An Act to Establish Coastal Waters and Submerged Lands Regional Planning Commissions
Maine Legislature, Session 131, LD 0487
Committee: Marine Resources
Sponsors: WILLIAMS, DODGE, GRAHAM, MILLIKEN, WARREN

Legislative Document
No. 487
H.P. 304
House of Representatives, February 7, 2023
An Act to Establish Coastal Waters and Submerged Lands Regional 
Planning Commissions
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WILLIAMS of Bar Harbor.
Cosponsored by Representatives: DODGE of Belfast, GRAHAM of North Yarmouth, 
MILLIKEN of Blue Hill, WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA c. 3, sub-c. 1, art. 2-C is enacted to read:
ARTICLE 2-C
COASTAL WATERS AND SUBMERGED LANDS REGIONAL PLANNING 
COMMISSIONS
§450-A. Definitions
As used in this article, unless the context otherwise indicates, the following terms have 
the following meanings.
1. Coastal waters and submerged lands. "Coastal waters and submerged lands" 
means the waters and lands described in Title 1, sections 2 and 3.
2. Member. "Member" means a person representing a municipality or nonmunicipal 
entity on a regional commission.
3. Regional commission. "Regional commission" means a coastal waters and 
submerged lands regional planning commission formed under this article.
§450-B. Regional commissions established
A municipality in the areas surrounding the large bays and other coastal regions in this 
State, as determined by rules adopted by the department, shall cooperate with the other 
municipalities in the same area or region to form regional commissions to govern 
development affecting coastal waters and submerged lands.  The participating 
municipalities shall establish by mutual consent the boundaries of each regional 
commission. 
1. Formation of regional commissions.  The municipalities in the areas surrounding 
the large bays and other coastal regions in this State shall form regional commissions 
according to the economic, geographic, ecological and social characteristics of the large 
bays and other coastal regions, taking into account the interests relevant to the bay and the 
region, the uses and future needs of the coastal waters and submerged lands in the bay and 
the region and organizations already participating in management of the resources of the 
bay and the region.
2. Participation in regional commissions by nonmunicipal entities.  The 
municipalities that form regional commissions shall allow participation by nonmunicipal 
entities that the municipalities agree by majority consent represent interests relevant to the 
areas surrounding the large bays and other coastal regions in this State covered by the 
regional commissions, including interests related to economic activity and development, 
land use management, conservation and preservation. 
§450-C. Members
A municipality that forms a regional commission and each nonmunicipal entity 
participating in a regional commission shall appoint or elect one member to serve on the 
regional commission.  A member serving on the regional commission has one vote, 
regardless of whether the member represents a municipality or a nonmunicipal entity.
1. Terms.  Members serve staggered terms of 3 years.
2. Meetings.  A regional commission shall meet at least 8 times per year and in addition 
shall meet at the call of the chair of the commission or a majority of the members.
3. Alternate members.  A municipality that forms a regional commission and each 
nonmunicipal entity that participates in a regional commission may have one alternate 
member appointed or elected in the same manner as the primary member.  The alternate 
member may participate in the proceedings of the regional commission, but may not vote 
on a matter before the regional commission unless the primary member is not in attendance 
at the meeting at which the vote is taken.
4. Reimbursement.  A regional commission shall determine the rates of 
reimbursement for costs incurred by members and alternate members.  The municipalities 
that form a regional commission shall share the costs of reimbursements under this 
subsection equally or pro rata by population or size of municipal budget as determined by 
mutual agreement.
§450-D. Staff; officers
A regional commission may employ staff to assist in administrative, operational, 
executive and enforcement tasks.  The members of the regional commission shall elect a 
chair, secretary, treasurer and any other officers that the members determine are necessary 
for the operation of the regional commission.
§450-E. Financing; budget
The financial operations of a regional commission are governed by this section.
1. Municipal contribution. A municipality that forms a regional commission shall 
contribute money to the operation of the regional commission as agreed upon by the 
municipalities that form the regional commission.
2. Gifts and grants.  A regional commission may accept gifts and grants from any 
source.
3.  Fees.  A regional commission may charge a fee for services provided by the regional 
commission.
4. Account.  A regional commission shall establish an account for collecting municipal 
contributions, gifts, grants and the proceeds from fees.
5. Budget.  A regional commission shall prepare an annual budget and submit the 
budget to the governing body of each municipality that forms the regional commission.
