An Act to Facilitate the
Maine Legislature, Session 132, LD 1864
Committee Amendment CA_A_S246 (Senate)

COMMITTEE AMENDMENT" ff; to S.P. 734, L.D. 1864, "An Act to Facilitate the 
Reconstruction of Storm-damaged Commercial Fisheries Facilities and lnfrastrncture', 
Amend the bill in the emergency preamble in the 2nd parngraph in the last 2 lines (page 
1, lines 6 and 7 in L.D.) by striking out the following: "town of Harpswell" and inserting 
the following: 'State's coa,stal municipalities' . 
Amend the bill in the emergency preamble in the 3rd paragraph in the 2nd line (page 
1, line 9 in L.D.) by striking out the following: "Harpswell" and inserting the following: 
'the State' 
Amend the bill in the emergency preamble in the 4th paragraph in the first line (page 
1, line 12 in L.D.) by striking out the following: "local law" and inserting the following: 
'certain local laws' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inse1ting the following: 
'Sec. 1. Variance petition; exemption fl'om reasonable return variance 
standard. The Maine Revised Statutes, Title 30-A, section 4353, subsection 4, parngraph 
A does not apply to a petition for a variance from one or more provisions of a municipal 
shoreland zoning ordinance or a 1nunicipal floodplain management ordinance that is filed 
with the municipality's boa1·d of appeals established pursuant to Title 30-A, section 4353 
if: 
A. The petitioner demonstrates to the board of appeals that the petitione1· suffered 
substantial damage to a dock, pier or whaif, or a structure placed thereon, as a result of the 
severe stonns or flooding that occuned from January 9, 2024 to Janua1y 13, 2024; 
B. The damaged dock, pier 01· wharf, or structure placed thereon, identified pursuant to 
parngrnph A is proposed to be reconstructed or replaced in kind and is a functionally water-
dependent structure or has a functionally water-dependent use; and 
C. The petition is determined complete for processing by the board of appeals no later 
than December 31, 2027.' 
Page I • 132LR2323(02) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/+" to S.P. 734, L.D. 1864 ( ':)-D-11{) 
. Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
numbe1· to read consecutively. 
• 
SUMMARY 
This amendment amends the bill by providing a time-limited exemption to the Maine 
Revised Statutes, Title 30-A, section 4353, subsection 4, paragraph A to allow any person 
in the State, not just those in the Town of Harpswell as proposed in the bill, whose dock, 
pier 01· wharf was damaged by the severe storms and flooding that occurred from Janua1y 
9, 2024 to Janua1y 13, 2024, to, no late1· than December 31, 2027, petition a municipality's 
board of appeals for and be granted a variance from a municipal shore land zoning ordinance 
or a municipal floodplain management ordinance, even if the land on which the structure 
is located was not damaged to such an extent that it yields no reasonable return, so that the 
person may conduct repairs on those strnctures and may do so in time to take advantage of 
federal funds available pursuant to an emergency declaration. 
The amendment also 
changes the bill from a private and special law to a public law. 
· Page 2 - 132LR2323(02) 
COMMITTEE AMENDMENT