An Act Regarding Working Waterfront Projects
Maine Legislature, Session 126, LD 0470
Committee Amendment CA_A_H302 (House)
Amends: 38 MRSA §439-A, 38 MRSA §480-B

COMMITTEE AMENDMENT "A" to H.P. 320, L.D. 470, Bill, "An Act 
Regarding Working Waterfront Projects" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §439-A, sub-§6, as amended by PL 2007, c. 292, §22, is 
further amended to read: 
6. Clearing of vegetation. Within the shoreland area, municipal ordinances sfl.a.ll 
must provide for effective vegetative screening between buildings and shorelines. 
Notwithstanding any provision in a local ordinance to the contrary~ vegetative screening 
requirements shalt must be no less restrictive than the foHowing: 
A. Within a strip extending 100 feet inland from the normal high-water line of a 
great pond classified as GP A under section 465-A or a river that flows to a great pond 
classified as GPA under section 465-A or within a strip extending 75 feet inland from 
the normal high-water line of other water bodies or the upland edge of a wetland, 
there shall may be no cleared opening or openings, exoept for approved oonstruotion, 
greater than 250 square feet and a well-distributed stand of vegetation shall must be 
retained. The restrictions in this paragraph do not apply to the construction of a 
structure or the establishment of a land use within 75 feet of the normal high-water 
line of a water body or upland edge of a wetland that is specifically allowed by 
municipal ordinance in a general development district, commercial fisheries· and 
maritime activities district or other equivalent zoning district approved by the 
commissioner; 
B. Within a shoreland area zoned for resource protection abutting a great pond there 
shalt may be no cutting of vegetation within the strip of land extending 75 feet inland 
from the normal high-water line except to remove safety hazards; and 
C. Seleotive Except as otherwise provided in this paragraph, selective cutting of no 
more than 40% of the total volume of trees ~ 1. inches or more in diameter, 
measured at 4 112 feet above ground level, is allowed in any 10-year period. as lone 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A .. to H.P. 320, L.D. 470 
as a 'Nell distribl:1ted stand of trees and other nat\:H"aJ vegetation remains. 
Rules 
adopted by the board may allow for 70% of a lot to be non vegetated in a general 
development district. commercial fisheries and maritime activities district or other 
equivalent zoning district approved by the commissioner. 
S 
The board may adopt more restrictive guidelines consistent with the purposes of this 
subchapter, which shalJ. must then be incorporated into local ordinances. 
Sec. 2. 38 MRSA §439-A, sub-§6-A is enacted to read: 
6-A. Clearing of vegetation; exception. The following exceptions to the standards 
governing the clearing of vegetation apply. 
A. The standards in subsection 6, paragraphs A and C do not apply to properties that 
are located within areas designated as commercial fisheries and maritime activities 
districts or other equivalent zoning districts approved by the commissioner that 
support commercial fisheries and maritime activities if: 
(1) The commissioner determines that special local conditions exist and a local 
municipal ordinance is approved in accordance with section 438-A, subsection 3; 
and 
(2) The districts are in existence at the time this subsection becomes effective. 
B. The standards in subsection 6, paragraphs A and C and any standards related to 
the clearing of vegetation contained in a municipal ordinance enacted in accordance 
with section 438-A, subsection 3 do not apply to remediation activities that are 
necessary to clean up contamination on a site in a general development district, 
commercial fisheries and maritime activities district or other equivalent zoning 
district approved by the commissioner that is part of a state or federal brownfields 
program or a voluntary response action program under section 343-E and that is 
located along: 
(1) A coastal wetland; or 
(2) A river that does not flow to a great pond classified as GPA under section 
465-A. 
Sec. 3. 38 MRSA §480-B, sub-§§l1 and 12 are enacted to read: 
11. Working waterfront activity. "Working waterfront activity" means an activity 
that qualifies a parcel of land as working waterfront land. "Working waterfront activity" 
includes commercial fishing activities; commercial boat building and repair; commercial 
hauling, launching, storage and berthing of boats; marine construction; marine freight and 
passenger transportation; and other similar commercial activities that are dependent on 
the waterfront. As used in this subsection, "commercial fishing activities" has the same 
meaning as in Title 36, section 1132, subsection 3. 
12. Working waterfront land. "Working waterfront land" means a parcel of land, 
or a portion thereof, abutting water to the head of tide, land located in the intertidal zone 
or submerged land that is used primarily or predominantly to provide access to or support 
the conduct of a working waterfront activity. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .,4" to H.P. 320, L.D. 470 
Sec. 4. 38 MRSA §480-BB, sub-§2, ~, as enacted by PL 2011, c. 362, § 1, is 
amended to read: 
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 timeframe~~ 
Sec. 5. 38 MRSA §480-BB, sub-§2, ~C is enacted to read: 
C. Rules adopted under this section may not require an applicant for a license for a 
working waterfront activity on working waterfront land that is part of a state or 
federal brownfields program or a voluntary response action program under section 
343-E to compensate for lost habitat function with a function of equal or greater 
value or to provide a compensation fee pursuant to section 480-Z; I 
SUMMARY 
This amendment replaces the bill. It amends the standards for clearing of vegetation 
in the laws governing shoreland zoning and provides exceptions to those standards. It 
amends the Natural Resources Protection Act by amending the definition in the bill of 
"working waterfront activity" and exempting from compensation requirements working 
waterfront activities on working waterfront land that is part of a brownfields program or a 
voluntary response action program. 
FISCAL :'IOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: OS/23/13 frac. 
LD470 
LR556(02) 
An Act Regarding Working Waterfront Projects 
Fiscal Note for Bill as Amended by Committee AmendmentA" ( H -3lJi) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs incurred by the Department of Environmental Protection related to rulemakirig activities 
addressing clearing of vegetation in certain districts located in the shoreland zone and the department's consideration 
of special vegetation clearing exceptions can be absorbed within existing budgeted resources. 
LR0556(02) - Fiscal Note - Page 1 of 1