Maine LD 649: An Act To Promote Water Conservation And Water Quality And Create Habitat For Wildlife, Including Pollinator Species, By Protecting Low-Impact Landscaping

Bill Text

Page 1 - 131LR0764(02)
COMMITTEE AMENDMENT
1 L.D. 649
2 Date: (Filing No. S- )
3 JUDICIARY
4 Reproduced and distributed under the direction of the Secretary of the Senate.
5 STATE OF MAINE
6 SENATE
7 131ST LEGISLATURE
8 FIRST SPECIAL SESSION
9 COMMITTEE AMENDMENT “ ” to S.P. 266, L.D. 649, “An Act to Promote
10 Water Conservation and Water Quality and Create Habitat for Wildlife, Including
11 Pollinator Species, by Protecting Low-impact Landscaping”
12 Amend the bill by striking out everything after the enacting clause and inserting the
13 following:
14 'Sec. 1. 33 MRSA c. 28-B is enacted to read:
15 CHAPTER 28-B
16 PROTECTION OF LOW-IMPACT LANDSCAPING
17 §1451. Protection of low-impact landscaping
18 1. Definitions. As used in this section, unless the context otherwise indicates, the
19 following terms have the following meanings.
20 A. "Condominium" has the same meaning as in section 1601-103, subsection (7).
21 B. "Low-impact landscaping" means landscaping techniques that conserve water,
22 lower maintenance costs, provide pollution prevention and create habitat for wildlife.
23 "Low-impact landscaping" includes gardens and other features designed to attract
24 wildlife generally and pollinator species more specifically; rain gardens and other
25 features that use natural biological principles to return rainwater to the soil and to filter
26 rainwater of excess nutrients; and other forms of landscaping or gardening that reduce
27 or eliminate the need for supplemental water from irrigation.
28 C. "Real estate subject to common ownership" means residential real estate, portions
29 of which are designated for separate ownership and the remainder of which is
30 designated for common ownership solely by the owners of those portions and that
31 common ownership is in the form of undivided interests in that common portion.

COMMITTEE AMENDMENT “ ” to S.P. 266, L.D. 649
Page 2 - 131LR0764(02)
COMMITTEE AMENDMENT
1 D. "Restriction" includes any covenant, restriction or condition contained in a deed,
2 declaration, contract, bylaw, rule or other instrument governing activities on real estate
3 within a condominium or real estate subject to common ownership.
4 E. "Unreasonable limitation" includes a limitation that significantly increases the cost
5 of low-impact landscaping, significantly decreases the efficiency of low-impact
6 landscaping or requires cultivated vegetation to consist in whole or in part of turf grass.
7 2. Prohibition. A restriction established on or after January 1, 2024 may not put an
8 unreasonable limitation on low-impact landscaping on any portion of a condominium or
9 real estate subject to common ownership that is not subject to common ownership and that
10 the owner has the right to exclusive use of as long as the owner maintains and regularly
11 tends to the low-impact landscaping.
12 3. Construction; application. This section may not be construed to prohibit a
13 restriction relating to reasonable design and aesthetic guidelines regarding the type, number
14 and location of low-impact landscaping features. This section does not apply to a
15 restriction on historic property that is listed in or determined by the Maine Historic
16 Preservation Commission to be eligible for inclusion in the National Register of Historic
17 Places.'
18 Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
19 number to read consecutively.
20 SUMMARY
21 This amendment replaces the bill. The amendment limits the prohibition established
22 within the bill to prohibit restrictions on low-impact landscaping established on or after
23 January 1, 2024 that apply to condominiums or other real estate subject to common
24 ownership.
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