An Act Regarding Construction and Excavation near Burial Sites
Maine Legislature, Session 124, LD 0113
Committee Amendment CA_A_H416 (House)
Amends: 13 MRSA §1371-A

COMMITTEE AMENDMENT ,A "to I-J.P. 97, L.D. 113, Bill, "An Act Regarding 
Construction and Excavation near Burial Sites" 
Amend the bill by striking out everything after the title and before the summary and 
inseliing the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, a malfunctioning septic system has polluted a shellfish bed and that 
shellfish bed can be reopened if the construction ofa private sewer connection to a public 
sewer line is approved; and 
Whereas, the immediate repair of a malfunctioning septic system is needed to 
protect the public's health and the local shellfish industry; and 
Whereas, a change in the laws governing construction and excavation near burial 
sites is necessary to ensure the immediate repair of the septic system; and 
Whereas, in the judgment of the Legislature, these facts create an emergency with in 
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. 13 MRSA §1371-A, sub-§l, as amended by PL 2007, c. 112, §2, is 
repealed and the following enacted in its place: 
1. Known burial sites. Construction or excavation near a known burial site or 
within the boundaries of an established cemetelY must comply with any applicable land 
use ordinance concerning burial sites or established cemeteries, whether or not the burial 
site or established cemetelY is properly recorded in the deed to the property. 
In the 
absence of local ordinances, construction or excavation may not be conducted within 25 
feet of a known burial site or within 25 feet of the boundaries of an established cemetery, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "10 I·J.P. 97, L.D. 113 
whichever is the greater, whether or not the burial site or established cemetery is pro~ 
recorded in the deed to the property, except: 
A. When the construction or excavation is performed pursuant to a lawful order or 
permit allowing the relocation of bodies; 
B. When necessary for the construction of a public improvement, as approved by the 
governing body of a municipality or, in the case of a state highway, by the 
Commissioner of Transportation; or 
. 
C. When neceSSaIY for the construction of a private sewer line connection to a public 
sewer system if: 
(1) 
No other practicable altemative exists to connecting to a public sewer 
system; 
(2) No other practicable alternative exists to excavation or construction within 25 
feet; 
(3) The excavation or construction is at the maximum possible distance fi'om the 
cemetery or burial site; 
(4) The construction of the private sewer line connection is approved by the 
governing body of the municipality and the regulating division within the 
DepaItment of Health an'd Human Services; 
(5) Public notice is provided by the affected municipality that allows 2 weeks for 
members of the public to submit testimony prior to any approval, construction or 
excavation and any testimony is also submitted by the municipality to the 
regulating division within the Department of Health and Human Services; and 
(6) 
No excavation or construction equipment is placed on any part of the 
cemetery or burial site or within 10 feet of the cemetery or burial site at any time 
during the construction of the sewer connection. 
This paragraph is repealed June 30,2010. 
A municipality may enforce this subsection or any local ordinance conceming burial sites 
or established cemeteries pursuant to Title 30-A. section 4452, including the assessment 
of civil penalties. 
In the event of any violation of this subsection, the Attorney General may seek to enjoin a 
further violation, in addition to any other remedy. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
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SUMMARY 
This amendment replaces the bill. It allows for the construction of a private sewer 
line connection to a public sewer system within the 25-foot setback from a cemetery only 
if the following conditions are met: there is no practical alternative to connecting to the 
public sewer line; there is no practical alternative to excavation or construction within 25 
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COMMITTEE AMENDMENT 'A" to H.P. 97, L.D. 113 
feet; that the construction is approved by the municipality and the regulating division 
within the Depaliment of Health and I-Iuman Services; there is a 2-week 0ppOlwnity for 
the public to express opposition to the construction; the construction takes place as far as 
possible from the cemetery; and the construction equipment is not placed on any pali or 
within 10 feet of the cemetery at any time. This provision is repealed June 30; 2010. The 
amendment also adds an emergency preamble and emergency clause. 
COMMITTEE AMENDMENT 
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