An Act To Help Municipalities Prepare for Sea Level Rise
Maine Legislature, Session 129, LD 0563
Committee: State and Local Government
Sponsors: BLUME, BREEN, BAILEY, BRYANT, DENK, HOBBS, HYMANSON, JORGENSEN, RYKERSON
Amends: 30-A MRSA §4312, 30-A MRSA §4326, 38 MRSA §1801

Legislative Document
No. 563
H.P. 407
House of Representatives, February 5, 2019
An Act To Help Municipalities Prepare for Sea Level Rise
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Cosponsored by Senator BREEN of Cumberland and
Representatives: BAILEY of Saco, BRYANT of Windham, DENK of Kennebunk, HOBBS of 
Wells, HYMANSON of York, JORGENSEN of Portland, McCREIGHT of Harpswell, 
RYKERSON of Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4312, sub-§3, ¶J, as amended by PL 2015, c. 349, §1, is 
further amended to read:
J.  To promote and protect the availability of outdoor recreation opportunities for all 
Maine citizens, including access to surface waters; and
Sec. 2.  30-A MRSA §4312, sub-§3, ¶K, as enacted by PL 2015, c. 349, §2, is 
amended to read:
K.  To encourage municipalities to develop policies that assess community needs and 
environmental effects of municipal regulations, lessen the effect of excessive parking 
requirements for buildings in downtowns and on main streets and provide for 
alternative approaches for compliance relating to the reuse of upper floors of 
buildings in downtowns and on main streets.; and
Sec. 3.  30-A MRSA §4312, sub-§3, ¶L is enacted to read:
L.  To plan for the effects of the rise in sea level on buildings, transportation 
infrastructure, sewage treatment facilities and other relevant state, regional, municipal 
or privately held infrastructure, property or resources.
Sec. 4.  30-A MRSA §4326, first ¶, as amended by PL 2001, c. 578, §15, is 
further amended to read:
A growth management program must include at least a comprehensive plan, as 
described in subsections 1 to  4  4-A, and an implementation program as described in 
subsection 5.
Sec. 5.  30-A MRSA §4326, sub-§4-A is enacted to read:
4-A.  Addressing sea level rise.  A coastal municipality or multimunicipal region 
that includes a coastal municipality may include in its comprehensive plan projections 
regarding changes in sea level and potential effects of the rise in sea level on buildings, 
transportation infrastructure, sewage treatment facilities and other relevant municipal, 
multimunicipal or privately held infrastructure or property and may develop a 
coordinated plan for addressing the effects of the rise in sea level. For the purposes of this 
subsection, "coastal municipality" means a municipality or township in the coastal zone 
as identified by a coastal program administered by the Department of Marine Resources.
Sec. 6.  38 MRSA §1801, sub-§§8 and 9, as enacted by PL 1985, c. 794, Pt. A, 
§11, are amended to read:
8.  Water quality. Restore and maintain the quality of our fresh, marine and 
estuarine waters to allow for the broadest possible diversity of public and private uses; 
and
9.  Air quality. Restore and maintain coastal air quality to protect the health of 
citizens and visitors and to protect enjoyment of the natural beauty and maritime 
characteristics of the Maine coast.; and
Sec. 7.  38 MRSA §1801, sub-§10 is enacted to read:
10.  Sea level rise.  Encourage the assessment of and planning for the effects of the 
rise in sea level on buildings, transportation infrastructure, sewage treatment facilities and 
other relevant state, regional, municipal or privately held infrastructure, property or 
resources.
SUMMARY
This bill amends the State's growth planning and land use laws to reflect that 
addressing the effects of sea level rise is a state planning and regulatory goal.  The bill 
amends the laws regarding the State's coastal management policies to direct state, local 
and certain federal agencies responsible for regulating, planning, developing or managing 
coastal resources to conduct their activities affecting the coastal area consistent with the 
policy of encouraging the assessment of and planning for the effects of the rise in sea 
level.  The bill provides that a coastal municipality or multimunicipal region that includes 
a coastal municipality, if the municipality or region adopts a growth management 
program under the State's growth planning and land use laws, may include in its 
comprehensive plan projections regarding sea level changes and the potential effects of 
the rise in sea level and may develop a coordinated plan for addressing the effects of the 
rise in sea level.  The bill also provides that "coastal municipality" means a municipality 
or township in the coastal zone as identified by a coastal program administered by the 
Department of Marine Resources.