Resolve, To Further Protect Lake Water Quality
Maine Legislature, Session 127, LD 0713
Committee: Environment and Natural Resources
Sponsors: HILLIARD, SAVIELLO, BLACK

Legislative Document 
No. 713 
H.P. 489 
House of Representatives, March 5, 2015 
Resolve, To Further Protect Lake Water Quality 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HILLIARD of Belgrade. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representative: BLACK of Wilton. 
Sec. 1.  Department of Environmental Protection; shoreland zoning rules.  
Resolved:  That the Department of Environmental Protection shall, as soon as 
practicable, amend its Rule Chapter 1000: Guidelines for Municipal Shoreland Zoning 
Ordinances in effect on the effective date of this resolve to reflect the following changes: 
1.  The rules must require that all new principal and accessory structures using solid 
wall foundations be set back at least 112 feet, horizontal distance, from the normal high-
water line of great ponds classified GPA, rivers that flow to great ponds classified GPA, 
the upland edge of any wetland contiguous to great ponds classified GPA and the upland 
edge of any wetland contiguous to rivers that flow to great ponds classified GPA; 
2.  The rules must require that one of the following methods of phosphorus mitigation 
be employed if the footprint of any structure is enlarged within the setback area: 
A.  The retention of an existing undisturbed natural wooded buffer strip between the 
structure and the water body at least 50 feet in depth; 
B.  The creation of a 50-foot natural wooded buffer strip by allowing a 50-foot strip 
of land to revert to natural vegetation.  The rules must require natural woody 
vegetation to be planted within the strip if lacking; or 
C.  The construction of an infiltration system designed to accommodate the runoff 
from the entire structure that would be generated by a 24-hour, 2-inch rainfall.  The 
rules must require that this system be approved by a code enforcement officer prior to 
construction; and 
3.  The rules must require that the following provisions be met for the location of 
wells within the setback area: 
A.  The access corridor for equipment does not exceed 20 feet in width and follows 
any existing or proposed footpath.  The rules must require that a code enforcement 
officer approve expansion of the 20-foot limit, but only to the minimum extent 
necessary to provide reasonable access for equipment; 
B.  All slag is removed from the ground, no erosion occurs as a result of construction 
and no sediment enters any adjacent body of water as a result of construction; and 
C.  All areas not covered by the footpath are immediately stabilized and fully 
revegetated within 9 months; and be it further 
Sec. 2.  Stakeholder group; report.  Resolved:  That the Commissioner of 
Environmental Protection shall convene a stakeholder group to conduct a study regarding 
the Department of Environmental Protection's Rule Chapter 1000: Guidelines for 
Municipal Shoreland Zoning Ordinances in effect on the effective date of this resolve.  
The commissioner or the commissioner's designee shall serve as chair of the stakeholder 
group and, at a minimum, invite the participation of representatives of lake associations, 
municipalities, real estate brokers and developers, foresters and environmental protection 
advocacy organizations.  The department shall provide staffing support to the stakeholder 
group.  The stakeholder group shall review the department's shoreland zoning rules in 
effect between January 1, 2005 and the effective date of this resolve to evaluate the 
effectiveness of those rules in protecting and preserving the habitat, environment and 
resources within the shoreland zone and in regulating land use activities within the 
shoreland zone and may develop recommendations for amending the shoreland zoning 
rules in effect on the effective date of this resolve to better preserve and protect resources 
and regulate activity within the shoreland zone.  The commissioner shall report the 
stakeholder group's findings and recommendations, including any proposed implementing 
legislation, to the Joint Standing Committee on Environment and Natural Resources by 
January 1, 2016.  The committee may report out a bill relating to those recommendations 
to the Second Regular Session of the 127th Legislature. 
SUMMARY 
This resolve directs the Department of Environmental Protection to, as soon as 
practicable, amend its Rule Chapter 1000: Guidelines for Municipal Shoreland Zoning 
Ordinances in effect on the effective date of this resolve to reflect a number of changes, 
including changes to setbacks for new principal and accessory structures, phosphorus 
mitigation requirements in conjunction with the expansion of the footprint of a structure 
within the setback area and requirements for the location of wells within the setback area.  
The resolve also directs the Commissioner of Environmental Protection to convene a 
stakeholder group to conduct a study regarding the effectiveness of the department's 
shoreland zoning rules since January 1, 2005 and to report its findings and any 
recommendations for legislation to the Joint Standing Committee on Environment and 
Natural Resources by January 1, 2016.  The committee may report out a bill relating to 
those recommendations to the Second Regular Session of the 127th Legislature.