An Act To Clarify the Regulation of Impacts to Significant Vernal Pool Habitats under the Natural Resources Protection Act
Maine Legislature, Session 125, LD 0156
Committee: Environment and Natural Resources
Sponsors: RECTOR, HAMPER, COURTNEY, RAYE, ROSEN, SAVIELLO, TRAHAN, McKANE, MOULTON, WEAVER
Amends: 38 MRSA §480-B

Legislative Document 
No. 156 
S.P. 49 
In Senate, January 25, 2011 
An Act To Clarify the Regulation of Impacts to Significant Vernal 
Pool Habitats under the Natural Resources Protection Act 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative HAMPER of Oxford and 
Senators: COURTNEY of York, President RAYE of Washington, ROSEN of Hancock, 
SAVIELLO of Franklin, TRAHAN of Lincoln, Representatives: McKANE of Newcastle, 
MOULTON of York, WEAVER of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §480-BB, sub-§2, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
2.  Certain landowners not subject to regulation.  Provide that a landowner 
proposing to cause an impact on the buffer area defined for a significant vernal pool 
habitat is not subject to regulation pursuant to the rule if the significant vernal pool 
habitat depression is not on property owned or controlled by that landowner.  For 
purposes of this subsection, if the significant vernal pool habitat depression is bisected by 
a property boundary, only that portion of the significant vernal pool habitat depression 
located on property owned or controlled by that landowner may be considered in 
determining whether the landowner is subject to regulation; 
Sec. 2.  PL 2007, c. 533, §3, sub-§1, ¶A is amended to read: 
A.  When a vernal pool habitat has not previously been determined to be significant 
and the Department of Environmental Protection or the Department of Inland 
Fisheries and Wildlife makes a determination concerning whether the vernal pool 
habitat is significant, either department may determine that the vernal pool habitat is 
not significant if: 
(1)  The vernal pool is located in southern Maine and dries out after spring filling 
and before July 15th based on winter, spring and early summer precipitation; or 
(2)  The vernal pool is located in northern Maine and dries out after spring filling 
and before July 31st based on winter, spring and early summer precipitation. 
SUMMARY 
The bill clarifies that a landowner proposing to cause an impact to a significant vernal 
pool habitat is not subject to regulation pursuant to the Department of Environmental 
Protection's vernal pool rules if the significant vernal pool habitat depression is not on 
property owned or controlled by that landowner. 
This bill also clarifies that, when a vernal pool habitat has not previously been 
determined to be significant and the Department of Environmental Protection or the 
Department of Inland Fisheries and Wildlife makes a determination as to its significance, 
the vernal pool habitat is considered to be not significant if it is located in southern Maine 
and dries out after spring filling and before July 15th or if it is located in northern Maine 
and dries out after spring filling and before July 31st.