An Act Regarding the Construct_ion or Placement of Decks within the Shore land Zone
Maine Legislature, Session 128, LD 0400
Committee Amendment CA_A_H165 (House)
Amends: 38 MRSA §439-A, 38 MRSA §444

COMMITTEE AMENDMENT "R " to H.P. 291, L.D. 400, Bill, "An Act 
Regarding the Construct_ion or Placement of Decks within the Shore land Zone" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Construction or Placement of Decks and the Temporary 
Storage of Certain Docks within the Shoreland Zone' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec. 1. 38 MRSA §439-A, sub-§10 is enacted to read: 
10. Exemption from setback requirements for certain decks. Notwithstanding 
any provision of law to the contrary, a deck may be constructed or placed within the 
setbacks established pursuant to subsection 4 in accordance with the requirements of this 
subsection. 
A. Except as provided in paragraph B. a deck may be constructed or placed on a tract 
or parcel of land within the setbacks established pursuant to subsection 4 if the 
following requirements are met: 
(1) The deck is for residential use; 
(2) The deck does not exceed 144 square feet in area; 
(3) The deck is not constructed or placed on any area of land with a grade 
exceeding 3%; 
( 4) The deck is constructed or placed on permeable material, including, but not 
limited to. riprap. gravel and mulch; and 
(5) No portion of the deck. including any deck supports. extends over or into the 
water body or wetland. 
B. A deck may not be constructed or placed on a tract or parcel of land within the 
setbacks established pursuant to subsection 4 if the same tract or parcel includes a 
COMMITTEE AMENDMENT 
I' 
(-)1? ~1 
COMMITIEE AMENDMENT"A "to H.P. 291, L.D. 400 
dock that is constructed or placed in or over a water body or wetland on the tract or 
parcel or immediately adjacent to the tract or parcel, regardless of whether the dock is 
for temporary or permanent use. 
Sec. 2. 38 MRSA §444, as amended by PL 2001, c. 40, §2, is further amended by 
adding at the end a new paragraph to read: 
Notwithstanding any provision of law to the contrary or any provision of a local 
ordinance to the contrary, a person who has constructed or placed a dock in or over a 
water body or wetland that remains in or over the water body or wetland for less than 7 
months in any period of 12 consecutive months and is stored on the person's property 
within the setbacks established pursuant to section 439-A, subsection 4 for the remainder 
of the period is not subject to penalties under Title 30-A, section 4452, subsection 3 
relating to the temporary storage.' 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
changes the title and allows the construction or placement of a deck within the setbacks 
established pursuant to the laws governing shoreland zoning as long as certain 
requirements are met. 
The amendment also clarifies that the temporary storage of a 
seasonally used dock within the shoreland zoning setback area is not subject to civil 
penalties associated with the enforcement of local land use laws or ordinances. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/09/17 fe'ac:.. · 
LD 400 
LR 933(02) 
An Act Regarding the Construction or Placement of Decks within the Shoreland Zone 
Fiscal Note for Bill as Amended by Committee Amendment A• C/-J)U,.5) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection from allowing construction or placement of a 
deck within the setbacks established pursuant to the laws governing shoreland zoning provided certain requirements 
are met are anticipated to be minor and can be absorbed within existing budgeted resources.