An Act To Ensure Reasonable and Equitable Land Use Opportunities near Shorebird, Wading Bird and Waterfowl Habitat
Maine Legislature, Session 123, LD 1014
Committee: Natural Resources
Sponsors: RA YE, CLARK, JOY, TIBBETTS, VALENTINO, BENOIT, BROMLEY, DAMON, DOW, GOOLEY, HASTINGS, HOBBINS, NUTTING, PLOWMAN, ROSEN, SCHNEIDER, SHERMAN, SMITH, SNOWE-MELLO, TURNER, ANNIS, AYOTTE, BLANCHETTE, CARTER, CLEARY, CRAVEN, CROSTHWAITE, CURTIS, EDGECOMB, EMERY, FINLEY, GILES, HOLMAN, LEWIN, LUNDEEN, MAZUREK, PERRY, PIEH, PILON, RICHARDSON, SAVIELLO, TARDY, THERIAULT, WALKER
Amends: 38 MRSA §480-B

Legislative Document 
No. 1014 
S.P.331 
March 6, 2007 
An Act To Ensure Reasonable and Equitable Land Use 
Opportunities near Shorebird, Wading Bird and Waterfowl Habitat 
(EMERGENCY) 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator RA YE of Washington. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: CLARK of Millinocket, JOY of Crystal, TIBBETTS of Columbia, 
Representative VALENTINO of Saco and Senators: BENOIT of Sagadahoc, BROMLEY of 
Cumberland, DAMON of Hancock, DOW of Lincoln, GOOLEY of Franklin, HASTINGS of Oxford, 
HOBBINS of York, McCORMICK of Kennebec, NUTTING of Androscoggin, PLOWMAN of 
Penobscot, ROSEN of Hancock, SA V AGE of Knox, SCHNEIDER of Penobscot, SHERMAN of 
Aroostook, SMITH of Piscataquis, SNOWE-MELLO of Androscoggin, TURNER of Cumberland, 
Representatives: ANNIS of Dover-Foxcroft, AYOTTE of Caswell, BLANCHETTE of Bangor, 
CARTER of Bethel, CLEARY of Houlton, CRAVEN of Lewiston, CROSTHWAITE of Ellsworth, 
CURTIS of Madison, EDGECOMB of Caribou, EMERY of Cutler, FINLEY of Skowhegan, GILES of 
Belfast, HOLMAN of Fayette, LEWIN of Eliot, LUNDEEN of Mars Hill, MacDONALD of Boothbay, 
MAZUREK of Rockland, McDONOUGH of Scarborough, McFADDEN of Dennysville, McLEOD of 
Lee, PERRY of Calais, PIEH of Bremen, PILON of Sa co, RICHARDSON of Carmel, SAVIELLO of 
Wilton, TARDY of Newport, THERIAULT of Madawaska, WALKER of Lincolnville. 
Printed on recycled 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, Resolve 2005, chapter 183 authorized Chapter 335: Significant Wildlife 
Habitat, a;;rnajor substantive rule of the Department of Environmental Protection; and 
Whereas, the implementation of Chapter 335 has created a significant barrier for 
many coastal property owners to use their land and has resulted in the potential loss of 
property value; 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, as enacted by PL 2005, c. 116, §5, is amended 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 area. Include a definition of the 00ffef area to be regulated~, except 
that in that definition the department may not establish a building setback requirement 
that is in excess of: 
A. Seventy-five feet from shorebird feeding and staging areas excluding roosting 
areas; 
B. One hundred and fifty feet from shorebird roosting areas; or 
C. 
One hundred feet from the edge of an inland wetland complex that has 
documented outstanding use by waterfowl or wading birds; 
2. 
Certain landowners not subject to regulation. 
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; 
3. 
Department of Environmental Protection must provide written field 
determination. Require that the Department of Environmental Protection provide a 
Page I -123LR0222(Ot)-t 
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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 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 
6. Exemptions. Exempt: 
A. Existing building lots. For the purposes of this paragraph, "existing building lot" 
means a building lot whose boundaries were in existence on September 12, 2006 and 
were so described in a deed recorded on or before that date; and 
B. 
Activities of a holder of a commercial shellfish license pursuant to Title 12, 
section 6601 who fishes for clams and activities of a holder of a marine worm 
digger's license pursuant to Title 12, section 6751. 
Rules adopted pursuant to this section 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 
legislation takes effect when approved. 
SUMMARY 
This bill provides that the Department of Environmental Protection may not establish 
building setbacks that are in excess of 75 feet from shorebird feeding and staging areas; 
feet from shorebird roosting areas; or 100 feet from inland wading bird and 
waterfowl areas. 
The bill exempts from department rules existing building lots and 
activities of c1ammers and worm diggers.