An Act To Revise the Laws Regarding the Public Trust in Intertidal Lands
Maine Legislature, Session 129, LD 1323
Committee: Agriculture, Conservation and Forestry
Sponsors: DOW, EVANGELOS
Amends: 12 MRSA §571, 12 MRSA §572, 12 MRSA §573

Legislative Document
No. 1323
S.P. 411
In Senate, March 19, 2019
An Act To Revise the Laws Regarding the Public Trust in Intertidal 
Lands
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DOW of Lincoln.
Cosponsored by Representative EVANGELOS of Friendship.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §571, as enacted by PL 1985, c. 782, is amended to read:
§571.  Legislative findings and purpose
The Legislature finds and declares, as have courts in this State, that the intertidal 
lands of the State are impressed with a public trust and that the State is responsible for 
protection of the public's interest in this land have unique public value.  Historic uses 
such as fishing, fowling and navigation remain, to varying degrees, important today, 
depending on the location and character of particular stretches of intertidal land, the ease 
of access to such land and the proximity to population centers.  Other historic uses such 
as lateral passage of individuals, carts and wagons, the movement and grazing of 
livestock and the cutting of salt marsh grasses are little used today.  Still other historic 
uses such as the building of seawalls, jetties and groins, the parking and racing of motor 
vehicles, the storage of small boats and fishing gear and the removal of sand, gravel and 
other materials are often prohibited altogether or closely regulated today.
The Legislature further finds and declares that this public trust is part of the common 
law of Maine and generally derived from the practices, conditions and needs in Maine, 
from English Common Law and from the Massachusetts Colonial Ordinance of 1641-47.  
The public trust is an evolving doctrine reflective of the customs, traditions, heritage and 
habits of the Maine people.  In Maine, the doctrine has diverged from the laws of England 
and Massachusetts. The public trust encompasses those uses of intertidal land essential to 
the health and welfare of the Maine people, which uses include, but are not limited to, 
fishing, fowling, navigation, use as a footway between points along the shore and use for 
recreational purposes. These recreational uses are among the most important to the Maine 
people today who use intertidal land for relaxation from the pressures of modern society 
and for enjoyment of nature's beauty in the 21st century public uses of intertidal land, 
while not excluding most historic uses, cannot be limited to these uses; these uses cannot 
be seen as fixed or static.  Like all legislative and common law principles, public uses of 
intertidal land must evolve with changed conditions and today extend to a wide range of 
recreational and commercial uses, many of which could not even be imagined when 
Maine became a state, much less when the Massachusetts Colonial Ordinance of 1641-47 
was adopted.
The Legislature further finds and declares that the protection of the public uses 
referred to in this chapter is of great public interest and grave concern to the State these 
evolving public uses of intertidal land confer both economic and general welfare benefits 
on the citizens of this State and that mechanisms exist by which these evolving uses and 
benefits can be made secure and regulated as necessary.  Whether the State is seen to be 
acting to discharge its public trust duties with respect to state-owned intertidal land or 
exercising the State’s police power, a power that applies to both publicly held and 
privately held property interests, is a matter of indifference.
Sec. 2.  12 MRSA §572, as enacted by PL 1985, c. 782, is repealed and the 
following enacted in its place:
§572.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Intertidal land.  "Intertidal land" means land intermittently flooded by action of 
the tides, lying between the mean high tide line and the mean low tide line or land 
extending 100 rods seaward from the mean high tide line, whichever is the shorter 
distance.
2.  Submerged land.  "Submerged land" means land lying 100 rods from the mean 
high tide line or land lying seaward of the mean low tide line if the mean low tide line is 
less than 100 rods from the mean high tide line.  "Submerged land" is land that is seldom 
exposed by action of the tides.
Sec. 3.  12 MRSA §573, as enacted by PL 1985, c. 782, is repealed.
Sec. 4.  12 MRSA §§574 to 576 are enacted to read:
§574.  Permitted public use rights on intertidal land and submerged land
1.  Historic uses.  Any of the historic uses of intertidal land under section 571 are 
permitted, except those expressly prohibited by statute or rule adopted by a state agency 
charged with oversight of intertidal land.  Permitted historic uses are subject to rules 
adopted by a state agency charged with protecting the public health, safety and general 
welfare.
