 
affected by the regulations; 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 of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-BB, sub-§4, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
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 detennination if the fine would 
be based solely on infonnation in the written field detennination; aRd 
Sec. 2. 
MRS A §480-BB, sub-§5, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
5. Process for voluntary 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 Fisheries and Wildlife the authority to map the 
significant vernal pool habitat~; and 
Sec. 3. 38 MRSA §480-BB, sub-§6 is enacted to read: 
6. 
Exemption for existing building lots. 
Exempt from the rules regarding 
significant vernal pool habitat any existing building lot. For purposes of this subsection, 
"existing building lot" means a building lot whose boundaries were in existence on 
September 1, 2007 and were so described in a deed recorded on or before that date. 
Sec. 4. 
MRS A §480-BB, last ~, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
Rules adopted pursuant to this seetion regarding significant vernal pool habitat, high 
and moderate value waterfowl and wading bird habitat and shorebird nesting, feeding and 
gagin.&..area~ are major substantive rules as defined in Title 5, chapter 375, subchapter 2-
A. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
SUMMARY 
This bill exempts building lots that were established prior to September 1, 2007 from 
the significant vernal pool habitat regulations adopted by the Department of 
Environmental Protection. 
It also adds language clarifying that all department rules regarding significant vernal 
pool habitat, high and moderate waterfowl and wading bird habitat and shorebird nesting, 
feeding and staging areas are major substantive rules.