An Act Regarding the
Maine Legislature, Session 132, LD 0497
Committee Amendment CA_A_H606 (House)
Amends: 38 MRSA §480-B

COMMITTEE AMENDMENT "/-^" to H.P. 326, L,D. 497, "An Act Regarding the
Department of Environmental Protection"
Amend the bill by striking out the title and substituting the following:
'An Act Regarding the Regulation of Significant Verual Pools Under the Natural
Resources Protection Act'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 38 MRSA §480-BB, sub-§l-A is enacted to read:
1-A. Sienificant vernal pool habitat; definitions. With respect to significant vemal
pool habitat, defme:
A, "Critical terrestrial habitat" to mean uplands and wetlands associated with
significant vernal pools used by pool-breedme amohibians for mieration. feeding and
hibemation, in particular, forested wetlands and forested uplands that provide deep
organic litter, coarse woody debris and canopv shade;
B, "Significant vernal pool habitat" to mean a sienificant vemal pool and that portion
of the critical terrestrial habitat within 250 feet of the spring or fall high-water mark of
the vemal pool depression; and
C. "Sienificant vernaLpoQLpi'Qtection^^^^^^^^^^ to mean that portion of the critical
terrestrial habitat within 100 feet of the spring or fall hieh-water mark of a significant
vemal pool depression. With resoect to habitat management standards for ^
vemal pool habitat, the rule must require no disturbance within the significant vernal
pool depression andthe^sigmficantv^ zoneto_the greatestextent
practicable;
Sec. 2. 38 MRSA §480-BB, sub-§2, as amended by PL 2013,c. 231, §§4 and 5, is
further amended to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^
COMMITTEE AMENDMENT "M " to H.P. 326, L.D. 497
2. Certain landowners not subject to regulation. Provide the following exemptions
to regulation.
A;—A landowner proposing to cause an impact on the buffer area defined for a
sigaifioant vernal pool habitat ia not subject to regulation pursuant to the rule if the
significant vemal pool habitat depression is not on property owned or controlled by
that landowner,
B. If a vemal pool depression is bisected by a property boundary and a landowner
proposing to cause an impact does not have permission to enter the abuttmg property,
only that portion of the vemal pool depression located on property owned or controlled
by that landowner may be considered in determining whether the vemal pool is
significant. A written department determination that a vemal pool is not significant
pursuant to this paragraph remains valid regardless oftimeframe.
Where the critical terrestrial habitat for a significant vemal oool is bisected by one or
more prooertv boundaries. the critical terrestrial habitat located on a property that does
not contain the vemal pool depression must be afforded the same habitat protections
ynderjhe_ru!e_a^th^^ntica! ten^stnal^ property that contains the
vemal oool depression.
C. Rules adopted under this section may not require an applicant for a license for a
working waterfront activity on workmg waterfront land that is part of a state or federal
brownfields program or a voluntary response action program under section 3 43-E to
compensate for lost habitat function with a function of equal or greater value or to
provide a compensation fee pursuant to section 480-Z;
Sec. 3. 38 MRSA §480-BB, sub-§4-A is enacted to read;
4-A. Identification of sienificantvernal pools; drying. Provide that. when a vemal
pool habitat has not previously been determined to be sienificant and the department or the
Department M Inland Fisheries andJVUdlife makes a determinationconcemmg -whether
the vemal pool habitat is significant, either department may determine that the vemal pool
habitat is not significant if:
A, The vemal BQo]Ljslocated mnorthemJVIame and_dries out after filling and before
July 15th: or
B. The vemal pool js located in southem Maine and dries out after filling and before
July 1st:'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment, which is the majority report of the committee, changes the title of
and replaces the bill, which is a concept draft. It amends provisions of the Natural
Resources Protection Act regarding significant wildlife habitat to require the following
provisions in the Department of Environmental Protection's mles regulating significant
vernal pools,
1, It requires that the rules include definitions for "critical terrestrial habitat,"
"significant vemal pool habitat" and "significant vemal pool protection zone." "Significant
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT "L^" to H.P, 326, L.D. 497
COMMITTEE AMENDMENT "JV
vemal pool protection zone" must be defmed to mean that portion of the critical terrestrial
habitat within 100 feet of the spring or fall high-water mark of a significant vernal pool
depression. With respect to habitat management standards for significant vemal pool
habitat, the rule must require no disturbance within the significant vemal pool depression
and the significant vemal pool protection zone to the greatest extent practicable.
2, It provides that, where the critical terrestrial habitat for a significant vemal pool is
bisected by one or more property boundaries, the critical terrestrial habitat located on a
property that does not contain the vemal pool depression must be afforded the same habitat
protections under the rule as the critical terrestrial habitat located on the property that
contains the vemal pool depression. The amendment also repeals a provision of law
providing that a landowner proposing to cause an impact on the buffer area defined for a
significant vernal pool habitat is not subject to regulation pursuant to the rule if the
significant vemal pool habitat depression is not on property owned or controlled by that
landowner.
3, It provides that, when a vemal pool habitat has not previously been determined to
be significant and the Department of Environmental Protection or the Department of Inland
Fisheries and Wildlife makes a determination concermng whether the vemal pool habitat
is significant, the rule must provide that either department may determine that the vernal
pool habitat is not significant if the vemal pool is located m northern Maine and dries out
after filling and before July 15th or the vemal pool is located in southern Maine and dries
out after filling and before July 1st,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 05/19/25 i-KL-
LD 497 LR 1932(02)
An Act Regarding the Department of Environmental Protection
Fiscal Note for Bill as Amended by Committee Amendment 'j^'
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
jMinor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection or to the Department of Inland Fisheries and
Wildlife to adopt the changes in this bill are expected to be minor and can be absorbed within existing budgeted
resources.
LR1932(02) - Fiscal Note - Page 1 of 1