An Act To Close Loopholes in Environmental Laws
Maine Legislature, Session 124, LD 1538
Committee: Natural Resources
Sponsors: WELSH, NASS, DUCHESNE, EBERLE, MAZUREK, GOODALL

Legislative Document 
No. 1538 
H.P. 1082 
House of Representatives, December 21,2009 
An Act To Close Loopholes in Environmental Laws 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17,2009. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator NASS of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUCHESNE of Hudson, EBERLE of South Portland, MAZUREK of 
Rockland, Senator: GOODALL of Sagadahoc. 
PrinlL'd llll rl'C}cJcJ papl'r 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 38 MRS A §414, sub-§8, as enacted by PL 1997, c. 794, Pt. A, §21, is 
amended to read: 
8. Effect of license. Issuance of a license under this chapter section 413 does not 
convey any property right of any sort, or exclusive privilege. Except for toxic effluent 
standards and prohibitions imposed under the Federal Water Pollution Control Act, 
Section 307, as amended, compliance with a license issued under section 413 during its 
terms constitutes compliance with this chapter sections 413 to 414-C and section 423-0. 
It is not a defense for a licensee in an enforcement action that it would have been 
necessary to halt or reduce the licensed activity in order to maintain compliance with the 
conditions of the license. The licensee shall take all reasonable steps to minimize or 
prevent any discharge in violation of a license that has a reasonable likelihood of 
adversely affecting human health or the environment. 
Sec. 2. 38 MRS A §420-JD, sulb-§7, ~A, as enacted by PL 1995, c. 704, Pt. B, §2 
and affected by PL 1997, c. 603, § §' and 9, is amended to read: 
A. 
Forest management activities, including associated road construction or 
maintenance, do not require review pursuant to this section if any road construction is 
used primarily for forest management activities and is not used primarily to access 
development and the forest management activities and associated roads do not 
constitute a change in land use under rules adopted by the Department of 
Conservation, Bureau of Forestry concerning forest regeneration and clear-cutting. 
Sec. 3. 38 MRS A §439-A, sub-§9 is enacted to read: 
9. Ownership of nonconforming lots. Notwithstanding any provision in a local 
ordinance to the contrary, when determining whether 2 or more contiguous 
nonconforming lots or parcels are owned by the same person and are treated as a single 
lot under this article, the municipal planning board may consider whether the same person 
owns or has a financial interest in both lots, even if the ownership or financial interest is 
jointly held with other persons or as a member, officer or shareholder of a corporation. 
.Sec. 4. 38 MRS A §480-Q, sub-§7-A, to, as amended by PL 2001, c. 618, §4, is 
further amended to read: 
D. 
Any road construction is not used to access development but is used primarily 
for forest management activities, unless the road is removed and the site restored to 
its prior natural condition. Roads must be the minimum feasible width and total 
length consistent with forest management activities. This exemption does not apply 
to roads that provide access to development in a subdivision as defined in Title 30-A, 
section 4401, subsection 4, for the organized portions of the State, or Title 12, section 
682, subsection 2-A, including divisions ofland exempted by Title 12, section 682-B, 
for portions of the State under the jurisdiction of the Maine Land Use Regulation 
Commission; 
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SUMMARY 
This bill clarifies the "permit shield" provision of the waste discharge law to replace a 
reference to "this chapter" with a reference to the relevant sections. 
The bill also clarifies the forest management exemption of the storm water 
management law to include some language from a similar exemption in the Natural 
Resources Protection Act. 
The bill provides that when a municipal planning board is determining whether 2 or 
more contiguous nonconforming lots must be treated as a single lot under shoreland 
zoning because they are owned by the same person, the planning board may consider 
whether the same person owns or has a financial interest in both lots, even if such 
ownership or financial interest is jointly held with other persons or as a member, officer 
or shareholder of a corporation. 
The bill clarifies the exemption from the Natural Resources Protection Act for road 
construction used primarily for forest management activities and not used to access 
development. The exemption currently does not apply to roads that provide access to 
development in a subdivision, and the bill changes the text from "to development in a 
subdivision" to "to a subdivision."