An Act To
Maine Legislature, Session 125, LD 1031
Committee Amendment CA_B_H282 (House)
Amends: 38 MRSA §480-B, 38 MRSA §480-C, 38 MRSA §480-E

COMMITTEE AMENDMENT .B" to H.P. 765, L.D. 1031, Bill, "An Act To 
Amend the Laws Governing Significant Wildlife Habitat" 
II 
Amend the bill by stliking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §480-BB, sub-§l, 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 100 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 100-foot-wide zone surrounding the wetland complex; 
and 
C. A buffer zone surrounding a shorebird nesting, feeding or staging area may not 
exceed 100 feet; 
Sec. 2. 38 MRS A §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repealed and the following enacted in its place: 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, 
Page I - 12SLRlS22(03)-1 
COMMITTEE AMENDMENT 
o'fS 
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COMMITTEE AMENDMENT .:13" to H.P. 765, LD. !O3l 
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. 3. 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 
landowner who acted in accordance with a written field determination if the fine would 
be based solely on information in the written field determination; atHi 
Sec. 4. 38 MRS A §480-BB, sub-§5, as enacted by PL 2005, c. 116, §5, is 
amended to read: 
s. 
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 habitat-:-; and 
Sec. s. 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. 6. 38 MRSA §480-CC, sub-§l, ~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 LOO-foot-wide 
surrounding buffer referred to as "the roosting buffer." 
Sec. 7. 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 ~ 
feet of one or more freshwater wetlands that are high or 
moderate value waterfowl and wading bird habitat. 
Sec. 8. 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: 
COMMITTEE AMENDMENT 
Of~ 
~ 
COMMITTEE AMENDMENT:t, to H.P. 765, L.D. 1031 
(1) The vernal pool is located in southern Maine and dries out after spflng filling 
and before July 15th based on ,<,linter, spring and early summer precipitation; or 
(2) The vernal pool is located in northern Maine and dries out after sprffig filling 
and before July 31st based on vlinter,-spHng and early summer precipitation. 
Sec. 9. 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, which is the minority report of the committee, 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 
changes to 100 feet the setback for significant vernal pools, high and moderate value 
inland waterfowl and wading bird habitat and shorebird nesting, feeding and staging 
areas. The amendment also incorporates the provisions of the majority report, which 
direct 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 detennining 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 detennining that a vernal pool habitat 
is not significant. 
FISCAL -'0 n: {{t. \l Li KtJJ 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05117 /11 
~ac.. 
LD 1031 
LR 1522(03) 
An Act To Amend the Laws Governing Significant Wildlife Habitat 
Fiscal Note for Bill as Amended by Committee Amendme~' 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue decrease - General Fund 
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 and instituting a 100 foot setback for significant vernal pools will result in minor costs which DEP 
can absorb within existing budgeted resources and a negligible reduction in permit fee application revenues and 
penalty revenues to the DEP. 
LR1522(03) - Fiscal Note - Page 1 of 1