An Act To
Maine Legislature, Session 125, LD 1031
Committee Amendment CA_A_H281 (House)
Amends: 38 MRSA §480-B

COMMITTEE AMENDMENT "A" to H.P. 765, L.D. 1031, Bill, "An Act To 
Amend the Laws Governing Significant Wildlife Habitat" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §480-BB, sub-§2, as enacted by PL 2005, c. 116, §5, is 
repealed and the following enacted in its place: 
2. 
Certain landowners not subject to regulation. 
Provide the following 
exemptions to regulation. 
A. 
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. 
B. If a vernal pool depression is bisected by a property boundary and a landowner 
proposing to cause an impact does not have permission to enter the abutting property, 
only that portion of the vernal pool depression located on property owned or 
controlled by that landowner may be considered in determining whether the vernal 
pool is significant. A written department determination that a vernal pool is not 
significant pursuant to this paragraph remains valid regardless of time frame; 
Sec. 2. 38 MRSA §480-BB, sub-§4, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
4. Department of Environmental Protection may not assess fine in certain cases. 
Provide that the Department of Environmental Protection may not assess a fine against a 
1 
landowner who acted in accordance with a written field determination if the fine would 
be based solely on information in the written field determination; tm€l 
Sec. 3. 38 MRS A §480-BB, sub-§5, as enacted by PL 2005, c. 116, §5, IS 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 765, L.D. 1031 
5. Process for voluntary identification. Include a process for a landowner to 
voluntarily identify the landowner's land as a significant vernal pool habitat and to 
provide the Department of Inland Fisheries and Wildlife the authority to map the 
significant vernal pool habitat7; and 
Sec. 4. 38 MRSA §480-BB, sub-§6 is enacted to read: 
6. Artificial vernal pool. Explicitly provide that an artificial vernal pool is exempt 
from regulation as long as the vernal pool was not created in connection with a 
compensation project pursuant to section 480-Z. 
Sec. 5. PL 2007, c. 533, §3, sub-§l, ,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 Sf*ing 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 Sf*ing filling 
and before July 31st based on winter, spring and early summer precipitation. 
Sec. 6. Routine technical rules. Notwithstanding the Maine Revised Statutes, 
Title 38, section 480-BB, rules adopted pursuant to this Act are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill. The bill proposes to remove the mapped habitat 
provision in the exemption for forest management activities under the Natural Resources 
Protection Act. The amendment directs the Department of Environmental Protection to 
amend its rules to: 
1. Provide that if a vernal pool depression is bisected by a property boundary, only 
that portion of the vernal pool depression located on the property of the landowner 
proposing to cause an impact may be considered in determining whether the vernal pool 
is significant; 
2. Provide that an artificial vernal pool is exempt from regulation as long as the 
vernal pool was not created in connection with a compensation project; and 
3. Remove seasonal precipitation as a factor in determining that a vernal pool habitat 
is not significant. 
FISCAL .\OTE HEQURED 
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COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/12/11 
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LD 1031 
LR 1522(02) 
An Act 1,'0 Amend the Laws Governing Significant Wildlife Habitat 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue decrease - Other Special Revenue Funds 
Requiring the Department of Environmental Protection (DEP) to amend its rules regarding vernal pools in the manner 
set forth by this bill will result in minor costs which DEP can absorb within existing budgeted resources and a 
negligible reduction in related permit fee application revenues to DEP. 
LR1522(02) - Fiscal Note - Page 1 of 1