Maine LD 1246: An Act To Include Endangered And Threatened Species Habitat In The Definition Of "Significant Wildlife Habitat" Under The Natural Resources Protection Act

Bill Text

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 794 - L.D. 1246
An Act to Include Endangered and Threatened Species Habitat in the
Definition of "Significant Wildlife Habitat" Under the Natural Resources
Protection Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-B, sub-§10, ¶A, as amended by PL 2009, c. 561, §37, is
further amended to read:
A. The following areas to the extent that they have been mapped by the Department
of Inland Fisheries and Wildlife or are within any other protected natural resource:
habitat, as defined by the Department of Inland Fisheries and Wildlife, for species
appearing on the official state or federal list of endangered or threatened animal
species; high and moderate value deer wintering areas and travel corridors as defined
by the Department of Inland Fisheries and Wildlife; seabird nesting islands as defined
by the Department of Inland Fisheries and Wildlife; and critical spawning and nursery
areas for Atlantic salmon as defined by the Department of Marine Resources; and
Sec. 2. 38 MRSA §480-B, sub-§10, ¶B, as enacted by PL 2005, c. 116, §2, is
amended to read:
B. Except for solely forest management activities, for which "significant wildlife
habitat" is as defined and mapped in accordance with section 480‑I by the Department
of Inland Fisheries and Wildlife, the following areas that are defined by the Department
of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the
Department of Environmental Protection or are within any other protected natural
resource:
(1) Significant vernal pool habitat;
(2) High and moderate value waterfowl and wading bird habitat, including nesting
and feeding areas; and
(3) Shorebird nesting, feeding and staging areas.; and
(4) Habitat for state endangered and state threatened species listed under Title 12,
section 12803, subsection 3 that is within another protected natural resource area
APPROVED
JUNE 12, 2023
BY GOVERNOR
CHAPTER
156
PUBLIC LAW

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or that is located wholly or partly within the boundaries of a proposed project site
that requires approval from:
(a) The department pursuant to this article or article 6, 7 or 8-A, except for
activity or development on a residential lot that is not part of a proposed multi
lot housing development; or
(b) The Maine Land Use Planning Commission pursuant to this article as
provided in section 480-E-1 or, for subdivisions and nonresidential uses only,
pursuant to Title 12, chapter 206-A.
Sec. 3. 38 MRSA §480-BB, first ¶, as enacted by PL 2005, c. 116, §5, is amended
to read:
The Department of Inland Fisheries and Wildlife shall adopt rules that define
"significant vernal pool habitat," "high and moderate value waterfowl and wading bird
habitat," and "shorebird nesting, feeding and staging areas" and "habitat for state
endangered and state threatened species listed under Title 12, section 12803, subsection 3"
under section 480‑B, subsection 10, paragraph B. The Department of Environmental
Protection shall adopt rules regarding the criteria used to determine whether an area is
significant vernal pool habitat, high and moderate value waterfowl and wading bird habitat
or, shorebird nesting, feeding and staging areas or habitat for state endangered and state
threatened species listed under Title 12, section 12803, subsection 3 under section 480‑B,
subsection 10, paragraph B. The rules, as applicable, must: