An Act Relating to Nonwater-dependent Floating Structures
Maine Legislature, Session 132, LD 2215
Amends: 12 MRSA §13056, 38 MRSA §3301, 38 MRSA §3302, 38 MRSA §3303, 38 MRSA §3304, 38 MRSA §3305

Legislative Document
No. 2215
H.P. 1494
House of Representatives, February 24, 2026
An Act Relating to Nonwater-dependent Floating Structures
Reported by Representative ROBERTS of South Berwick for the Joint Standing Committee 
on Inland Fisheries and Wildlife pursuant to Public Law 2025, chapter 378, section 13.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §13056, sub-§3-A, ¶B, as enacted by PL 2025, c. 378, §10, is 
amended to read:
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 
standards related to the field of vision from the helm position as recommended by the 
American Boat and Yacht Council or its successor organization;
Sec. 2.  38 MRSA §3301, sub-§1, as enacted by PL 2025, c. 378, §12, is amended 
to read:
1.  Abandoned nonwater-dependent floating structure.  "Abandoned nonwater-
dependent floating structure" means a nonwater-dependent floating structure that has been 
left in, on or over internal the waters of this State for more than 24 hours without intention 
of removal by the owner, as determined by the primary enforcement authority.
Sec. 3.  38 MRSA §3301, sub-§2, as enacted by PL 2025, c. 378, §12, is repealed.
Sec. 4.  38 MRSA §3301, sub-§8, as enacted by PL 2025, c. 378, §12, is repealed.
Sec. 5.  38 MRSA §3301, sub-§11, as enacted by PL 2025, c. 378, §12, is amended 
to read:
11.  Nonwater-dependent uses.  "Nonwater-dependent uses" means those uses that 
can function in a location other than on the surface waters of the this State and that do not 
require, for their primary purpose, location on submerged lands or direct access to inland 
waters or coastal territorial waters.
Sec. 6.  38 MRSA §3301, sub-§11-A is enacted to read:
11-A.  Territorial waters.  "Territorial waters" has the same meaning as in Title 12, 
section 6001, subsection 48-B.
Sec. 7.  38 MRSA §3301, sub-§13 is enacted to read:
13.  Waters of this State.  "Waters of this State" has the same meaning as in Title 12, 
section 13001, subsection 30.
Sec. 8.  38 MRSA §3302, first ¶, as enacted by PL 2025, c. 378, §12, is amended 
to read:
Except as otherwise provided in this chapter, a person may not place or use a nonwater-
dependent floating structure in, on or over internal the waters of this State.
Sec. 9.  38 MRSA §3303, sub-§2, as enacted by PL 2025, c. 378, §12, is amended 
to read:
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 temporary tie-off of watercraft, is 
placed on internal the waters of the this State and is temporarily or permanently anchored 
to the bottom of those waters;    
Sec. 10.  38 MRSA §3304, sub-§1, as enacted by PL 2025, c. 378, §12, is amended 
to read:
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 Department 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 this 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.
Sec. 11.  38 MRSA §3304, sub-§6, ¶B, as enacted by PL 2025, c. 378, §12, is 
amended to read:
B.  If the structure is located on coastal territorial waters, it must comply with 33 United 
States Code, Section 1322.
Sec. 12.  38 MRSA §3304, sub-§7, ¶B, as enacted by PL 2025, c. 378, §12, is 
amended to read:
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 this State.
Sec. 13.  38 MRSA §3305, sub-§3, as enacted by PL 2025, c. 378, §12, is amended 
to read:
3.  Removal of structures.  A person who violates section 3302 shall remove the 
violating nonwater-dependent floating structure from the internal waters of this State 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.  
SUMMARY
This bill is reported out by the Joint Standing Committee on Inland Fisheries and 
Wildlife pursuant to Public Law 2025, chapter 378.  The bill makes changes to definitions 
related to the laws governing nonwater-dependent floating structures.  It replaces the term 
"internal waters," which is defined as waters under the exclusive jurisdiction of the State, 
with the term "waters of this State," which is defined as all internal waters and all federal 
waters within the jurisdiction of the State.  It replaces the term "coastal waters" with the 
term "territorial waters."  The bill also provides that, in order for the owner 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 to obtain a certificate of number from the 
Commissioner of Inland Fisheries and Wildlife, the homemade watercraft must meet all 
applicable operating visibility standards related to the field of vision from the helm position 
as recommended by the American Boat and Yacht Council or its successor organization.
FISCAL NOTE REQUIRED
(See attached)
Revised: 02/18/26
LD 2215
LR 3047(01)
Fiscal Detail and Notes
Fiscal Note
Minor cost increase - General Fund
Any additional costs to the Department of Inland Fisheries and Wildlife from the provisions of this bill are expected to 
be minor and can be absorbed within existing budgeted resources.
An Act Relating to Nonwater-dependent Floating Structures
Fiscal Impact for a Committee Bill
Committee: Not Referred
Fiscal Note Required: Yes
LR3047(01) - Fiscal Note - Page 1 of 1