An Act To Amend the Shoreland Zoning Laws To Allow Pedestrian Walkways and Trails That Exclude Motorized Vehicles within the Shoreland Zone
Maine Legislature, Session 129, LD 1101
Committee: Environment and Natural Resources
Sponsors: DOUDERA, LAWRENCE, AUSTIN, DENNO, DILLINGHAM, DODGE, GATTINE, MADIGAN, WOODSOME
Amends: 38 MRSA §439-A

Legislative Document
No. 1101
H.P. 805
House of Representatives, March 5, 2019
An Act To Amend the Shoreland Zoning Laws To Allow Pedestrian 
Walkways and Trails That Exclude Motorized Vehicles within the 
Shoreland Zone
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator LAWRENCE of York and
Representatives: AUSTIN of Skowhegan, DENNO of Cumberland, DILLINGHAM of Oxford, 
DODGE of Belfast, GATTINE of Westbrook, MADIGAN of Waterville, Senator: 
WOODSOME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §439-A, sub-§4-D is enacted to read:
4-D.  Exemption from setback requirements for pedestrian walkways and trails.  
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)  Use of motorized vehicles is prohibited on all positions of the pedestrian 
walkway or trail that are located within the shoreland zone as established by 
section 435, except that use of a motorized wheelchair, motorized scooter or 
similar motorized assistive device by a person with a disability that prevents the 
person from using a walkway or trail without a motorized assistive device may be 
allowed.  Use of nonmotorized vehicles, including, but not limited to, bicycles, 
may be allowed;
(2)  If cantilevered over a water body or wetland within the shoreland zone as 
established by section 435, the pedestrian walkway or trail does not extend over 
the water body or wetland more than 10 feet from the normal high-water line;
(3)  If cantilevered over a water body or wetland within the shoreland zone as 
established by section 435, the pedestrian walkway or trail is attached to a 
structure that was constructed prior to 1971 and that is located within the 
shoreland zone;
(4)  If the walkway or trail is cantilevered over a water body or wetland within 
the shoreland zone as established by section 435, the municipal planning board 
has determined there is no other practical means to construct the pedestrian 
walkway or trail without cantilevering over that segment of the water body or 
wetland.  If there are no other practical means to construct the pedestrian 
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;
(5)  The pedestrian walkway or trail is not located within a shoreland area zoned 
for resource protection;
(6)  The pedestrian walkway or trail is located within a shoreland area that has 
previously been developed or, if located within a shoreland area that has not 
previously been developed, the walkway or trail is set back at least 25 feet from 
the normal high-water line of the water body or wetland;
(7)  The pedestrian walkway or trail is constructed by a contractor certified in 
erosion control pursuant to section 439-B; and
(8)  The pedestrian walkway or trail is owned and maintained either publicly or 
as a public-private partnership.
B.  Except for the water and wetland setback requirements in subsection 4, a 
pedestrian 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 amends the shoreland zoning laws to authorize a municipality to adopt an 
ordinance that exempts pedestrian walkways or trails within the shoreland zone from 
otherwise applicable setback requirements so long as use of motorized vehicles, other 
than motorized assistive devices, is prohibited on the walkway or trail and the ordinance 
maintains certain other protective standards.  Any allowed walkway or trail must meet all 
other state and local permit requirements and comply with all other applicable rules.