An Act Relating to Interference with Navigation on Inland Waters
Maine Legislature, Session 124, LD 0415
Committee Amendment CA_A_H304 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 303, L.D. 415, Bill, "An Act Relating 
to Interference with Navigation on Inland Waters" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Regulate Swim Areas on Inland Waters' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA c. 220, sub-c. 10 is enacted to read: 
SUBCHAPTER 10 
REGULA TION OF SWIM AREAS ON INLAND WATERS 
§1900. Swim areas 
1. Definitions. As used in this subchapter, the following tenTIS have the following 
meanings. 
A. 
"Camping area" means, in addition to the generally accepted interpretations, 
lakeshore places, picnic and lunch grounds or other premises where tents or 
recreational vehicles are permitted and licensed under Title 22, section 2495. 
B. "Developed swim area" means an area delineated by line buoys in accordance 
with the aids to navigation system established pursuant to section 1894. 
C. 
"Qualified entity" means a camping area, recreational camp or governmental 
entity or governmentally sponsored group. 
. D. "Recreational camp" means day camps, boys and girls camps and family, hunting, 
fishing and similar camps licensed under Title 22, section 2495. 
E. "Swim line" means a line, rope or a series of buoys used to delineate an area of 
surface water for the purpose of swimming. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H,P, 303, L.D. 415 
F. "Water safety zone" means the area of water within 200 feet of shoreline, whether 
the shoreline of the mainland or of an island. 
2. Property rights. Nothing in this subchapter may be construed to affect private 
property rights or the State's ownership rights over inland waters. 
3. Swim area prohibition. A person may not establish or maintain a swim line or a 
developed swim area without a permit issued under subsection 4. 
A. A person who violates this subsection commits a civil violation for which a fine 
of not less than $100 or more than $500 may be adjudged. 
Each day a person 
violates this subsection is a separate violation. 
B. A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this subchapter within the previous 5-year 
period commits a Class Ecrime. 
4. Issuance of permit. The director may issue a permit only to a qualified entity to 
establish and maintain a developed swim area within the water safety zone designed to 
provide recreational swimming opportunities for the pUblic. 
5. Fee; expiration. Permits issued under subsection 4 expire 5 years after the date 
of issuance. The director shall establish by rule a fee for the permits, except that a 
developed swim area established and operated by the State or a governmental entity or a 
recreational camp may not be charged a fee and its permit does not expire as long as no 
alterations to the developed swim area are made after the permit is issued. 
6. Enforcement. A municipally appointed inland harbor master, code enforcement 
officer or law enforcement officer is primarily responsible for the enforcement of this 
subchapter. 
7. Rules. The director shall adopt rules to implement and carry out the purposes of 
this subchapter. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
CONSERVATION, DEPARTMENT OF 
Boating Facilities Fund 0226 
Initiative: Provides one-time funding for costs associated with posting public notices and 
mailing permits. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$3,200 
$3,200 
COMMITTEE AMENDMENT 
2010-11 
$0 
$0 
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COMMITTEE AMENDMENT'~ "to H.P. 303, L.D. 415 
SUMMARY 
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This amendment replaces the bill and does the following. 
I. It provides that a person may not place or maintain a swim line or developed swim 
area without a permit issued by the Director of the Bureau of Parks and Lands within the 
Department of Conservation. 
2. It provides that the director may issue a permit for a developed swim area only to a 
qualified entity and defines "qualified entity" to mean a camping area, recreational camp 
or governmental entity or governmentally sponsored group. 
3. 
It requires the director to establish by rule a fee for the permits, except that a 
developed swim area established and operated by the State or a governmental entity or a 
II 
recreational camp may not be charged a fee and its permit does not expire as long as no 
alterations to the developed swim area are made after the permit is issued. 
4. It specifies that the provisions of the amendment may not be construed to affect 
private property rights or the State's ownership rights over inland waters. 
'IS 
5. It provides that a municipally appointed inland harbor master, code enforcement 
officer or law enforcement officer has the primary responsibility for enforcement of 
developed swim areas and makes a violation a civil violation for each day a violation 
occurs. After 3 or more violations within a 5-year period, subsequent violations are Class 
E crimes. 
6. It requires the director to adopt routine technical rules. 
7. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/13/09 ;?dac. 
LD 415 
LR 295(03) 
An Act Relating to Interference with Navigation 011 Inland Waters 
Fiscal Note for Bill as Amended by Committee Amendment "Il" 
Committee: Inland Fisheries and Wildlife 
H 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Projections 
Appropriations/Allocations 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
2009-10 
$3,200 
Establishes new Class E crimes; increases correctional and judicial costs 
2010-11 
2011-12 
$0 
$0 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2012-13 
$0 
The bill includes a one-time Other Special Revenue Funds allocation to the Department of Conservation of $3,200 in 
fiscal year 2009-10 for the cost of public notices and mailing permits. Adequate funds exist within the Boating 
Facilities Fund to cover this allocation. 
LR0295(03) - Fiscal Note - Page 1 of 1 
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