An Act To Clarify the Natural Resources Protection Act
Maine Legislature, Session 125, LD 0872
Committee: Environment and Natural Resources
Sponsors: COLLINS, THIBODEAU, CHASE, SAVIELLO, THOMAS, BURNS, CEBRA, PARRY, WATERHOUSE
Amends: 38 MRSA §480-B, 38 MRSA §480-C, 38 MRSA §480-E, 38 MRSA §480-I

Legislative Document 
No. 872 
S.P. 276 
In Senate, March 8, 2011 
An Act To Clarify the Natural Resources Protection Act 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator COLLINS of York. 
Cosponsored by Senator THIBODEAU of Waldo, Representative CHASE of Wells and 
Senators: SAVIELLO of Franklin, THOMAS of Somerset, Representatives: BURNS of Alfred, 
CEBRA of Naples, PARRY of Arundel, WATERHOUSE of Bridgton. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, excessive setbacks and buffer zones for significant vernal pool habitat, 
high and moderate value inland waterfowl and wading bird habitat and shorebird nesting, 
feeding and staging areas are preventing landowners from deriving economic benefit 
from developing their land; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
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.  38 MRSA §480-BB, sub-§1, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
1.  Definition of buffer area.  Include a definition of the buffer area to be regulated;.  
For purposes of this section: 
A.  Significant vernal pool habitat consists of a significant vernal pool and that 
portion of the critical terrestrial habitat within 75 feet of the spring or fall high water 
mark of the vernal pool depression; 
B.  High and moderate value inland waterfowl and wading bird habitat consists of an 
inland wetland complex and a 75-foot-wide zone surrounding the wetland complex; 
and 
C.  A buffer zone surrounding a shorebird nesting, feeding or staging area may not 
exceed 75 feet; 
Sec. 2.  38 MRSA §480-CC, sub-§1, ¶A, as enacted by PL 2007, c. 290, §7 and 
affected by §15, is amended to read: 
A.  "Shorebird feeding area" means a shorebird feeding or staging area that is not a 
roosting area.  "Shorebird feeding area" includes a 100-foot-wide 75-foot-wide 
surrounding buffer referred to as "the feeding buffer." 
Sec. 3.  38 MRSA §480-CC, sub-§1, ¶B, as enacted by PL 2007, c. 290, §7 and 
affected by §15, is amended to read: 
B.  "Shorebird roosting area" means a shorebird feeding or staging area that is also a 
roosting area.  "Shorebird roosting area" includes a 250-foot-wide 75-foot-wide 
surrounding buffer referred to as "the roosting buffer." 
Sec. 4.  38 MRSA §480-CC, sub-§2, ¶A, as enacted by PL 2007, c. 290, §7 and 
affected by §15, is amended to read: 
A.  Cutting or removal of vegetation within a roosting buffer is prohibited except as 
approved by the department for: 
(1)  Removal of a safety hazard; 
(2)  Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet 
in width as measured between tree trunks and shrub stems.  The footpath may not 
result in a cleared line of sight to the water; and 
(3)  Cutting or removal of vegetation determined to be necessary by the 
department in order to conduct other activities approved by the department 
pursuant to section 480-C and in accordance with the standards of this article and 
rules adopted pursuant to this article, including but not limited to avoidance, 
minimization and no unreasonable impact.  The department may not approve 
cutting or removal of vegetation for purposes of creating a view unless the 
department in consultation with the Department of Inland Fisheries and Wildlife 
determines there will be no unreasonable impact on the protected resource.; and 
(4)  Cutting or removal of vegetation to allow for grazing areas and access to the 
water for livestock. 
Any cutting or removal of vegetation under this paragraph must be done in 
consultation with and as approved by the Department of Inland Fisheries and 
Wildlife. 
Sec. 5.  38 MRSA §480-CC, sub-§2, ¶B, as enacted by PL 2007, c. 290, §7 and 
affected by §15, is amended to read: 
B.  Cutting or removal of vegetation within a feeding buffer is prohibited except as 
approved by the department for: 
(1)  Cutting or removal of vegetation that meets the vegetative screening 
standards set forth in Title 38, section 439-A, subsection 6.  In interpreting and 
enforcing these standards, the department shall rely upon the department's 
shoreland zoning rules regarding cutting or removal of vegetation for activities 
other than timber harvesting and apply the cutting standards applicable within 75 
feet of a coastal wetland to the entire 100-foot feeding buffer; and 
(2)  Cutting or removal of vegetation determined to be necessary by the 
department in order to conduct other activities approved by the department 
pursuant to section 480-C and in accordance with the standards of this article and 
rules adopted pursuant to this article, including but not limited to avoidance, 
minimization and no unreasonable impact.; and 
(3)  Cutting or removal of vegetation to allow for grazing areas and access to the 
water for livestock. 
This paragraph may not be construed to limit a municipality's authority under home 
rule to adopt ordinances containing stricter standards than those contained in this 
paragraph. 
Sec. 6.  38 MRSA §480-EE, as enacted by PL 2007, c. 290, §9 and affected by 
§15, is amended to read: 
§480-EE.  Significant wildlife habitat criteria; inland open water 
Regardless of its identification on maps as a high or moderate value waterfowl and 
wading bird habitat, an upland area adjacent to a great pond is not considered high or 
moderate value waterfowl and wading bird habitat for purposes of this article unless the 
upland area is within 250 75 feet of one or more freshwater wetlands that are high or 
moderate value waterfowl and wading bird habitat. 
Sec. 7.  38 MRSA §480-II is enacted to read: 
§480-II.  Compensation for lost property value 
Upon application by a landowner, the commissioner shall award financial 
compensation equivalent to the loss in property value attributable to setback or buffer 
zone restrictions imposed under section 480-C if the restrictions are more stringent than 
the restrictions in effect on January 1, 2012.  The amount of compensation may not 
exceed the difference between the value of the property in the absence of the more 
stringent regulation under this article, as determined by the commissioner, and the current 
assessed value of the property.  The determination of the commissioner constitutes final 
agency action under the Maine Administrative Procedure Act. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill changes to 75 feet the setback for significant vernal pool habitat, high and 
moderate value inland waterfowl and wading bird habitat and shorebird nesting, feeding 
and staging areas.  It also provides a mechanism to compensate landowners for the 
property value losses incurred as a result of more stringent setback regulations.