An Act to Exempt Airports from Certain State Endangered and
Maine Legislature, Session 132, LD 0138
Committee: Environment and Natural Resources
Sponsors: BENNETT
Amends: 12 MRSA §12804, 12 MRSA §12806, 38 MRSA §480-B

Legislative Document
No. 138
S.P. 74
In Senate, January 8, 2025
An Act to Exempt Airports from Certain State Endangered and 
Threatened Species Habitat Protections
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Senator: TIMBERLAKE of Androscoggin, Representatives: FREDERICKS 
of Sanford, MASTRACCIO of Sanford, ROBERTS of South Berwick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §12804, sub-§3-A is enacted to read:
3-A.  Exception.  Notwithstanding any provision of this subchapter or rule adopted 
pursuant to this subchapter to the contrary, for species designated as endangered or 
threatened under this subchapter, the commissioner may not identify for special 
management considerations pursuant to subsection 2 any area located on the property of an 
airport or develop protection guidelines pursuant to subsection 3 for that area.  As used in 
this subsection, "airport" means an airport described in Title 6, section 101.
Sec. 2.  12 MRSA §12806, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
1.  Review.  A Except as otherwise provided in this subsection, a state agency or 
municipal government may not permit, license, fund or carry out projects that will:
A.  Significantly alter the habitat identified under section 12804, subsection 2 of any 
species designated as threatened or endangered under this subchapter; or
B.  Violate protection guidelines set forth in section 12804, subsection 3.
The restrictions in this subsection do not apply to a project located on the property of an 
airport. As used in this subsection, "airport" means an airport described in Title 6, section 
101.  The commissioner shall make information under section 12804 available to all other 
state agencies and municipal governments for the purposes of review.
Sec. 3.  38 MRSA §480-B, sub-§10, ¶B, as amended by PL 2023, c. 156, §2, is 
further amended by amending subparagraph (4) to read:
(4)  Habitat for state endangered and state threatened species listed under Title 12, 
section 12803, subsection 3 that is within another protected natural resource area 
or that is located wholly or partly within the boundaries of a proposed project site 
that requires approval from:
(a)  The department pursuant to this article or article 6, 7 or 8‑A, except for 
activity or development at an airport or activity or development on a residential 
lot that is not part of a proposed multi lot multilot housing development; or
(b)  The Maine Land Use Planning Commission pursuant to this article as 
provided in section 480‑E‑1 or, for subdivisions and nonresidential uses only, 
pursuant to Title 12, chapter 206‑A.
As used in this subparagraph, "airport" means an airport described in Title 6, 
section 101.
SUMMARY
This bill exempts the property of an airport from protections for state endangered and 
threatened species that may require special management considerations or protection 
guidelines and from restrictions on state and municipal approval of projects that may 
significantly impact state endangered and threatened species habitats.