An Act Relating to Interference with Navigation on Inland Waters
Maine Legislature, Session 124, LD 0415
Committee: Agriculture, Conservation and Forestry
Sponsors: PENDLETON, GOOLEY, BRIGGS, CEBRA, VALENTINO, BRYANT, DIAMOND
Amends: 12 MRSA §1899-D

Legislative Document 
No. 415 
H.P.303 
House of Representatives, Febmary 10,2009 
An Act Relating to Interference with Navigation on Inland Waters 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative PENDLETON of Scarborough. 
Cosponsored by Senator GOOLEY of Franklin and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRIGGS of Mexico, BRYANT of Windham, CEBRA of Naples, 
VALENTINO of Sa co, Senators: BRYANT of Oxford, DIAMOND of Cumberland. 
Printed UII rccyclt.'t1 puper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §1899-D is enacted to read: 
§1899-D. Violation of rules; offenses 
1. Rule violation. A person corrimits a civil violation for which a fine of not more 
than $500 may be adjudged if that person: 
A. Violates any rule or any notice posted at a public boat launch facility or otherwise 
published by the bureau; or 
B. Marks waters contrary to the rules established by the director. 
2. Criminal offense. A person commits a Class E crime if that person: 
A. 
Moors a watercraft beyond the water safety zone to any buoy, beacon or 
pennanent structure placed by the State or any organization authorized to place 
markers by pennit in waters of this State or in any manner makes fast to any buoy, 
beacon or pennanent structure, except for a dock, wharf or other structure authorized 
for that purpose; 
B. Intentionally destroys, defaces, damages, moves off station or sinks any buoy, 
beacon or marking device either floating on the waters of the State or pennanently 
fixed to the land or structures adjacent to the water areas of the State that has been 
placed by the State or any organization authorized to place markers by pennit; or 
C. Willfully mutilates, defaces or destroys any notice, monument or marker lawfully 
erected within or adjoining the borders of a public facility. 
Sec. 2. 12 MRSA c. 220, sub-c. 10 is enacted to read: 
SUBCHAPTER 10 
INTERFERENCE WITH NAVIGATION ON INLAND WATERS 
§1900. Interference with navigation; swim areas 
1. Definitions. For the purposes of this subchapter, unless the context indicaies 
otherwise, the following tenns have the following meanings. 
A. "Organized swim area" means any area on the inland waters enclosed by official 
swim line-floats and regulatory markers for the purpose of protecting swimmers. An 
organized swim area may be created only by a governmental entity or commercial 
campground within the water safety zone. 
B. "Water safety zone" means that area of water within 200 feet of the shoreline of 
the mainland or of an island. 
2. 
Organized swim area~ permit. Only a governmental entity or commercial 
campground may obtain a pennit issued by the director to designate an organized swim 
area. 
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3. Uniform marldng. The director may adopt rules for the uniform marking of 
organized swim areas. 
4. Fee; expiration. Permits issued under subsection 2 expire 5 years after the date 
of issuance. The director shall establish by rule the fees for the permits, except that an 
organized swim area owned and operated by the State or a governmental entity may not 
be charged a fee and its pennit does not expire as long as no alterations to the organized 
swim area are made after the permit is issued. 
5. Civil violation. A person commits a civil violation for which a fine of not more 
than $500 may be adjudged if that person lmowingly places a swim line within or beyond 
the water safety zone, or places a mooring or swimming and diving float beyond the 
water safety zone. 
6. Rules. The director may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill prohibits the use of swim line-floats or regulatory markers for the purpose of 
protecting swimmers by a person other than a governmental entity or commercial 
campground that has obtained an organized swim area pemnt issued by the director. This 
bill defines "organized swim area" and "water safety zone." The bill makes violation of 
any rule or notice posted at a public boat launch facility or otherwise published by the 
Department of Conservation, Bureau of Parks and Lands and the marking of waters 
contrary to rules of the Director of the Bureau of Parks and Lands civil violations. This 
bill makes mooring of a watercraft beyond the water safety zone to a buoy, beacon or 
permanent structure placed by the State; intentionally destroying, defacing, damaging, 
moving or sinking a buoy, beacon or marking device floating on the waters of the State or 
permanently fixed to land or structures adjacent to water; and mutilating or destroying a 
notice at a public facility Class E crimes.