An Act To
Maine Legislature, Session 126, LD 1490
Committee Amendment CA_B_S212 (Senate)
Amends: 38 MRSA §439-A

F'IRST REGULAR SESSION 
COMMITTEE AMENDMENT ".8" to S.P. 555, L.D. 1490, Bill, "An Act To 
Amend the Mandatory Shore land Zoning Laws" 
Amend the bill in section 7 in subsection 12 in the last line (page 2, line 20 in L.D.) 
by inserting after the following: "fences" the following: 'and poles and wiring and other 
aerial equipment nonnally associated with service drops, including guy wires and guy 
anchors' 
Amend the bill in section 7 in subsection 12 in the last line (page 2, line 20 in L.D.) 
by inserting after the following: "located." the following: 'As used in this subsection, 
"service drop" has the same meaning as in section 952.' 
Amend the bill by striking out all of sections 11 and 12 and inserting the following: 
'Sec. 11. 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 shore land area, municipal ordinances shall 
must provide for effective vegetative screening between buildings and shorelines. 
Notwithstanding any provision in a local ordinance to the contrary", vegetative screening 
requirements shall must be no less restrictive than the following: 
A. Within a strip extending 100 feet inland from the normal high-water line of a 
great pond classified as GPA 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, exeeflt for a~~ro'led eOHstmetioH, 
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; 
COMM'ITTEE AMENDMENT 
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COMMITTEE AMENDMENT'~ to S.P. 555, L.D. 1490 
B. Within a shoreland area zoned for resource protection abutting a great pond there 
shall 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. Seleeti>.te Except as otherwise provided in this paragraph, selective cutting of no 
more than 40% of the total volume of trees ~ :t inches or more in diameter, 
measured at 4 112 feet above ground level, is allowed in any 1O-year period, as long 
as a 'Nell distril:H:lted stand of trees and other nafural v:egetation remains. Rules 
adopted by the board may allow for 70% of a lot to be nonvegetated in a general 
development district, commercial fisheries and maritime activities district or other 
equivalent zoning district approved by the commissioner. 
The board may adopt more restrictive guidelines consistent with the purposes of this 
subchapter, which shall must then be incorporated into local ordinances. 
Sec. 12. 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is a minority report of the committee. This report differs from the 
majority report in that it does not strike the change to the defmition of "height of a 
structure" that is proposed in the bill. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~f) to S.P. 555, L.D. 1490 
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1. It amends the definition of "structure" to exclude poles, wiring and other aerial 
equipment normally associat,;:d with telephone or electrical utility lines. 
2. It amends the standards related to the clearing of vegetation in the laws governing 
shoreland zoning and provides exceptions to those standards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
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Approved: 05/24113 
~c. 
LD 1490 
LR 560(03) 
An Act To Amend the Mandatory Shoreland Zoning Laws 
Fiscal Note for Bill as Amended by Committee Amendment 6 (S -ZJ L) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs incurred by the Department of Environmental Protection for rulemaking and other administrative 
duties related to addressing changes to the mandatory shoreland zoning laws in this bill can be absorbed within 
existing budgeted resources. 
LR0560(03) - Fiscal Note - Page 1 of 1