An Act To Help Small Businesses and Promote Tourism by Allowing the Construction of a Platform, Walkway or Deck over a River or Marshland
Maine Legislature, Session 126, LD 0596
Committee: Environment and Natural Resources
Sponsors: PARRY, DUTREMBLE, BEAUDOIN, BENNETT, CASAVANT, CHENETTE, ROCHELO, VEROW, COLLINS, SAVIELLO
Amends: 38 MRSA §480-B

Legislative Document 
No. 596 
H.P. 415 
House of Representatives, February 21, 2013 
An Act To Help Small Businesses and Promote Tourism by 
Allowing the Construction of a Platform, Walkway or Deck over a 
River or Marshland 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PARRY of Arundel. 
Cosponsored by Senator DUTREMBLE of York and 
Representatives: BEAUDOIN of Biddeford, BENNETT of Kennebunk, CASAVANT of 
Biddeford, CHENETTE of Saco, ROCHELO of Biddeford, VEROW of Brewer, Senators: 
COLLINS of York, SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §480-BB, sub-§2, ¶B, 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. 2.  38 MRSA §480-BB, sub-§2, ¶C is enacted to read: 
C.  A proposal by a unit of local government to provide a wooden viewing platform, 
not to exceed 300 square feet in area, or a wooden pedestrian boardwalk, not to 
exceed 6 feet in width, over a river or marshland, or a proposal by a unit of local 
government for an elevated wooden or metal deck, not to exceed 750 square feet in 
area, cantilevered over a river or marshland for which no more than 4 new pilings, or 
the fewest number required for safety, would be installed in the river or marshland 
below the deck, proposed as part of a downtown revitalization project, even if the 
deck would be privately owned or operated, is not subject to regulation under this 
section if approval is first obtained by an affirmative vote of a municipal referendum.  
Before a referendum may be held, the municipal officers shall hold a public hearing 
noticed in the same manner as that required for calling a special meeting of the 
municipality's legislative body and the municipal officers must find that the project in 
question would not negatively affect any significant wildlife habitat; 
SUMMARY 
This bill provides that construction of a platform or walkway or deck over a river or 
marshland may be exempt from the Department of Environmental Protection's rules 
relative to significant wildlife habitat under certain conditions, including if the affected 
municipal government finds that the platform, walkway or deck would not negatively 
affect any significant wildlife habitat and the project is approved by local referendum.