Sec. 1. 38 MRSA §436-A, sub-§10-A is enacted to read:

10-A.__Public pathway.__"Public pathway" means a cleared way constructed for public nonmotorized recreational uses, including walking, jogging, skiing and biking, and for wheelchair access, approved by the municipality in which the public pathway is located.

Sec. 2. 38 MRSA §436-A, sub-§12, as enacted by PL 1987, c. 815, §§3 and 11, is amended to read:

12. Structure. "Structure" means anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences and public pathways.

Sec. 3. 38 MRSA §438-A, sub-§1-C is enacted to read:

1-C.__Guidelines for public pathways.__The guidelines may not prohibit public pathways nor allow the public pathways to be treated as structures.

Sec. 4. 38 MRSA §439-A, sub-§8 is enacted to read:

8.__Public pathways.__Notwithstanding the provisions of subsections 5 and 6, a municipal ordinance providing for the construction in a shoreland area of a public pathway must ensure the pathway meets the following criteria:

A.__An alternative location is not available that provides a similar opportunity for outdoor recreation activities and scenic enjoyment in close proximity to the shore of the body of water; and

B.__The proposed public pathway is:

(1) Located on a natural ground slope of less than 20 degrees;

(2) Sited so that a minimum of tree cutting is required;

(3) Located so that an adequate vegetation buffer is maintained;

(4) Constructed with a minimum amount of fill to reduce the impact on the flood plain;

(5) Sited so that there is a minimal impact on wetland areas, streams, ponds or marine uses;