An Act to Regulate
Maine Legislature, Session 132, LD 1763
Committee Amendment CA_A_H684 (House)
Amends: 12 MRSA §10001, 12 MRSA §10403, 12 MRSA §13001, 12 MRSA §13056, 38 MRSA §423

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COMMITTEE AMENDMENT "A" to H.P. 1182, L.D. 1763, "An Act to Regulate 
Non water-dependent Floating Structures on Maine's Waters" 
Amend the bill by inserting after the title and before the enacting clause the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the use ofnonwater-dependent floating structures on the inland and coastal 
waters of this State has been increasing steadily; and 
Whereas, these structures can' be unsightly, are a potential source of pollution and 
may impact waterfront property values; and 
Whereas, these structures can cause increased congestion on the water and at public 
water access points and cause navigation issues; and 
Whereas, it is important to take immediate action to regulate these structures on the 
waters of this State before their numbers proliferate; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessaiy for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out eve1ything after the enacting clause and inserting the 
following: 
'Sec. 1. 12 MRSA §10001, sub-§43-A is enacted to read: 
43-A. 
Nonwater-dependent floating structure. 
"Nonwater-dependent floating 
structure" has the same meaning as in Title 38, section 3301, subsection 10. 
Sec. 2. 12 MRSA §10403, first 1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
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CONfMITIEE.AfvfENDMENT"~oH.P.1182,L.D.1763 
Any municipal, county or state law enforcement officer or any harbor master appointed 
pursuant to section 13072 or Title 38, section 1 has the authority to enforce, in the 
respective jurisdictions, the watercraft laws in chapter 935, the nonwater-dependent 
floating structures laws in Title 38, chapter 37 and the rules related to those laws. 
Sec. 3. 12 MRSA §13001, sub-§9-A is enacted to read: 
9-A. Dock. "Dock" means a platform used for access to a water body or to secure, 
protect and provide access to a boat or ship. "Dock" includes a platform that extends from 
a shore over the water body or a floating platform attached to a mooring. 
Sec. 4. 12 MRSA §13001, sub-§12-A is enacted to read: 
12-A. Homemade watercraft. "Homemade watercraft" means a watercraft that is 
built by an individual for personal use using raw materials and that is not required to have 
a hull identification number assigned by a manufacturer that has been assigned a 
manufacturer identification code by the Recreational Boating Product Assurance Branch 
of the United States Coast Guard. "Homemade watercraft" may include, but is not limited 
to, open watercraft. auxiliaiy sail watercraft. paddle craft. houseboats. pontoon boats. 
personal watercraft. airboats and inflatable watercraft. 
Sec. 5. 12 MRSA §13001, sub-§12-B is enacted to read: 
12-B. Houseboat. "Houseboat" means a motorized vessel that is usually nonplaning 
and designed primarily for multipurpose accommodation spaces with low :freeboard and 
little or no foredeck or cockpit. 
Sec. 6. 12 MRSA §13001, sub-§15-A is enacted to read: 
15-A. Mooring. "Mooring" has the same meaning as in Title 38, section 480-B, 
subsection 5-A. 
Sec. 7. 12 MRSA §13001, sub-§17-A is enacted to read: 
17-A. Navigation. "Navigation" means. withrespectto a watercraft. the operation of 
the watercraft in a manner designed to avoid collisions on the water through adherence to 
rnles of watercraft operation established by the department pursuant to chapter 935 and to 
applicable federal regulations. 
Sec. 8. 12 MRSA §13001, sub-§27-B is enacted to read: 
27-B. Vessel. "Vessel" means any watercraft or artificial contrivance used or capable 
of being used as a means oftranspo1tation on water. 
Sec. 9. 12 MRSA §13001, sub-§28, as enacted by PL 2003, c. 414, Pt A, §2 and 
affected by c. 614, §9, is amended to read: 
28. 
Watercraft. 
