An Act To Help Small Businesses and Promote Tourism by Allowing the Construction of a Platform, Walkway or Deck over a River or Marshland
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-BB, sub-§2, ¶B, as enacted by PL 2011, c. 362, §1, is amended to read:
B. If a vernal pool depression is bisected by a property boundary and a landowner proposing to cause an impact does not have permission to enter the abutting property, only that portion of the vernal pool depression located on property owned or controlled by that landowner may be considered in determining whether the vernal pool is significant. A written department determination that a vernal pool is not significant pursuant to this paragraph remains valid regardless of timeframe ; .
Sec. 2. 38 MRSA §480-BB, sub-§2, ¶C is enacted to read:
C. A proposal by a unit of local government to provide a wooden viewing platform, not to exceed 300 square feet in area, or a wooden pedestrian boardwalk, not to exceed 6 feet in width, over a river or marshland, or a proposal by a unit of local government for an elevated wooden or metal deck, not to exceed 750 square feet in area, cantilevered over a river or marshland for which no more than 4 new pilings, or the fewest number required for safety, would be installed in the river or marshland below the deck, proposed as part of a downtown revitalization project, even if the deck would be privately owned or operated, is not subject to regulation under this section if approval is first obtained by an affirmative vote of a municipal referendum. Before a referendum may be held, the municipal officers shall hold a public hearing noticed in the same manner as that required for calling a special meeting of the municipality's legislative body and the municipal officers must find that the project in question would not negatively affect any significant wildlife habitat;
summary
This bill provides that construction of a platform or walkway or deck over a river or marshland may be exempt from the Department of Environmental Protection's rules relative to significant wildlife habitat under certain conditions, including if the affected municipal government finds that the platform, walkway or deck would not negatively affect any significant wildlife habitat and the project is approved by local referendum.