An Act To Change the Classification of Certain Waters of the State
Maine Legislature, Session 124, LD 0330
Committee: Natural Resources
Sponsors: EBERLE, SIMPSON
Amends: 38 MRSA §464, 38 MRSA §467, 38 MRSA §468

MAINE STATE LEGISLATURE 
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124thMAINELEGISLATURE 
FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 330 
H.P.266 
House of Representatives, February 3, 2009 
An Act To Change the Classification of Certain Waters of the State 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative EBERLE of South Portland. 
Cosponsored by Senator SIMPSON of Androscoggin. 
Prinh:d \111 I"l.".::.dcd pilpcr 
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MILLICENT M. l'vlacF ARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §464, sub-§2,tjfE is enacted to read: 
E. The Legislature may raise the· classification of a water body and establish an 
effective date for that new classification to commence. 
The commissioner shall 
expedite the means considered necessary for the water body to attain standards and 
designated uses of the new classification by the effective date. If the commissioner 
determines that the water body attains the standards and designated uses of the new 
classification before the effective date established by the Legislature, the 
commissioner shall report such findings to the Legislature. 
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Sec. 2. 38 MRSA §467, sub-§l, IijfC, as amended by PL 2003, c. 317, §2, is 
further amended to read: 
C. Androscoggin River, Upper Drainage; that portion within the State lying above 
the river's most upstream crossing of the Maine-New Hampshire boundary - Class A 
unless otherwise specified. 
(1) Cupsuptic River and its tributaries - ClassAA. 
(2) Kennebago River and its tributaries except for the impoundment of the dam 
at Kennebago Falls - Class AA. 
(3) Rapid River, from a point located 1,000 feet downstream of Middle Dam to 
its confluence with Umbagog Lake - Class AA. 
(4) 
Magalloway River and tributaries above Aziscohos Lake in Lynchton 
Township, Parmachenee Township and Bowmantown Township - Class AA. 
(4-A) Abbott Brook and its tributaries in Lincoln Plantation - Class AA. 
(5) 
Little Magalloway River and tributaries in Parmachenee Township and 
Bowmantown Township - Class AA. 
(6) Long Pond Stream in Rangeley - Class AA. 
(7) Dodge Pond Stream in Rangeley - Class AA. 
Sec. 3. 38 MRSA §467, sub-§l, "fID, as amended by PL 2003, c. 317, §3, is 
further amended to read: 
D. Androscoggin River, minor tributaries - Class B unless otherwise specified. 
(1) All tributaries of the Androscoggin River that enter between the Maine-New 
Hampshire boundary in Gilead and its confluence with, and including, the Ellis 
River and that are not otherwise classified - Class A. 
(2) Bear River - Class AA. 
(3) Sabattus River from Sabattus Lake to limits of the Lisbon urban area - Class 
C. 
(4) Webb River - Class A. 
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(5) Swift River, and its tributaries, above the Mexico-Rumford boundary - Class 
A. 
(6) Nezinscot River, east and west branches above their confluence in Buckfield 
- Class A. 
(7) Wild River in Gilead, Batchelders Grant - Class AA. 
(8) Aunt Hannah Brook and its tributaries in Dixfield - Class A. 
Sec. 4. 38 MRSA §467, sub-§4, 'iTA, as amended by PL 2003, c. 317, §6 and 
affected by §25, is further amended to read: 
A. Kennebec River, main stem. 
(1) From the east outlet of Moosehead Lake to a point 1,000 feet below the lake -
Class A. 
(2) From the west outlet of Moosehead Lake to a point 1,000 feet below the lake 
- Class A. 
(3) From a point 1,000 feet below Moosehead Lake to its confluence with Indian 
Pond - Class AA. 
(4) From Harris Dam to a point located 1,000 feet downstream from Harris Dam 
- Class A. 
(5) 
From a point located 1,000 feet downstream from Harris Dam to its 
confluence with the Dead River - Class AA. 
(6) From its confluence with the Dead River to the confluence with Wyman 
Lake, including all impoundments - Class A. 
(7) From the Wyman Dam to its confluence with the impoundment formed by 
the Williams Dam - Class A. 
(8) From the confluence with the Williams impoundment to the Route 201 A 
bridge in Anson-Madison, including all impoundments - Class A. 
(9) From the Route 201A bridge in Anson-Madison to the Fairfield-Skowhegan 
boundary, including all impoundments - Class B. 
(10) 
From the 
Fairfield-Skowhegan boundary to its-eonfluence 'Nith 
Messalonskee Stream, including all impoundments the Shawmut Dam - Class C. 
(10-A) From the Shawmut Dam to its confluence with Messalonskee Stream, 
excluding all impoundments - Class B. 
(11) From its confluence with Messalonskee Stream to the Sidney-Augusta 
boundary, including all impoundments - Class B. 
(12) From the Sidney-Augusta boundary to the Father John 1. Curran Bridge in 
Augusta, including all impoundments - Class B. 
(13) From the Father John J. Curran Bridge in Augusta to a line drawn across the 
tidal estuary of the Kennebec River due east of Abagadasset Point - Class B. 
Further, the Legislature finds 1hat th~ free-flowing habitat of this river segment 
provides irreplaceable social and economic benefits and that this use must b~ 
maintained. Further, the license limits for total residual chlorine and bacteria for 
existing direct discharges of wastewater to this segment as of January 1, 2003 
must remain the same as the limits in effect on that date and must remain in effect 
until June 30, 2009 or upon renewal of the license, whichever comes later. 
Thereafter, license limits for total residual chlorine and bacteria must be those 
established by the department in the license and may include a compliance 
schedule pursuant to section 414-A, subsection 2. 
(14) From a line drawn across the tidal estuary of the Kennebec River due east of 
Abagadasset Point, to a line across the southwesterly area of Merrymeeting Bay 
formed by an extension of the Brunswick-Bath boundary across the bay in a 
northwesterly direction to the westerly shore of Merrymeeting Bay and to a line 
drawn from Chop Point in Woolwich to West Chop Point in Bath - Class B. 
Further, the Legislature finds that the free-flowing habitat of this river segment 
provides irreplaceable social and economic benefits and that this use must be 
maintained. 
Sec. 5. 38 MRSA §467, sub-§4, CUI, as repealed and" replaced by PL 1989, c. 228, 
§2, is amended to read: 
I. Kennebec River, minor tributaries - Class B unless otherwise specified. 
(1) AlI minor tributaries entering above Wyman Dam that are not otherwise 
classified - Class A. 
(2) AlI tidal portions of tributaries entering between Edwards Dam the Sidney-
Vassalboro-Augusta town line and a line drawn across the tidal estuary of the 
Kennebec River due east of Abagadasset Point - Class G B, unless otherwise 
specified. 
(a) Eastern River from head of tide to its confluence with the Kennebec 
River - Class C. 
(3) Cold Stream, West Forks Plantation - Class AA. 
(4) Moxie Stream, Moxie Gore, below a point located 1,000 feet downstream of 
the Moxie Pond dam - Class AA. 
(5) Austin Stream and its tributaries above the highway bridge of Route 201 in 
the Town of Bingham - Class A. 
Sec. 6. 38 MRSA §467, sub-§7, ~, as amended by PL 1999, c. 277, §1l, is 
further amended to read: 
E. Piscataquis River Drainage. 
(1) Piscataquis River, main stem. 
(a) From the confluence of the East Branch and the West Branch to the 
Route 15 bridge in Guilford - Class A. 
(b) From the Route 15 bridge in Guilford to the Maine Central Railroad 
bridge in Dover-Foxcroft - Class B. 
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(c) 
From the Maine Central Railroad bridge in Dover-Foxcroft to its 
confluence with the Penobscot River., Class B. 
(2) Piscataquis River, tributaries - Class B unless otherwise specified. 
(a) Except as otherwise provided, East and West Branches of the Piscataquis 
River and their tributaries above their confluence near Blanchard - Class A. 
(b) East Branch of the Piscataquis River from 1,000 feet below Shirley Pond 
to its confluence with the West Branch - Class AA. 
(c) Pleasant River, East Branch and its tributaries - Class A. 
(d) Pleasant River, West Branch, from the outlet of Fourth West Branch 
Pond to its confluence with the East Branch - Class AA. 
(e) Pleasant River, West Branch tributaries - Ciass A. 
(f) Sebec River and its tributaries above Route 6 in Milo - Class A. 
(g) 
West Branch of the Piscataquis River from 1,000 feet below West 
Shirley Bog to its confluence with the East Branch - Class AA. 
(h) Black Stream - Class A. 
(i) Cold Stream - Class A. 
U) Kingsbury Stream - Class A. 
(k) Schoodic Stream - Class A. 
(I) Scutaze Stream - Class A. 
(m) 
Sebeis Seboeis Stream, including East and West Branches, and 
tributaries - Class A. 
(n) Alder Stream and its tributaries - Class A. 
Sec. 7. 38 MRSA §467, sub-§7, ~, as amended by PL 2003, c. 317, § 13, is 
further amended to read: 
F. Penobscot River, minor tributaries - Class B unless othenvise specified. 
(1) Cambolasse Stream (Lincoln) below the Route 2 bridge - Class C. 
(2) Great Works Stream (Bradley) and its tributaries above the Route 178 bridge 
- Class A. 
(3) Kenduskeag Stream (Bangor) below the Bullseye Bridge - Class C. 
(4) Mattanawcook Stream (Lincoln) below the outlet of Mattanawcook Pond -
Class C. 
(5) Olamon Stream and its tributaries above the bridge on Horseback Road -
Class A. 
(6) Passadumkeag River and its tributaries - Class A, unless otherwise specified. 
(a) Passadumkeag River from the Pumpkinhill Dam to its confluence with 
the Penobscot River - Class AA. 
(b) Ayers Brook - Class AA. 
(7) Souadabscook Stream above head of tide - Class AA. 
(7-A) Souadabscook Stream, tributaries of:" Class B, unless otherwise specified. 
U!L-West Branch Souadabseook Stream (Hampden, Newburgh) - Class A. 
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(b) Brown Brook (H~_mpden) - Class A. 
(8) Sunkhaze Stream and its tributaries - Class AA. 
(9) Birch Stream - Class A. 
(10) Hemlock Stream - Class A. 
(1 J) Mattamiscontis Stream and its tributaries - Class A. 
(12) Medunkeunk Stream - Class A. 
(13) Rockabema Stream - Class A. 
(14) Salmon Stream - Class A. 
(IS) Salmon Stream in Winn - Class A. 
(16) Little Salmon Stream in Medway - Class A. 
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(17) Narrimissic River in Bucksport and Orland, including all impoundments -
Class B. 
Sec. 8. 38 MRSA §467, sub-§9, ~, as amended by PL 1991, c. 499, § 16, is 
further amended to read: 
B. Presumpscot River, tributaries - Class A unless otherwise specified. 
(1) All tri butaries entering below the outlet of Sebago Lake - Class B. 
(2) Crooked River and its tributaries, except as otherwise provided, excluding 
existing impoundments and excluding that area of the river previously 
impounded at Scribners Mill - Class AA. 
(3) Stevens Brook (Bridgton) - Class B. 
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(4) Mile Brook (Casco) - Class B. 
Sec. 9. 38 MRSA §467, sub-§12,~, as amended by PL 2003, c. 317, §lS, is 
further amended to read: 
B. Saco River, tributaries, those waters lying within the State - Class B unless 
otherwise specified. 
(1) All tributaries entering above the confluence of the Ossipee River lying 
within the State and not otherwise classified - Class A. 
(2) Wards Brook (Fryeburg) - Class C. 
(3) Buff Brook (Waterboro) - Class A. 
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(4) Ossipee River Drainage, those waters lying within the State - Class B unless 
otherwise specified. 
(a) Emerson Brook in Parsonsfield - Class A. 
(b) South River and its tributaries (Parsonsfield), those waters lying within 
the State - Class A. 
Sec. 10. 38 MRSA §467, sub-§13, II[A, as repealed and replaced by PL 1989, c. 
764, § 14, is amended to read: 
A. St. Croix River, main stem. 
(1) Except as otherwise provided, from the outlet ofChiputneticook Lakes to its 
confluence with the Woodland Lake impoundment, those waters lying within the 
State - Class A. 
(2) Those waters ef impounded in the Grand Falls Flowage including those 
waters between Route 1 (Princeton and Indian Township) and Black Cat Island 
Grand Falls Dam - Class B GPA. 
(3) Woodland Lake impoundment - Class C. 
(4) From the Woodland Dam to tidewater, those waters lying within the State, 
including all impoundments - Class C. 
Sec. 11. 38 MRSA §467, sub-§15, ~A, as repealed and replaced by PL 1989, c. 
764, § 16, is amended to read: 
A. st. John River, main stem. 
(1) From the confluence of the Northwest Branch and the Southwest Branch to a 
point located one mile above the foot of Big Rapids in Allagash - Class AA. 
(2) From a point located one mile above the foot of Big Rapids in Allagash to 
the international bridge a point 112 mile above the confluence with the Fish River 
in Fort Kent, those waters lying within the State, including all impoundments -
. Class A. 
(3) From the international bridge a point 112 mile above the confluence with the 
Fish River in Fort Kent to the international bridge in Madawaska, those waters 
lying within the State, including all impoundments - Class B. 
(4) 
From the international bridge in Madawaska to where the international 
boundary leaves the river in Hamlin, those waters lying within the State, 
including all impoundments - Class C. 
Sec. 12. 38 MRSA §467, sub-§15, II[C, as amended by PL 2003, c. 317, § 17, is 
further amended to read: 
C. Aroostook River Drainage. 
(1) Aroostook River, main stem. 
(a) From the confluence of Millinocket Stream and Munsungan Stream to 
the Route 11 bridge - Class AA. 
(b) From the Route 11 bridge to the Sheridan Dam - Class B. 
(c) From the Sheridan Dam to its confluence with Presque Isle Stream, 
including all iinpoundments - Class B. 
(d) From its confluence with Presque Isle Stream to a point located 3.0 miles 
upstream of the intake of the Caribou water supply, including all 
impoundments - Class C. 
(e) From a point located 3.0 miles upstream 'of the intake of the Caribou 
water supply to a point located 100 yards downstream of the intake of the 
Caribou water supply, including all impoundments - Class B. 
(f) From a point located 100 yards downstream of the intake of the Caribou 
water supply to the international houndary, including all impoundments -
Class C. 
(2) Aroostook River, tributaries, those waters lying within the State - Class A 
unless otherwise specified. 
(a) All tributaries of the Aroostook River entering below the confluence of 
the Machias River that are not otherwise classified - Class B. 
(b) Little Machias River and its tributaries - Class A. 
(c) Little Madawaska River and its tributaries, including Madawaska Lake 
tributaries above the Caribou-Connor Township line - Class A. 
(d) Machias River, from the outlet of Big Machias Lake to the Aroostook 
River - Class AA. 
(e) Millinocket Stream, from the outlet of Millinocket Lake to its confluence 
with Munsungan Stream - Class AA. 
(f) Munsungan Stream, from the outlet of Little Munsungan Lake to its 
confluence with Millinocket Stream - Class AA. 
(g) Presque Isle Stream and its tributaries above the Mapleton-Presque Isle 
town line - Class A. 
(h) 
St. Croix Stream from its confluence with Hall Brook in T.9, R.5, 
W.E.L.S. to its confluence with the Aroostook River - Class AA. 
G) Squa Pan Stream from the outlet of Squa Pan Lake to its confluence with 
the Aroostook River - Class C. 
(k) Limestone Stream from the Long Road bridge to the Canadian border -
Class C. 
(l) Beaver Brook and its tributaries (T.14 R.6 W.E.L.S., T.14 R.5 W.E.L.S., 
T.13 R.5 W.E.L.S., Portage Lake, Ashland, Castle Hill) - Class A. 
(m) 
Gardner Brook and ,its tributaries (T.14· R.5W.E.L.S., T.13 R.5 
W.E.L.S., Wade) - Class A. 
Sec. B. 38 MRSA §467, sub-§15, 'ljF,as amended by PL 2003, c. 317, §18, is 
further amended to read: 
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F. St. John River, minor tributaries, those waters lying within the State - Class A 
unless otherwise specified. 
(1) Except as otherwise classified, all minor tributaries of the St. John River 
entering below the international bridge in Fort Kent, those waters lying within the 
State - Class B. 
(2) Baker Branch, from the headwaters at the St. John Ponds to its confluence 
with the Southwest Branch - Class AA. 
(3) Big Black River, from the international boundary to its confluence with the 
st. John River - Class AA. 
(4) Northwest Branch, from the outlet of Beaver Pond in T.12, R.17, W.E.L.S. to 
its confluence with the st. John River - Class AA. 
(5) Presti Ie Stream from its source to Route lA in Mars Hill- Class A. 
(6) 
Southwest Branch, from a point located 5 miles downstream of the 
international boundary to its confluence with the Baker Branch - Class AA. 
(7) Violette Stream and its tributaries, from its source to the confluence with 
Caniba Brook - Class A. 
Sec. 14. 38 MRSA §467, sub-§16, ~, as amended by PL 1999, c. 277, §22, is 
further amended to read: 
B. Salmon Falls River, tributaries, those waters lying within the State - Class B 
unless otherwise specified. 
(1) Chicks Brook (South Berwick, York) - Class A. 
(2) Little River and its tributaries (Berwick, North Berwick, Lebanon) - Class A. 
Sec. 15. 38 MRSA §468, sub-§I, ~A-l is enacted to read: 
A-I. Cape Elizabeth. 
(1) Trout Brook, those waters that form the town boundary with South Portland -
Class C. 
Sec. 16. 38 MRSA §468, sub-§I, CfiB, as repealed and replaced by PL 1989, c. 
764, §21, is amended to read: 
B. Portland. 
(1) All minor drainages unless otherwise specified - Class C. 
(2) Stroudwater River from its origin to tidewater, including all tributaries -
Class B. 
Sec. 17. 38 MRSA §468, sub-§I, ~C, as repealed and replaced by PL 1989, c. 
764, §21, is amended to read: 
C. Scarborough. 
(1) All minor drainages - Class C unless otherwise specified. 
(2) Finnard Brook -Class B. 
(3) Stuart Brook - Class B. 
(4) Nonesuch River from the headwaters tOa point 112 mile downstream of 
. Mitchell Hill Road crossing -Class B. 
(5) Stroudwater River from its origin to tidewater, including all tributaries -
Class B. 
Sec. 18. 38 MRSA §468, sub-§I, EflD, as repealed and replaced by PL 1989, c. 
764, §21, is amended to read: 
D. South Portland. 
(1) All minor drainages - Class C. 
(2) Trout Brook downstream of the first point where the brook becomes the town 
. boundary between South Portland and Cape Elizabeth - Class C. 
Sec. 19. 38 MR.SA §468, sub-§4, ~ 
is enacted to read: 
D. Bristol. 
(1) Pemaquid River and its tributaries, all freshwater sections below Pemaquid 
Pond - Class A. 
Sec. 20. 38 MRSA §468, sub-§7, EflD is enacted to read: 
D. Black Brook in Lincolnville - Class A. 
Sec. 21. 38 MRSA §468, sub-§7, ~ 
is enacted to read: 
E. Kendall Brook in Lincolnville - Class A. 
Sec. 22. 38 MRSA §468, sub-§7, ~ 
is enacted to read: 
F. Tucker Brook in Lincolnville - Class A. 
Sec. 23. 38 MRS A §469, sub-§5, ~, as enacted by PL 1989, c. 764, §27, is 
amended to read: 
B. Phippsburg. 
(1) Tidal waters east of longitude 69'-50'-05" W. and west of longitude 69'-47'-
00" W. - Class SA. 
(2) Tidal waters of The Basin, including The Narrows east of a line drawn 
between 69'-51'-57" W. and 43'-48'~14" N. - Class SA 
Sec. 24. 
Report concerning procedures for reclassification. 
The 
Department of Environmental Protection shall review. the current procedures for 
reclassification contained in the Maine Revised Statutes, Title 38, section 464, subsection 
and suggest any changes or clarifications needed to make to the procedures more 
consistent and efficient while maintaining a full public review process. 
