An Act To Protect Maine Lakes
Maine Legislature, Session 127, LD 0568
Committee: Environment and Natural Resources
Sponsors: CHIPMAN, McCABE, BREEN, BUCKLAND, CAMPBELL, DUCHESNE, HARLOW, MARTIN, TUCKER, WHITE, GRATWICK
Amends: 38 MRSA §410-L, 38 MRSA §410-M, 38 MRSA §418-B, 38 MRSA §464

Legislative Document 
No. 568 
H.P. 392 
House of Representatives, February 26, 2015 
An Act To Protect Maine Lakes 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CHIPMAN of Portland. 
Cosponsored by Representative McCABE of Skowhegan, Senator BREEN of Cumberland and 
Representatives: BUCKLAND of Farmington, CAMPBELL of Orrington, DUCHESNE of 
Hudson, HARLOW of Portland, MARTIN of Eagle Lake, TUCKER of Brunswick, WHITE of 
Washburn, Senator: GRATWICK of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §410-L, first ¶, as enacted by PL 1997, c. 643, Pt. YY, §1, is 
amended to read: 
The Lakes Assessment and Protection Program is established within the department 
to monitor and protect the health and integrity of the State's lakes through activities 
identified in section 410-M. 
Sec. 2.  38 MRSA §410-M, as amended by PL 2011, c. 655, Pt. EE, §22 and 
affected by §30, is repealed and the following enacted in its place: 
§410-M.  Lakes assessment and protection 
In implementing the Lakes Assessment and Protection Program, the commissioner 
shall ensure that the department: 
1.  Education and technical assistance.  Provides education and technical assistance 
relating to lake functions and values, watershed planning and management, 
implementation of best management practices, effects of cumulative impacts and 
applicable laws and rules; 
2.  Monitoring lakes and conducting research.  Monitors lakes and conducts 
research relating to the ecology and health of lakes, the vulnerability of and risks to lakes, 
the relationship between lake water quality and development, the design and effectiveness 
of best management practices and the effectiveness of efforts to protect lakes.  The 
department shall integrate the use of water quality monitors, academic institutions and 
other lake monitoring resources in monitoring pursuant to this subsection.  The 
department shall make data collected pursuant to this subsection and the department's 
analysis of the data regularly available on its publicly accessible website and through 
other outreach resources.  The department shall include the data and analysis in the report 
submitted to the Legislature pursuant to section 464, subsection 3, paragraph A; 
3.  Compliance monitoring and enforcement.  Promotes and monitors compliance 
with and enforcement of the natural resources protection laws, the mandatory shoreland 
zoning laws, the storm water management laws, the erosion and sedimentation control 
laws and other state and local laws providing standards for the protection of lakes; 
4.  Water quality and habitat protection, restoration and maintenance.  Directs 
and assists with activities that protect, restore and maintain lake water quality and the 
quality of habitat in lakes and on land surrounding lakes that affect the health and 
integrity of lakes.  The department shall develop partnerships pursuant to subsection 5 to 
assist with these activities; and 
5.  Partnerships.  Develops partnerships with lake associations, municipalities, 
businesses, academic institutions, water quality monitors and other interested individuals 
to increase public understanding about risks posed to the health and integrity of lakes and 
actions that can be taken to reduce those risks and sustain lake water quality, including 
informing lakeshore property owners of the value of using best management practices for 
the application of turf pesticides and fertilizers and for reducing nutrient runoff.  To the 
extent possible, the department shall provide technical and financial assistance to partners 
pursuant to this subsection.  A partnership developed pursuant to this subsection may 
assist the department in water quality and habitat protection, restoration and maintenance 
activities pursuant to subsection 4. 
Sec. 3.  38 MRSA §418-B is enacted to read: 
§418-B.  Prohibition on application of fertilizers near great ponds 
1.  Prohibition.  Notwithstanding any other provision of law, a person may not apply 
a fertilizer within 25 feet of the normal high-water line of a great pond.  As used in this 
section, "fertilizer" has the same meaning as in section 419, subsection 1, paragraph A-3. 
2.  Exception.  Subsection 1 does not apply to a fertilizer application for the purpose 
of agriculture.  Nothing in this subsection relieves a person applying a fertilizer for the 
purpose of agriculture from the obligation to comply with all applicable requirements for 
a nutrient management plan in accordance with Title 7, chapter 747.  As used in this 
section, "agriculture" has the same meaning as in section 436-A, subsection 1-B. 
Sec. 4.  38 MRSA §464, sub-§3, ¶A, as affected by PL 1989, c. 890, Pt. A, §40 
and amended by Pt. B, §55, is further amended to read: 
A.    The commissioner shall submit to the first regular session of each Legislature a 
report on the quality of the State's waters which that describes existing water quality, 
identifies waters that are not attaining their classification and states what measures 
are necessary for the attainment of the standards of their classification.  The report 
must include the data and analysis collected and evaluated pursuant to section 410-M, 
subsection 2. 
SUMMARY 
This bill amends the laws governing the Lakes Assessment and Protection Program.  
It also creates a prohibition on the application of fertilizers within 25 feet of the normal 
high-water line of a great pond, with exceptions for persons involved in agriculture.