Previous PageTable Of ContentsNext Page

PUBLIC LAWS OF MAINE
Second Special Session of the 118th

CHAPTER 748

H.P. 1635 - L.D. 2265

An Act to Reduce Nonpoint Source Pollution from Existing Sources, Amend the Shoreland Zoning Laws and Amend the Site Location of Development Laws

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 38 MRSA §420-C, as amended by PL 1997, c. 502, §1, is further amended by inserting after the first paragraph a new paragraph to read:

     A person who owns property that is subject to erosion because of a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials shall take measures in accordance with the dates established under this paragraph to prevent unreasonable erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. Adequate and timely

     temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005 to property that is located in the watershed of a body of water most at risk as identified in the department's storm water rules adopted pursuant to section 420-D and that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. This paragraph applies on and after July 1, 2010 to other property that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8.

     Sec. 2. 38 MRSA §436-A, sub-§1-A is enacted to read:

     1-A. Basement. "Basement" means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level.

     Sec. 3. 38 MRSA §439-A, sub-§4-A is enacted to read:

     4-A. Alternative expansion requirement. Notwithstanding subsection 4, a municipality may adopt an ordinance pursuant to this subsection that permits expansions of principal and accessory structures that do not meet the water setback requirements approved by the Board of Environmental Protection if the ordinance is no less restrictive than the requirements in this subsection.

     Sec. 4. 38 MRSA §488, sub-§15, as corrected by RR 1995, c. 2, §97, is amended to read:

     15. Exemption for former military bases. Development on a military base at the time ownership of the military base is acquired by a state or local development authority is exempt from review under this article. Subsequent transfer of ownership of a former military base or any portion of a former military base by a state or local development authority to another entity does not affect the exemption granted under this subsection. Development proposed or occurring on a former military base after ownership of the military base is acquired by a state or local development authority is subject to review under this article, except that section 482, subsection 2, paragraph E does not apply to the development to the extent that the development reuses a building and associated facilities in existence on September 29, 1995.

For purposes of this subsection, "military base" means all property under the ownership or control of a federal military authority prior to the acquisition of ownership by a state or local development authority, the ownership of which is subsequently acquired by a state or local development authority. For purposes of this subsection, "ownership" means a fee interest or leasehold interest in property.

     Sec. 5. Reports; nonpoint source pollution. By January 15, 1999, the Department of Environmental Protection shall submit the following reports to the joint standing committee of the Legislature having jurisdiction over natural resources matters. In developing these reports, the department shall consult with interested persons and relevant state agencies.

     1. The department shall submit a report that includes an evaluation of options and recommendations for improving the implementation and maintenance of buffer strips along water resources, including small streams, except that the report may not address buffer strips on land used for agricultural or silvicultural activities. The department shall consider both regulatory and nonregulatory approaches and shall evaluate at least the following options: changes to the mandatory shoreland zoning laws to include first order streams in the shoreland zone and changes to the natural resources protection laws to apply those laws to the cutting of vegetation adjacent to streams.

     2. The department shall submit a report, in cooperation with the Department of Human Services, that includes an evaluation of options and recommendations for identifying and facilitating the upgrade or replacement of substandard subsurface disposal systems. The report must include a recommendation on whether a program for identifying and upgrading or replacing substandard subsurface disposal systems should be limited to systems located in the shoreland zone associated with great ponds or should include other shoreland areas, particularly those abutting clam flats and other shellfish harvesting areas.

     3. The department shall evaluate the availability of nonphosphorous fertilizer for use on lawns and other domestic areas and recommend measures for increasing consumer use of nonphosphorous fertilizers.

     The joint standing committee of the Legislature having jurisdiction over natural resources matters may

     report out legislation to the First Regular Session of the 119th Legislature regarding buffer strips along water resources and substandard subsurface disposal systems.

     Sec. 6. Report; erosion control. By January 15, 2004, the Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding compliance with the Maine Revised Statutes, Title 38, section 420-C. The report must evaluate past and projected compliance with the erosion control laws and may include recommendations regarding staffing requirements necessary to ensure compliance with section 420-C.

     The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation to the Second Regular Session of the 121st Legislature regarding compliance with the erosion control laws.

     Sec. 7. Report; shoreland zoning. By January 15, 2003, the Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding compliance with the Maine Revised Statutes, Title 38, section 439-A, subsection 4-A. The report must evaluate use of and compliance with the alternative expansion provisions of that subsection and evaluate the environmental benefit of the provisions in comparison with the measures permissible under Title 38, section 439-A, subsection 4.

Effective July 9, 1998, unless otherwise indicated.

Revisor of Statutes Homepage Subject Index Search Laws of Maine Maine Legislature

About the Laws Of Maine

Previous PageTop Of PageTable Of ContentsNext Page

Office of the Revisor of Statutes
State House, Room 108
Augusta, Maine 04333
(207) 287-1650 Fax: (207) 287-6468

Contact the Office of the Revisor of Statutes