An Act To Amend Setback Requirements and Standards Related to Species Migration under the Laws Regulating Development near Vernal Pools
Maine Legislature, Session 127, LD 0153
Committee: Environment and Natural Resources
Sponsors: CAMPBELL, SAVIELLO, DUCHESNE, HARLOW, NADEAU, POULIOT, RYKERSON, TUELL, MASON, THIBODEAU
Amends: 38 MRSA §480-B

Legislative Document 
No. 153 
H.P. 111 
House of Representatives, January 27, 2015 
An Act To Amend Setback Requirements and Standards Related to 
Species Migration under the Laws Regulating Development near 
Vernal Pools 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CAMPBELL of Orrington. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: DUCHESNE of Hudson, HARLOW of Portland, NADEAU of Winslow, 
POULIOT of Augusta, RYKERSON of Kittery, TUELL of East Machias, Senators: MASON 
of Androscoggin, President THIBODEAU of Waldo. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §480-BB, sub-§1-A is enacted to read: 
1-A.  Significant vernal pool habitat.  In the case of significant vernal pool habitat, 
define an area of regulation that encompasses a fixed radial area around the vernal pool 
depression and allow for use of an alternative directional corridor area with a value to the 
protected species that is equal to or greater than that of the fixed radial area.  The 
Department of Environmental Protection may approve the alternative directional corridor 
area as the area of regulation instead of the fixed radial area if: 
A.  An applicant for a permit under this article requests that an alternative directional 
corridor area be the area of regulation of the vernal pool; 
B.  The applicant provides to the department habitat data relating to the vernal pool 
and surrounding area demonstrating that use of an alternative directional corridor area 
would provide habitat protection value equal to or greater than would the use of the 
fixed radial area.  The data must be developed by a professional with experience and 
training in either wetland ecology or wildlife ecology; and 
C.  The department determines that, based on the best available science, the 
alternative directional corridor area would provide habitat protection value equal to or 
greater than would the fixed radial area. 
An alternative directional corridor area must include, at a minimum, a functional water 
quality buffer around the vernal pool depression.  The rules must specify the regulatory 
process and standards for obtaining a permit in an alternative directional corridor area 
approved by the department.  If an applicant requests that an alternative directional 
corridor area be the area of regulation and the department does not approve an alternative 
directional corridor area, the fixed radial area is the area of regulation and the applicant 
may apply to obtain a permit to conduct an activity in, on or over that area of regulation 
in accordance with the process and standards applicable to the fixed radial area. 
SUMMARY 
This bill requires the Department of Environmental Protection and the Department of 
Inland Fisheries and Wildlife to adopt rules regarding significant vernal pool habitats to 
define a fixed radial area of regulation around a vernal pool depression and allow for an 
alternative directional corridor area of regulation.  Use of an alternative directional 
corridor area would have to be requested by the applicant, who must demonstrate to the 
Department of Environmental Protection that the use of an alternative directional corridor 
area would provide habitat protection value equal to or greater than would the fixed radial 
area of regulation.  Department of Environmental Protection rules must specify the 
regulatory process and standards for obtaining a permit in an alternative directional 
corridor area.