The 
recommendations may include draft legislation. The report must be submitted to the Joint 
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Standing Committee on Natural Resources by January 15, 2010 and the committee may 
submit legislation related to this report to the Second Regular Session of the 124th 
Legislature. 
SUMMARY 
This bill does the following. 
1. It adds a condition in the water classification law that allows the Legislature to 
make classification changes and set effective dates for those changes. 
It allows the 
commissioner to make changes in management to allow water quality to attain the neW 
classification by an effective date determined by the Legislature. 
2. It upgrades the classification of Abbott Brook and tributaries in Lincoln Plantation 
from Class A to Class AA. 
3. It upgrades the classification of Aunt Hannah Brook and its tributaries in Dixfield 
from Class B to Class A. 
4. 
It upgrades the classification of the Kennebec River from downstream of the 
Shawmut Dam to the confluence with Messalonskee Stream, excluding impoundments, 
from Class C to Class B. 
5. It upgrades the classification of tidal sections of tributaries entering the Kennebec 
River between the Sidney, Vassalboro and Augusta town line and a line drawn across the 
tidal estuary of the Kennebec River due east of Abagadasset Point from Class C to Class 
B, except that the tidal section ofthe Eastern River would remain class C. 
6. It upgrades the classification of Alder Stream and its tributaries from Class B to 
Class A and upgrades tributaries to Seboeis Stream from Class B to Class A. 
7. Itupgrades the classification of selected tributaries of Souadabscook Stream from 
Class B to Class A. It also upgrades the classification of tributaries to Mattamiscontis 
Stream from Class B to Class A. 
8. It upgrades the classification of Crooked River at Scribners Mill from A to AA. 
9. It upgrades the classification of South River and its tributaries from Class B to 
Class A. 
10. It clarifies the Maine Revised Statutes, Title 38, section 467, subsection 13, 
paragraph A to recognize that the ecological functioning of the described section of the 
St. Croix River is more similar to a great pond than a river. The classification would be 
changed from Class B to Class GPA. 
11. It changes the landmark used t6 designate the classification change from Class A 
to Class B on the st. John River. 
12. It upgrades the classification of Beaver Brook and its tributaries in T.14 R.6 
W.E.L.S., T.14 R.5 W.E.L.S., T.13 R.5 W.E.L.S., Portage Lake, Ashland, Castle Hill 
from Class B to Class A. It also upgrades the classification Of Gardner Brook and its 
tributaries in T.14 R.5 W.E.LS., T.13 R.5W.E.L.S. and Wade from Class B to Class A. 
13. It upgrades the classification of Violette Stream and its tributaries from its source 
to the confluence with Caniba Brook from Class B to Class A. 
14. It upgrades the classification of the Little River and its tributaries in Berwick, 
North Berwick and Lebanon from Class B to Class A .. 
15. It clarifies that th~ segment of Trout Brook that serves as the town border 
between Cape Elizabeth and South Portland is Class C. 
16. It clarifies that all of Stroud water River in Portland, including its tributaries, is 
Class B. 
17. 
It upgrades the classification of the upper reaches of the Nonesuch River to a 
point 112 mile downstream of Mitchell Hill Road crossing from Class C to Class Band 
upgrades the Stroudwater River and its tributaries in Scarborough to Class B. 
18. It clarifies that Trout Brook downstream of the first point where the brook 
becomes the town boundary between South Portland and Cape Elizabeth is Class C. 
19. It upgrades the Pemaquid River in Bristol, including tributaries, below Pemaquid 
Pond from Class B to Class A. 
20. It upgrades the classification of Black Brook, Kendall Brook and Tucker Brook 
in Lincolnville from Class B to Class A. 
21. 
It upgrades the classification of tidal waters of The Basin, including The 
Narrows, east of a line drawn between 69'-51'-57" W. and 43'-48'-14" N. from Class SB 
to Class SA. 
22. It provides for a report to the Joint Standing Committee on Natural Resources 
from the Department of Environmental Protection by January 15, 2010 concerning a 
review of reclassification procedures. 
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