"Watercraft" means any type of vessel, boat, canoe or eJ:'aft 
houseboat, excluding a seaplane. capable of being used as a means of transportation on 
water, other than a seaplane, ineluding that satisfies all applicable laws and rules pertaining 
to navigation and safety equipment on watercraft. "Watercraft" includes motors, electronic 
and mechanical equipment and other machinery, whether permanently or temporarily 
attached, that are customarily used in the operations of the watercraft. "Watercraft" does 
not include a vessel, boat, canoe or eJ:'aft houseboat located and intended to be permanently 
docked in one location and not used as a means of transpo1tation on water. 
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Sec. 10. 12 MRSA §13056, sub-§3-A is enacted to read: 
3-A. 
Homemade watercraft; hull identification number. 
The owner of a 
homemade watercraft shall obtain a hull identification number prior to applying for a 
certificate of number from the commissioner. In the case of a homemade watercraft that is 
a houseboat or that is a nonwater-dependent floating structure capable of being used as a 
means of transportation on water, including, but not limited to, a dock, gazebo, floating 
swim toy, bathtub, swimming pool or picnic table, the commissioner may issue a ce1tificate 
of number upon the request of the owner only if the owner provides a letter of inspection 
and approval for the homemade watercraft from a qualified marine surveyor and 
demonstrates to the commissioner's satisfaction that the homemade watercraft: 
A. Meets all applicable safety requirements under 33 Code of Federal Regulations, 
Part 183, including, but not limited to, requirements that the watercraft's flotation, 
decking and windows be constrncted from marine-grade material; 
B. Meets all applicable operating visibility requirements under 46 Code of Federal 
Regulations, Section 144.905. The watercraft must include a position from which its 
operator is afforded unobstructed forward visibility to each side of the centerline for at 
least 70 degrees from the operator's position and is afforded unobstructed lateral 
visibility to each side of the centerline at least 90 degrees from the operator's position: 
C. Meets all applicable stability, weight capacity, horsepower capacity, passenger 
carrying area and navigation lighting requirements under 33 Code of Federal 
Regulations, Part 183; and 
D. Is capable of navigation for the purposes of this chapter. 
Sec. 11. 38 MRSA §423, sub-§4, as affected by PL 2003, c. 614, §9 and enacted 
by c. 688, Pt. B, §14 and affected by §15, is amended to read: 
4. Watercraft defined. For the purposes of this section, "watercraft" has the same 
meaning as piwlided in Title 12, section 13001, subsection 28, e*eept tha-t "watereraft" 
inel-udes houseboa-ts. This subseetioe takes effeet ,'\ugust 31, 2004. 
Sec. 12. 38 MRSA c. 37 is enacted to read: 
CHAPTER 37 
NONWATER-DEPENDENT FLOATING STRUCTURES 
§3301. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following.meanings. 
1. Abandoned nonwater-dependent floating structure. "Abandoned nonwater-
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dependent floating structure" means a nonwater-dependent floating structure that has been 
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left in, on or over intemal waters for more than 24 hours without intention of removal by 
the owner, as determined by the primary enforcement authority. 
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2. Coastal waters. 
"Coastal waters" has the same meaning as in section 542, 
subsection 3-A. 
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3. Dock. "Dock" has the same meaning as in Title 33, section 459, subsection 1, 
paragraph A. 
4. Floating home. "Floating home" means a nonwater-dependent floating structure 
that is designed or has been substantially and structurally remodeled or redesigned to serve 
primarily as a residence and that is not a watercraft. "Floating home" includes, but is not 
limited to: 
A. A floating house. floating camp or house barge; and 
B. Any other floating structure used primarily as a residence that is not designed for 
navigation as its primary purpose and is not capable of self-propulsion or use as a 
means of transportation on water. 
5. Functionally water-dependent uses. "Functionally water-dependent uses" has the 
same meaning as in section 436-A. subsection 6. 
6. Houseboat. "Houseboat" has the same meaning as in Title 12, section 13001, 
subsection 12-B. 
7. Inland waters. "Inland waters" has the same meaning as in Title 12, section 10001, 
subsection 35. 
8. Internal waters. "Internal waters" has the same meaning as in Title 12, section 
13001. subsection 13. 
9. Mooring. "Mooring" has the same meaning as in section 480-B, subsection 5-A. 
10. 
Nonwater-dependent floating structure. 
"Nonwater-dependent floating 
structure" means a waterborne structure that is supported wholly or pattially by the 
structure's own buoyancy and that supports a nonwater-dependent use. including a floating 
home. 
11. Nonwater-dependent uses. "Nonwater-dependent uses" means those uses that 
can function in a location other than on the sutface waters of the State and that do not 
require, for their primary purpose, location on submerged lands or direct access to inland 
waters or coastal waters. 
12. Watercraft. "Watercraft" has the same meaning as in Title 12, section 13001. 
subsection 28. 
§3302. Prohibition on nonwater-dependent floating structures 
Except as otherwise provided in this chapter, a person may not place or use a nonwater-
dependent floating structure in, on or over internal waters. 
§3303. Exceptions 
The following facilities and structures are not subject to the prohibition in section 3302: 
1. Functionally water-dependent uses. Any facility or structure, the primary purpose 
of which is a functionally water-dependent use; 
2. Swimming structures. Any dock, wharf or swimming and diving float that is used 
as a floating structure for swimming or diving or for the temporaty tie-off of watercraft, is 
placed on internal waters of the State and is temporarily or permanently anchored to the 
bottom of those waters: 
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3. Water toys. Any floating water toy. including, but not limited to, air mattresses, 
pool toys, floating noodles, swim rings. water mats and inflatable platforms smaller than 
square feet in surface area; 
4. Ice fishing shacks. Any ice fishing shack described in Title 12, section 6523 or 
12661; 
5. Aquaculture facilities. Any aquaculture facility for which the owner or operator 
has obtained a lease from the Commissioner of Marine Resources pursuant to Title 12, 
section 6072. 6072-A or 6072-B; 
6. Authorized nonwater-dependent floating structure. Any nonwater-dependent 
floating structure that has been approved for use as authorized under section 3304; 
7. Preexisting nonwater-dependent floating structures with preexisting leases. 
Any nonwater-dependent floating structure that existed prior to January 1, 2025 that is sited 
pursuant to a lease issued by the submerged lands leasing program, established pursuant to 
Title 12, section 1862, subsection 2, prior to January 1, 2025; and 
8. Other facilities and structures. Any other facility or structure exempted from the 
prohibition under section 3302 by rule adopted pursuant to section 3307. 
§3304. Provisions for continued use of authorized nonwater-dependent floating 
structures 
1. Eligibility. Notwithstanding any provision of law to the contrary, the owner of a 
nonwater-dependent floating structure that was in existence as of January 1, 2025 may 
make application to the Depa11tnent of Agriculture, Conservation and Forestry, Bureau of 
Parks and Lands, referred to in this section as "the bureau," through the submerged lands 
leasing program established pursuant to Title 12, section 1862 for a nonwater-dependent 
floating structure lease on the internal waters of the State that authorizes the owner to 
continue to operate the nonwater-dependent floating structure in accordance with the 
requirements of this section when the following applies: 
A. The applicant holds right. title or interest to the shorefront to which the nonwater-
dependent floating structure is attached; or 
B. If the nonwater-dependent floating structure is not attached to the shore. the 
applicant has right, title or interest to the adjacent upland shorefront and holds an 
approved mooring from the United States Army Corps of Engineers or the municipality 
in which the structure is located. 
2. Application requirements. To be eligible for consideration for a lease to authorize 
continued use under this section, an individual or entity must: 
A. Submit by January 1, 2026 an application on forms provided by the bureau; 
B. Provide proof of right. title or interest to the shorefront to which the nonwater-
dependent floating structure will be attached or, if the structure is not attached to the 
shore, proof ofright. title or interest to the adjacent upland shorefront and an approved 
mooring from the United States Army Corps of Engineers or the municipality in which 
the structure is located; 
C. Provide the names of abutting property owners; 
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D. Provide the location, intended use. square footage and photo documentation of the 
existing nonwater-dependent floating structure: and 
E. Submit an application fee of $500. 
3. Bureau procedures. The bureau may take the following actions with respect to an 
application under this section. 
A. The bureau may request additional information from the applicant, government 
agencies or other parties when necessary to complete its review of an application and 
make a decision. 
B. The bureau shall notify interested parties of receipt of a completed application. As 
determined by the bureau on a case-by-case basis, interested parties may include, but 
are not limited to, abutting landowners, landowners with overlapping littoral zones. 
local municipal officials, harbor masters or others engaged in commercial marine 
activities or who have notified the bureau of their interest in a particular project. 
Interested parties must be given 3 0 days to provide the bureau with comments on a 
completed application. 
C. If the bureau determines that a letter of no objection is required from one or more 
littoral abutters, the bureau shall send notice to the abutters and the applicant. 
D. The bureau or its designee may conduct inspections of the proposed project site in 
order to assess on-site conditions, the characteristics and uses of adjacent lands, waters 
and structures and potential impacts on existing trusts. 
E. After the initial 30-day review period under paragraph B, if the bureau determines 
that it is appropriate, additional information may be requested from the applicant or 
other patties or a public informational meeting may be scheduled in order to allow the 
general public to provide additional information for consideration. 
F. Once all requested information is received and any public meetings under paragraph 
E have been concluded, the bureau shall issue preliminaiy fmdings. Preliminaty 
fmdings must be sent to the applicant and all patties who provided comments during 
the initial review period and other interested parties. 
G. Within 30 days of the issuance of preliminaty fmdings under paragraph F, any party 
may petition the bureau director to reconsider such findings by written request. The 
bureau director may waive the reconsideration period if no comments are received 
during the initial review period or if the comments that are received are determined to 
not be related to public trust rights. 
H. The bureau shall review any petitions for reconsideration under paragraph G and 
related information and issue its fmal fmdings and decision. If the decision is to 
approve the application, 2 original copies of the lease must be sent to the applicant for 
signature. 
4. Bureau determination. In making its determination with respect to an application 
under this section, the bureau shall consider the following: 
A. Whether the applicant has demonstrated that the applicant has sufficient right. title 
or interest to the upland property, including intertidal land, adjacent to the littoral zone 
in which the nonwater-dependent floating structure lease is sought. To demonstrate 
right, title or interest, an applicant must provide: 
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(1) When the applicant owns the property, a copy of the deed to the property: 
(2) When the applicant has a lease on the property, a copy of the lease. The lease 
must be of sufficient duration and terms, as determined by the bureau. to pennit 
reasonable use of the facility: and 
(3) When the applicant has an option to buy or lease the property, a copy of the 
option agreement. The option agreement must contain terms considered sufficient 
by the bureau to establish future title or a leasehold of sufficient duration: 
B. Whether littoral zones and setback standards delineate the lease area adjacent to the 
applicant's upland property and establish adequate separation between structures for 
navigation and access both for the public and riparian owners. Littoral zones do not 
delineate areas for the exclusive use of the applicant or other riparian owners. Littoral 
zone boundaries are established by right angle projections from a baseline established 
along the shoreline at the intersection of the high-water line and the side boundary of 
each property. The littoral zone sidelines terminate at either the established 
navigational channel, established anchorage identified as such by the United States 
Army Corps of Engineers. the midline between opposing shorelines or 1,000 feet, 
whichever is less. Setback standards are established from other existing structures and 
an applicant's littoral zone boundary. When littoral zones overlap. structures must be 
set back 25 feet from an applicant's littoral zone sidelines and must be 50 feet from 
other existing structures: 
C. Whether the proposed use of the lease area would unreasonably interfere with 
customary or traditional public access ways; 
D. Whether the proposed use of the lease area would unreasonably interfere with the 
public trust rights of fishing, fowling and navigation: 
E. Whether there are other commercial marine services or facilities in the proposed 
lease area; 
F. Whether the nonwater-dependent floating structure would unreasonably interfere 
with ingress and egress of riparian owners: 
G. Whether the nonwater-dependent floating structure would result in significant risk 
to life or property in the vicinity of the use under conditions of weather and vessel 
traffic: 
H. Whether there is evidence in the record that any portion of the proposed lease area 
has been designated for special protection by an agency authorized to make such 
designations: 
I. Whether the use conflicts with those aspects of the coastal policies or the coastal 
policy guidelines in section 1801 that relate to the criteria considered by the bureau: 
J. Whether the lease te1ms require the applicant to obtain all necessaiy federal, state 
and local approvals: and 
K. Whether the applicant has paid the fee required for processing the application. 
The bureau may consult with other agencies and organizations as appropriate when 
considering the terms of a submerged lands nonwater-dependent floating structure lease. 
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5, Bureau approval required. If approved for the issuance of a lease, the owner may 
continue to operate the nonwater-dependent floating structure in accordance with the 
requirements of this section and subject to the terms of the lease. 
6. Operational standards. A nonwater-dependent floating structure that is authorized 
to continue operating pursuant to a lease issued in accordance with this section must meet 
all applicable standards in law or rule or the structure's authorization to continue operation 
may be revoked through a termination of the lease. A nonwater-dependent floating 
structure must meet the following criteria. 
A. The structure must be labeled with the owner's name, telephone number and e-mail 
address. 
B. If the structure is located on coastal waters, it must comply with 33 United States 
Code, Section 1322. 
C. If the structure is located on inland waters, it must comply with section 423, have a 
waterless composting or desiccating toilet, have a holding tank for which tank pumping 
records must be provided upon request or have landside-only facilities, meaning no 
toilet, shower or sink on board that discharges. 
D. The structure is subject to inspection by representatives of the State to ensure 
compliance with any of the provisions of applicable law or rule. 
7. Limitations. The following limitations apply. 
A. A lease may not be issued under this section for an area greater than 1,500 square 
feet. 
B. Once sited in accordance with a lease issued under this section, a nonwater-
dependent floating structure may not be sited in any other location on the internal 
waters of the State. 
C. A lease may be issued under this section for a 10-year term, which is renewable. If 
the nonwater-dependent floating structure is destroyed or has met the end of its useful 
life prior to the expiration of the lease, the lease authorization under this section 
expires. 
8. Lease fees. The following lease fees apply with respect to leases issued under this 
section. 
A. For a lease for an area that is 500 square feet or less, the annual lease fee is $250. 
B. For a lease for an area that is greater than 500 square feet and less than or equal to 
1,000 square feet, the annual lease fee is $500. 
C. For a lease for an area that is greater than 1,000 square feet and less than or equal 
to 1,500 square feet, the annual lease fee is $1,000. 
9. Final agency action. Decisions made by the bureau under this section constitute 
final agency action for the purposes of judicial review under Title 5, chapter 375. 
§3305. Penalties; removal; abandonment 
1. Penalties. Except as provided in subsection 2, a person who violates section 3302 
commits a civil violation for which a fine of not less than $100 and not more than $500 
may be adjudged for each day of that violation, and the person may be ordered to pay 
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restitution to the primary enforcement authority for costs incurred in investigating the 
violation and enforcing the provisions of this chapter. 
2. 
Repeat violations. 
A person who violates section 3302 after having been 
adjudicated as having committed 3 or more civil violations under section 3302 within the 
previous 5-year period commits a Class E crime. In addition to any penalties that may be 
imposed by law for each day of that violation, the person may be ordered to pay restitution 
to the primary enforcement authority for costs incurred in investigating the violation and 
enforcing the provisions of this chapter. 
3. Removal of structures. A person who violates section 3302 shall remove the 
violating nonwater-dependent floating structure from the internal waters that the structure 
was placed or used in, on or over and is responsible for all costs associated with the removal 
and the costs of any damage to persons or property caused by the structure's placement or 
use. 
