An Act To Facilitate Establishment of Watershed Districts
Maine Legislature, Session 124, LD 1553
Committee: Natural Resources
Sponsors: EBERLE, DAVIS, HASKELL, HINCK, LOVEJOY, MORRISON, NELSON, ROTUNDO, RUSSELL, STUCKEY
Amends: 38 MRSA §484

SECOND REGULAR SESS][ON=2010 
Legislative Document 
No. 1553 
H.P. 1095 
House of Representatives, December 21, 2009 
An Act To Facilitate Establishment of Watershed Districts 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
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 EBERLE of South Portland. 
Cosponsored by Senator DAVIS of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: HASKELL of Portland, HINCK of Portland, LOVEJOY of Portland, 
MORRISON of South Portland, NELSON of Falmouth, ROTUNDO of Lewiston, RUSSELL 
of Portland, STUCKEY of Portland. 
Printed on n!cydc.:J paper 
Be it enacted by the People of the State of Maine as follows: 
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Sec. 1. 38 MRSA §484, sub-§4-A, as amended by PL 1997, c. 502, §8 and 
affected by c. 603, §§8 and 9, is further amended to read: 
4-A. Storm water management and erosion and sedimentation control. The 
proposed development, other than a metallic mineral mining or advanced exploration 
activity, meets the standards for storm water management in section 420-D and the 
standard for erosion and sedimentation control in section 420-C. A proposed metallic 
mineral mining or advanced exploration activity must meet storm water standards in 
department rules adopted to implement subsections 3 and 7. If exempt under section 420-
D, subsection 7, a proposed development must satisfy the applicable storm water quantity 
standard and, if the development is located in the direct watershed of a lake included in 
the list adopted pursuant to section 420-D, subsection 3, any applicable storm water 
quality standards adopted pursuant to section 420-D. For redevelopment projects only, 
the standards for storm water management in section 420-D are met if the proposed 
development is located in a df ;ignated area served by a department-approved 
management system for storm wate as described in section 420-D, subsection 2, as long 
as the owner or operator of the parcel upon which the proposed development will be 
located enters into or obtains and remains in compliance with all agreements, penn its and 
approvals necessary for the proposed development to be served by such management 
system for storm water. 
Sec. 2. 38 MRS A §2014 is enacted to read: 
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§2014. Alternative method 
This chapter may not be construed to limit a municipality's home rule authority or its 
ability to form a watershed district through its interlocal cooperation authority under Title 
30-A, chapter 115 but provides an additional and alternative method for the formation of 
a watershed district and provides powers supplemental and additional to powers 
conferred by other laws, and may not be regarded as in derogation of or repealing any 
powers existing under any other law, either general, special or local. 
Sec. 3. Retroactivity. This Act applies retroactively to July 1,2009. 
SUMMARY 
This bill facilitates establishment of watershed districts to address urban-impaired 
streams in 2 ways. 
This bill amends the laws governing site location of development to authorize the 
Department of Environmental Protection to make a finding that the stOlTn water 
management standards are met if a redevelopment project is located in a watershed with 
an approved management plan and the project's owner or operator has entered into an 
agreement or has obtained the approvals and permits necessary to participate in that 
management plan. 
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Page I - 124LR2112(OI)-1 
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This bill amends the laws governing coastal and lake watershed districts to clarify 
that the laws provide one way of establishing a watershed district and that, alternatively, 
one or more municipalities may create a watershed district under municipal home rule 
authority or under interlocal cooperation authority. The bill is retroactive to July 1,2009 
to ensure that actions taken since that date to create watershed districts by interlocal 
agreement or by incorporation are valid.