An Act To Foster Economic Development by Improving Administration of the Laws Governing Site Location of Development and Storm Water Management
Maine Legislature, Session 125, LD 0159
Committee Amendment CA_A_S139 (Senate)
Amends: 38 MRSA §420-D, 38 MRSA §484, 38 MRSA §489-E

COMMITTEE AMENDMENT" A" to S.P. 52, L.D. 159, Bill, "An Act To Foster 
Economic Development by Improving Administration of the Laws Governing Site 
Location of Development and Storm Water Management" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRS A §420-D, sub-§7, ~ 
is enacted to read: 
H. Trail management activities that are part of the development and maintenance of 
the statewide snowmobile trail system developed as part of the Maine Trails System 
under Title 12, section 1892, including new construction and maintenance of trails, 
do not require review pursuant to this section if, for each trail being managed: 
(1) The trail is constructed and maintained in accordance with best management 
practices for motorized trails established by the Department of Conservation; 
(2) The trail is the minimum feasible width for its designated use; and· 
(3) No lane exceeds 12 feet in width and no trail includes more than 2 lanes. 
Sec. 2. 38 MRSA §420-D, sub-§9, as amended by PL 2009, c. 602, § 1, is further 
amended to read: 
9. Rules. Pdtl:es With the exception of minor clerical corrections and technical 
clarifications that do not alter the substance of requirements applying to projects, rules 
adopted pursuant to this section after January 1, 2010 and before January 1, 2012 are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Any rules 
adopted by the department pursuant to this section on or after January 1,2012 are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2 A, except that those rules 
that qualify as state mandates pursuant to the Constitution of Maine, Article IX, Section 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2 l'L 
Sec. 3. 38 MRSA §484, sub-§3, ~H is enacted to read: 
COMMITTEE AMENDMENT 
\\.0'9. 
COMMITTEE AMENDMENT" A" to S.P. 52, L.D. 159 
H. In making a determination under this subsection regarding a development's effects 
on significant vernal pool habitat, the department shall apply the same standards 
applied to significant vernal pool habitat under rules adopted pursuant to the Natural 
Resources Protection Act. The department may not require a buffer strip adjacent to 
significant vernal pool habitat unless the buffer strip is established for another 
protected natural resource as defined in section 480-B, subsection 8. 
Sec. 4. 38 MRSA §489-E, as enacted by PL 2009, c. 602, §3, is repealed and the 
following enacted in its place: 
§489-E. Rulemaking 
Rules adopted by the department pursuant to this article are routine technical rules 
except that rules adopted by the department after January 1, 2010 pursuant to section 484, 
subsections 1, 3, 4, 4-A, 5, 6 and 7 are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 5. High and moderate value waterfowl and wading bird habitat; 
rulemaking. 
The Department of Environmental Protection shall amend its rules 
concerning permit by rule under the Natural Resources Protection Act to allow an activity 
occurring in, on or over high and moderate value waterfowl and wading bird habitat to be 
eligible for permit by rule. Rules adopted pursuant to this section are major substantive 
rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 6. High and moderate value waterfowl and wading bird habitat. The 
Joint Standing Committee on Environment and Natural Resources may report out a bill 
relating to high and moderate value waterfowl and wading bird habitat to the Second 
Regular Session of the 125th Legislature.' 
SUMMARY 
This amendment: 
1. Exempts trail management activities from review under the laws governing storm 
water management on snowmobile trails developed as part of the Maine Trails System 
under the Maine Revised Statutes, Title 12, section 1892; 
2. Retains the provision in the bill that provides that rules adopted by the Department 
of Environmental Protection after January 1, 2010 pursuant to the laws governing storm 
water management are major substantive rules, with certain limited exceptions in the 
rules governing storm water management for minor clerical corrections and technical 
clarifications; 
3. Narrows the provision in the bill that proposes to create consistency between the 
laws governing site location of development and the Natural Resources Protection Act in 
standards pertaining to a development's effects on existing uses, scenic character and 
protected natural resources. The amendment requires the Department of Environmental 
Protection to apply the standards adopted in rule pursuant to the Natural Resources 
Protection Act for significant vernal pool habitat to significant vernal pool habitat 
reviewed under the laws governing the site location of development. It prohibits the 
department from requiring a buffer strip adjacent to significant vernal pool habitat under 
COMMITTEE AMENDMENT 
f\. at S. 
COMMITTEE AMENDMENT" A "to S.P. 52, L.D. 159 
the laws governing site location of development unless the buffer strip is established for 
another protected natural resource; 
4. Retains the provision in the bill that provides that rules related to standards for 
development adopted by the Department of Environmental Protection after January 1, 
2010 pursuant to the laws governing site location of development are major substantive 
rules, except for standards for blasting and wind energy development or offshore wind 
power projects; 
5. 
Directs the Department of Environmental Protection to adopt rules to allow 
activities in, on or over high and moderate value waterfowl and wading bird habitat to be 
eligible for permit by rule under the Natural Resources Protection Act; 
6. Authorizes the Joint Standing Committee on Environment and Natural Resources 
to report out a bill relating to high and moderate value waterfowl and wading bird habitat 
to the Second Regular Session of the 125th Legislature; and 
7. 
Strikes the provisions in the bill that revise the thresholds for review by the 
Department of Environmental Protection pursuant to the laws governing site location of 
development. 
FISCAL ~OTE REQUIRED 
, 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/11 
?¥ac=. 
LD 159 
LR 665(02) 
An Act To Foster Economic Development by Improving Administration of the Laws Governing Site 
Location of Development and Storm Water Management 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" S-13'i 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Any costs associated with rule-making to allow activities in, on or over high and moderate value waterfowl and 
wading bird habitat to be eligible for permit by rule processes under the Natural Resources Protection Act will result 
in minor cost increases which the Department of Environmental Protection can absorb within existing budgeted 
resources and a minor revenue increase in the form of some additional permit application fees. 
LR0665(02) - Fiscal Note - Page 1 of 1