An Act To Allow Removal of Trees for Shoreline Stabilization Adjacent to Coastal Wetlands under the Natural Resources Protection Act
Maine Legislature, Session 126, LD 1186
Committee: Environment and Natural Resources
Sponsors: CAMPBELL, MASON, BENNETT, JOHNSON, PEASE, WELSH
Amends: 38 MRSA §480-Q

Legislative Document 
No. 1186 
H.P. 830 
House of Representatives, March 26, 2013 
An Act To Allow Removal of Trees for Shoreline Stabilization 
Adjacent to Coastal Wetlands under the Natural Resources 
Protection Act 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CAMPBELL of Orrington. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: BENNETT of Kennebunk, JOHNSON of Eddington, PEASE of Morrill, 
WELSH of Rockport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §480-Q, sub-§23, ¶A, as amended by PL 2003, c. 637, §1, is 
further amended to read: 
A.  The cutting or clearing is subject to the jurisdiction of a municipality pursuant to 
chapter 3, subchapter 1, article 2-B; or 
Sec. 2.  38 MRSA §480-Q, sub-§23, ¶B, as amended by PL 2007, c. 292, §27, is 
further amended to read: 
B.  If the cutting or clearing is not subject to the jurisdiction of a municipality 
pursuant to chapter 3, subchapter 1, article 2-B, vegetation within the adjacent area is 
maintained as follows: 
(1)  There is no cleared opening greater than 250 square feet in the forest canopy 
as measured from the outer limits of the tree crown, except that a footpath may be 
established for the purpose of access to water if it does not exceed 6 feet in width 
as measured between tree trunks and has at least one bend in its path to divert 
channelized runoff; 
(2)  Any selective cutting of trees within the buffer strip leaves a well-distributed 
stand of trees and other natural vegetation. 
(a)  For the purposes of this subparagraph, a "well-distributed stand of trees" 
is defined as maintaining a rating score of 16 or more points in a 25-foot by 
50-foot rectangular area as determined by the following rating system. 
(i)  A tree with a diameter at 4 1/2 feet above ground level of 2.0 to less 
than 4.0 inches has a point value of one. 
(ii)  A tree with a diameter at 4 1/2 feet above ground level of 4.0 inches 
to less than 8.0 inches has a point value of 2. 
(iii)  A tree with a diameter at 4 1/2 feet above ground level of 8.0 inches 
to less than 12.0 inches has a point value of 4. 
(iv)  A tree with a diameter at 4 1/2 feet above ground level of 12.0 or 
more inches has a point value of 8. 
(b)  In applying this point system: 
(i)  The 25-foot by 50-foot rectangular plots must be established where 
the landowner or lessee proposes clearing within the required buffer; 
(ii)  Each successive plot must be adjacent to, but may not overlap, a 
previous plot; 
(iii)  Any plot not containing the required points may have no vegetation 
removed except as otherwise allowed by this subsection; 
(iv)  Any plot containing the required points may have vegetation 
removed down to the minimum points required or as otherwise allowed 
by this subsection; and 
(v)  Where conditions permit, no more than 50% of the points on any 
25-foot by 50-foot rectangular area may consist of trees greater than 12 
inches in diameter. 
(c)  For the purposes of this subparagraph, "other natural vegetation" is 
defined as retaining existing vegetation under 3 feet in height and other 
ground cover and retaining at least 5 saplings less than 2 inches in diameter 
at 4 1/2 feet above ground level for each 25-foot by 50-foot rectangular area.  
If 5 saplings do not exist, the landowner or lessee may not remove any 
woody stems less than 2 inches in diameter until 5 saplings have been 
recruited into the plot; 
(3)  In addition to the requirements of subparagraph (2), no more than 40% of the 
total volume of trees 4.5 inches or more in diameter, measured 4 1/2 feet above 
ground level, is selectively cut in any 10-year period; 
(5)  Tree branches are not pruned except on the bottom 1/3 of the tree as long as 
tree vitality will not be adversely affected; and 
(6)  In order to maintain a buffer strip of vegetation, when the removal of storm-
damaged, diseased, unsafe or dead trees results in the creation of cleared 
openings in excess of 250 square feet, these openings are replanted with native 
tree species unless there is existing new tree growth.; or 
Sec. 3.  38 MRSA §480-Q, sub-§23, ¶C is enacted to read: 
C.  The cutting or clearing is of a shrub, tree or other woody vegetation that has the 
condition of being naturally uprooted or partially uprooted and this condition 
threatens sedimentation in or the stability or erosion of a shoreline of a coastal 
wetland. 
SUMMARY 
This bill exempts from the permit requirements under the Natural Resources 
Protection Act the cutting or clearing of a shrub, tree or other woody vegetation that has 
the condition of being naturally uprooted or partially uprooted and this condition 
threatens sedimentation in or the stability or erosion of a shoreline of a coastal wetland.