LD 1234
pg. 4
Page 3 of 4 An Act To Protect Moderate-value and High-value Bird Habitats LD 1234 Title Page
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LR 603
Item 1

 
governing the guidelines for municipal shoreland zoning
ordinances, and to extend currently existing protections of
shoreland zoning to certain candidates for designation as high-
value and moderate-value waterfowl and wading bird habitats.

 
Under current law, the Board of Environmental Protection is
directed in the Maine Revised Statutes, Title 38, section 438-
A, subsection 1 to adopt and update guidelines for municipal
zoning and land use controls, including the establishment of
resource protection zones. In department rules governing
municipal shoreland zoning ordinances, "resource protection
district" is defined as "areas within 250 feet
of...wetlands...which are rated 'moderate' or 'high' value by
the Maine Department of Inland Fisheries and Wildlife as of
January 1, 1973. (emphasis added)" This bill codifies
language following that rule that suggests that, as
significant wildlife habitat continues to be "mapped and
development standards are established, municipalities should
incorporate such areas and standards into their locally
adopted ordinances."

 
This bill expands the definition of "significant wildlife
habitat" to include the more than 100 candidates proposed by
the staff of the Department of Inland Fisheries and Wildlife
for designation as high and moderate value waterfowl and
wading bird habitats, including nesting and feeding areas,
that have a completed Department of Inland Fisheries and
Wildlife field survey under the ecoregional survey for water
birds. The bill also excludes those habitats and areas from
the requirement that maps of such areas be adopted by rule by
the Department of Inland Fisheries and Wildlife and instead
deems those areas to be mapped by the department.


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