An Act To Limit the Use of Ropes and Buoys in Swim Areas in Great Ponds
Maine Legislature, Session 127, LD 1225
Committee Amendment CA_A_H307 (House)
Amends: 12 MRSA §1896, 12 MRSA §1900

COMMITTEE AMENDMENT "A "toH.P. 843,L.D.1225,Bill, "An Act To Limit 
the Use of Ropes and Buoys in Swim Areas in Great Ponds" 
Amend the bill by striking out the title and substituting the following: 
'An Act Concerning Swim Area Permits' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §1896, as amended by PL 2001, c. 693, §3 and affected by § 11 
and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §24, is further 
amended to read: 
§1896. Boating Facilities Fund 
There is created within the bureau the Boating Facilities Fund, referred to in this 
subchapter as the "fund." The fund, as funded under Title 36, section 2903-D, subsection 
1, must be available to the director in carrying out the duties of the bureau under this 
subchapter. This fund is a continuous carrying account. The fund also receives fees 
collected under subchapter 10 and is available to the director in carrying out the duties 
specified under subchapter 10. 
Sec. 2. 12 MRSA §1900, sub-§§3 to 5, as enacted by PL 2009, c. 312, §1, are 
amended to read: 
3. Swim area prohibition. A person may not establish or maintain a swim line or a 
developed swim area without a permit issued under subsection 4. 
A. A person who violates this subseetion aofl1fl1#s a aivil violation for v.moo a fiRe 
of not less than $100 or more than $500 may be adjudged. EaOO day a person 
violates this subseation is a separate violation. 
B. A person who violates this subseation after having beeR adjudiaated as having 
aommitted 3 or more aivil violations URder this subOOaflter vlithin the pre"lious 5 year 
period aomnnts a Class B erime. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT /t" to H.P, 843, L.D. 1225 
4. Issuance of permit; revocation. The director may issue a permit to establish and 
maintain a swim line or a developed swim area within the water safety zone only to a 
qualified entity to establish aad maintain a de¥eloped svt'im area 'Nithia the 'Nater safety 
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and only if the swim line or developed swim area is designed solely to provide 
recreational swimming opportunities for the public. 
A. If the director determines, after notice and an opportunity for hearing, that a swim 
line or developed swim area is being used for purposes other than to provide 
recreational swimming opportunities for the pUblic, the director may revoke the 
permit. 
B. If the Commissioner of Inland Fisheries and Wildlife believes that a swim line or 
a developed swim area is being used for purposes other than to provide recreational 
swimming opportunities for the public and is interfering with boating or fishing, the 
commissioner shall notify the director and may request that the permit for the swim 
line or developed swim area be revoked pursuant to paragraph A. 
The length of the area delineated by a swim line or of a developed swim area may not 
exceed 50% of the entire length of the shore frontage of the property from which the 
developed swim area or the area delineated by a swim line extends or 200 feet, whichever 
is greater, except that in no event may the developed swim area or the area delineated by 
a swim line extend beyond' the shore frontage of the property. 
The length of the 
developed swim area or of an area delineated by a swim line must be measured parallel to 
the shore. 
5. Fee; expiration. Permits issued under subsection 4 expire 5 years after the date 
of issuance. The director shall establish by rule a fee for the permits, exeeJ3t that a 
de:veloped S\vim area established aad operated by the State or a goY"erntBeRtal eRtity or a 
reereatioRal eamp may Rot be oh.arged a fee aRd its permit does Rot expire as IORg as RO 
alteratioRs to the d~leloped s'tvim area are made after the permit is issued. All revenues 
from fees must be deposited in the Boating Facilities Fund created under section 1896. I 
SUMMARY 
This amendment, which is the majority report, replaces the bill. This amendment 
modifies the swim area law as follows. It: 
1. Provides that a swim line or developed swim area may not exceed 50% of the 
entire length of the shore frontage of the property from which the developed swim area or 
the area delineated by a swim line extends or 200 feet, whichever is greater, except that in 
no event may the developed swim area or the area delineated by a swim line extend 
beyond the shore frontage of the property. The length of the developed swim area or of 
an area delineated by a swim line must be measured parallel to the shore; 
2. Removes the special penalties for establishing a swim area without a permit. It 
leaves in place the general civil penalty applicable under the Maine Revised Statutes, 
Title 12, section 1806; 
3. Removes the permit fee exemptions for governmental entities and recreational 
camps and requires that all permits expire after 5 years; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ,A "to H.P. 843, L.D. 1225 
4. Provides that permit fee revenues go into the Boating Facilities Fund and may be 
used in administering the swim area law; and 
5. Provides that a permit for a swim line or a developed swim area may be issued 
only if the swim line or developed swim area is designed solely to provide recreational 
swimming opportunities for the public. If the director determines, after notice and 
opportunity for hearing, that a swim line or a developed swim area is being used for 
purposes other than to provide recreational swimming opportunities for the public, the 
director may revoke the permit. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/17/15 hae 
LD 1225 
LR 1902(02) 
An Act To Limit the Use of Ropes and Buoys in Swim Areas in Great Ponds 
Fiscal Note for Bill as Amended by Committee Amendment ;il' {)4,30 7) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Net increase in the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR 1902(02) - Fiscal Note - Page 1 of 1