An Act To Amend the Shoreland Zoning Laws To Exempt Certain Walkways and Trails from Setback Requirements
Maine Legislature, Session 127, LD 0307
Committee: Environment and Natural Resources
Sponsors: DUTREMBLE, FECTEAU, PATRICK, VALENTINO, CHENETTE, GROHMAN, HOBBINS, SEAVEY
Amends: 38 MRSA §439-A

Legislative Document 
No. 307 
S.P. 122 
In Senate, February 10, 2015 
An Act To Amend the Shoreland Zoning Laws To Exempt Certain 
Walkways and Trails from Setback Requirements 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DUTREMBLE of York. 
Cosponsored by Representative FECTEAU of Biddeford and 
Senators: PATRICK of Oxford, VALENTINO of York, Representatives: CHENETTE of Saco, 
GROHMAN of Biddeford, HOBBINS of Saco, SEAVEY of Kennebunkport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §439-A, sub-§4-C is enacted to read: 
4-C.  Exemption from setback requirements for walkways and trails within a 
downtown revitalization project.  In accordance with the provisions of this subsection, 
a municipality may adopt an ordinance that exempts pedestrian walkways and trails from 
the water and wetland setback requirements otherwise applicable under this section. 
A.  Notwithstanding subsection 4, a municipality may adopt an ordinance pursuant to 
this subsection that exempts a pedestrian walkway or trail from the otherwise 
applicable water or wetland setbacks if the following requirements are met: 
(1)  The walkway or trail is adjacent to a segment of a river that is located within 
the boundaries of a downtown revitalization project; 
(2)  If cantilevered over a segment of river, the walkway or trail does not extend 
over the river more than 10 feet from the normal high-water line; 
(3)  If cantilevered over a segment of river, the walkway or trail is attached to a 
structure that was constructed prior to 1971 and is located within a downtown 
revitalization project; 
(4)  If the walkway or trail is cantilevered over a segment of river, the municipal 
planning board has determined there is no other practical means to construct the 
walkway or trail without cantilevering over that segment of the river.  If there are 
no other practical means to construct the walkway or trail, approaches to the 
cantilevered walkway or trail may also cantilever off adjacent retaining walls but 
no more than is necessary to access the cantilevered walkway or trail; and 
(5)  The walkway or trail is publicly owned and maintained as evidenced by a 
legally recorded deed or easement. 
B.  A downtown revitalization project under this subsection must be defined in a 
project plan approved by the legislative body of the municipality and may include the 
revitalization of buildings formerly used as mills that do not meet the water or 
wetland setback requirements in subsection 4. 
C.  Except for the water and wetland setback requirements in subsection 4, a 
walkway or trail that meets the requirements of this subsection must meet all other 
state and local permit requirements and comply with all other applicable rules. 
SUMMARY 
This bill exempts the construction of a walkway or trail from certain water and 
wetland setback requirements if the walkway or trail will be adjacent to a segment of a 
river located within a downtown revitalization project and the walkway or trail meets 
other specified requirements.