§450-F. Powers and duties
The powers and duties of a regional commission are as follows.
1. Duties. A regional commission shall:
A.  Develop and update a long-term water use plan for the areas surrounding the large 
bay or other coastal region represented by the regional commission.  The plan must 
include a map of the large bay or coastal region and descriptions, including size, scope 
and nature, of all water uses that the regional commission determines are appropriate 
to the large bay or coastal region;
B.  Develop and update a planning ordinance based on and at least as stringent as the 
model planning ordinance adopted under section 450-G.  The planning ordinance must 
describe what usage in the large bay or coastal region is allowed with a permit, allowed 
without a permit and not allowed.  The planning ordinance must enumerate usage 
categories, which may include:
(1) Resource protection;
(2) Residential;
(3) Maritime activities;
(4) Fisheries;
(5) Small, medium and industrial commercial; and
(6) Other development;
C.  Support research necessary to the administration or work of the regional 
commission; and
D.  Monitor and enforce the provisions of the planning ordinance adopted under section 
450-G.
2. Powers. A regional commission may:
A. Seek consultation and advice regarding matters under the jurisdiction of the regional 
commission; and
B. Appoint an advisory board to advise on specific matters under the jurisdiction of the 
regional commission.
§450-G. Minimum standards; model planning ordinance 
The department shall adopt minimum standards for coastal water use planning 
applicable to regional commissions and a model planning ordinance for use by regional 
commissions.
If a regional commission fails to adopt a planning ordinance as required by section 
450-F, the department shall adopt a planning ordinance for use in the areas surrounding the 
large bays and other coastal regions.
Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 
375, subchapter 2-A.  
§450-H. Report
A regional commission shall submit an annual report regarding the activities of the 
regional commission to the joint standing committee of the Legislature having jurisdiction 
over conservation matters.
§450-I. Enforcement
If an activity requires a permit according to rules adopted by a regional commission or 
the department as required by section 450-G, a person may not engage in that activity 
within the area surrounding the large bay or other coastal region covered by the regional 
commission without acquiring and maintaining the relevant permit.
§450-J. Rules
After notice and public hearing, a regional commission shall adopt rules governing 
procedures as the regional commission finds necessary to carry out the purposes of this 
article. 
1.  Types of rules. Rules adopted under this section may cover but are not limited to:
A. The form and content of applications;   
B. The conduct of meetings and hearings;   
C. The determination of parties to hearings;  
D. The provision, form and content of both public notice and notice to individuals, 
groups and property owners affected by proposed actions of the regional commission;   
E. The issuance and revocation of permits and certificates of compliance;   
F. The issuance of decisions and findings of facts;   
G. The adoption, amendment and interpretation of boundaries of each regional 
commission;   
H. The adoption and amendment of a schedule of fees; and  
I. The granting or denial of variances.   
2. Considerations.  In adopting rules under this section, a regional commission shall 
consider, in addition to the other requirements set forth in this article, the following factors:  
A. Expense and facility of administration;   
B. Convenience to landowners and individuals affected;   
C. Encouragement of public participation; and   
D. Cooperation with municipal and state officials.   
Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  Implementation.  No later than July 1, 2024, the Department of 
Environmental Protection shall adopt rules as required by the Maine Revised Statutes, Title 
38, chapter 3, subchapter 1, article 2-C in consultation with persons representing interests 
relevant to the areas surrounding the large bays and other coastal regions, including 
interests related to economic activity and development, land use management, conservation 
and preservation.  Not later than one year after the adoption of rules by the department as 
required by Title 38, chapter 3, subchapter 1, article 2-C, each municipality in the areas 
surrounding the large bays and other coastal regions, as determined by rules adopted by the 
department, shall cooperate with the other municipalities in the same area or region to form 
a coastal waters and submerged lands regional commission as required by Title 38, section 
450-B.  Not later than one year after formation, a regional commission as described by Title 
38, chapter 3, subchapter 1, article 2-C shall adopt a water use plan and a planning 
ordinance.  If a regional commission as described by Title 38, chapter 3, subchapter 1, 
article 2-C fails to adopt a planning ordinance as required by this section, the department 
shall adopt a planning ordinance for use in that region.  
SUMMARY
This bill requires the establishment of coastal waters and submerged lands regional 
planning commissions to develop long-term water use plans and planning ordinances for 
the areas surrounding the large bays and other coastal regions.