4. Abandoned structures. An abandoned nonwater-dependent floating structure may 
be removed, possessed, sold, destroyed or otherwise disposed of by the State, a 
municipality or other primaty enforcement authority. The authority provided under this 
subsection does not affect the authority granted under Title 12, section 1866 related to the 
removal of an abandoned watercraft pursuant to that section. 
§3306. Enforcement 
Any person described in Title 12, section 10403 may enforce the provisions of this 
chapter. 
§3307. Rulemaking 
In consultation with the Department of Marine Resources and the Department of Inland 
Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry may 
adopt rules clarifying the application of the provisions of this chapter to watercraft, 
houseboats, nonwater-dependent floating structures and nonwater-dependent uses. rules 
clarifying or expanding the scope of the exceptions to the prohibition under section 3302 
and other rules necessary for the implementation of this chapter. Rules adopted pursuant 
to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 13. Report. The Department oflnland Fisheries and Wildlife shall submit, no 
later than February 1, 2026, a report to the Joint Standing Committee on Inland Fisheries 
and Wildlife with updated information on nonwater-dependent floating structures in the 
State and the implementation of this Act. The report may include recommendations for 
statutory changes. The committee may report out a bill based on the report to the Second 
Regular Session of the 132nd Legislature.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
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COMMITTEE AMENDMENT 'k' to H.P. 1182, L.D. 1763 
SUMMARY 
This amendment replaces the bill. It implements a prohibition on the placement or use 
of a nonwater-dependent floating structure on internal waters of the State. As defined in 
the amendment, "nonwater-dependent floating structure" means a waterborne structure that 
is supported wholly or paitially by the structure's own buoyancy and that supports a 
nonwater-dependent use. "Nonwater-dependent uses" is defined as those uses that can 
function in a location other than the surface waters of the State and that do not require, for 
their prima1y purpose, location on submerged lands or direct access to internal waters. The 
prohibition includes exceptions for functionally water-dependent uses, swimming 
structures, water toys, ice fishing shacks, aquaculture facilities, authorized nonwater-
dependent floating structures, preexisting nonwater-dependent floating structures and other 
facilities and structures exempted through agency rulemaking. Criteria for authorized and 
preexisting nonwater-dependent floating structures are provided in the amendment. The 
amendment also establishes penalties for violating the prohibition on nonwater-dependent 
floating structures. Finally, the amendment directs the Depaitment of Inland Fisheries and 
Wildlife to, by February 1, 2026, submit a report to the Joint Standing Committee on Inland 
Fisheries and Wildlife with updated information on nonwater-dependent floating structures 
in the State and the implementation of this legislation. The report may include 
recommendations for statutory changes. The committee may report out a bill based on the 
report to the Second Regular Session of the 132nd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/25 L-RL-
LD 1763 · 
LR 885(02) 
An Act to Regulate Nonwater-dependent Floating Structures on Maine's Waters 
Fiscal Note for Bill as Amended by Committee Amendment~' {H-b~L}\ 
Committee: Inland Fisheries and Wildlife 
l ) 
Fiscal Note Required: Yes 
Fiscal Note 
Cunent biennium revenue increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. The additional worldoad associated with the 
minimal number of new cases does not require additional funding at this time. The collection of additional fines and 
filing fees will increase General Fund or other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Provisions of this bill that allow owners of nonwater-dependent floating strnctures existing as of January 1, 2025, to 
apply for a lease with the Department of Agriculture, Conservation and Forestry are expected to generate additional 
Other Special Revenue Funds revenue for the department. However, because lease revenue is based on the square 
footage of the structures and it is unlmown µow many owners will apply, the amount of additional revenue ca1111ot be 
estimated at this time. 
Any additional costs to the Department oflnland Fisheries and Wildlife and the Department of Marine Resources 
from the provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR0885(02) - Fiscal Note - Page 1 of 1