2.  Recreational uses.  Unless expressly prohibited by statute or rule adopted by a 
state agency charged with oversight of intertidal land, water-related recreational uses of 
intertidal land, including, but not limited to, playing in the water, swimming, snorkeling 
and using skim, surf and paddle boards, are permitted.  Additionally, on exposed sand 
areas of intertidal land, permitted recreational uses include, but are not limited to, sitting, 
walking, running, reading, sunbathing, picnicking, the throwing of balls and other toys, 
gathering shells and sea glass and the building of sandcastles.  All recreational uses are 
subject to laws or rules adopted by the Legislature or a state agency charged with 
protecting the public health, safety and general welfare.
3.  Commercial uses.  Unless expressly prohibited by statute or rule adopted by a 
state agency charged with oversight of intertidal land, commercial uses of intertidal land, 
including, but not limited to, seaweed harvesting; aquaculture of fish, shellfish or other 
marine organisms; the extension from the mainland of utility cables and pipelines to 
service island communities and permitted offshore facilities; and the storage, rental and 
sale of paddle boards and surf boards, kayaks, small boats and related marine equipment, 
are permitted.  All commercial uses are subject to licensing and use laws enacted by the 
Legislature and rules adopted by a state agency charged with protecting the public health, 
safety and general welfare.
4.  Submerged land uses.  Permitted historic, recreational and commercial uses of 
intertidal land that extend into submerged land areas and overlying waters are not 
prohibited by this fact alone, insofar as the uses do not interfere with public or private 
uses and activities permitted on submerged land.
§575.  Limitation on public use rights on intertidal land and submerged land
The public use rights under section 574 do not allow any individual to:
1.  Gather and remove.  Gather and remove in bulk from intertidal land or 
submerged land without a valid license sand, soil, rocks, minerals, seaweed or living 
marine organisms;
2.  Structure or improvement.  Interfere with or trespass on any structure or 
improvement erected or maintained on intertidal land or submerged land in accordance 
with state law;
3.  Refuse or waste materials.  Deposit or leave any refuse or waste materials on 
intertidal land or submerged land or in overlying waters;
4.  Private property.  Trespass on private property that is above the mean high tide 
line;
5.  Access to intertidal land.  Gain access to intertidal land by any means other than 
by a public way, right-of-way or easement that terminates at the mean high tide line or by 
water, such as by kayak, canoe, motorized watercraft, paddle board or swimming; or
6.  Motorized vehicle.  Operate or park any motorized vehicle on intertidal land 
except to perform emergency or rescue service.
§576.  Miscellaneous provisions
1.  State powers.  The State may seek by gift or purchase to increase points of access 
to intertidal land.  The State may provide or increase parking spaces, toilet facilities, 
lifeguard services and other amenities to facilitate public use of intertidal land.  The 
Legislature and state agencies may set safety standards for various uses and reasonable 
hours of operation for intertidal land generally and beach areas in particular and settle 
conflicts that arise between competing intertidal land users.
2.  Municipal powers.  Municipalities may seek by gift or purchase to increase 
points of access to intertidal land.  Municipalities within which intertidal land is located 
may provide or increase parking spaces, toilet facilities, lifeguard services and other 
amenities to facilitate public use of intertidal land.  Municipalities may exercise their 
police powers to adopt ordinances to prevent and resolve disturbances on and set 
reasonable hours of operation for intertidal land generally and beach areas in particular.  
Municipal ordinances may not override or conflict with intertidal land use laws enacted 
by the Legislature or rules adopted by a state agency charged with protecting the public 
health, safety and general welfare.  Municipalities may not prohibit intertidal land uses 
under section 574.
Sec. 5.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 12, chapter 202-A, in the chapter headnote, the words "the 
public trust in intertidal land" are amended to read "the intertidal land expanded use rights 
act" and the Revisor of Statutes shall implement this revision when updating, publishing 
or republishing the statutes.
SUMMARY
This bill addresses public uses of intertidal land by substantially amending the 
existing laws on intertidal land.  It revises the headnote of the chapter to reflect the 
recognition of expanded uses of intertidal land.
The bill replaces most of the legislative findings and purpose language to recite 
historic uses and note that the evolving public uses of intertidal land confer both 
economic and general welfare benefits to the citizens of this State.  It specifies that there 
is no difference in whether the State is acting to discharge its public trust duties with 
respect to intertidal land or exercising its police power to protect the public health, safety 
and general welfare.
The bill defines "intertidal land," which is consistent with the definition in statute, 
and "submerged land."
The bill delineates permitted uses of intertidal land, identifying historic, recreational 
and commercial uses.  All are subject to state laws and rules, and commercial uses may 
be subject to licensing, as well.
The bill also limits some activities on intertidal land.
The bill recognizes the power of the State and municipal police powers that may be 
used to improve and facilitate uses of intertidal land.