An Act To Protect Maine's Great Ponds
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §418-B is enacted to read:
§ 418-B. Prohibition on application of fertilizers near great ponds
1. Prohibition. Notwithstanding any other provision of law, a person may not apply a fertilizer within 50 feet of the normal high-water line of a great pond. As used in this section, "fertilizer" has the same meaning as in section 419, subsection 1, paragraph A-3.
2. Exceptions. Subsection 1 does not apply to:
A. A fertilizer application for the purpose of agriculture. Nothing in this paragraph relieves a person applying a fertilizer for the purpose of agriculture from the obligation to comply with best management practices and all applicable requirements for a nutrient management plan in accordance with Title 7, chapter 747; or
B. A fertilizer application for the purpose of establishing or restoring vegetation to stop, slow or remediate shoreline erosion or damage pursuant to a recommendation from a soil sample test conducted by the University of Maine Cooperative Extension Service or other individual determined by the department to be qualified to conduct an appropriate soil sample test and make such a recommendation. The department may adopt rules setting forth the necessary criteria for an individual to be qualified under this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill creates a prohibition on the application of fertilizers within 50 feet of the normal high-water line of a great pond, with exceptions for persons involved in agriculture or applying fertilizer to establish or restore vegetation to stop, slow or remediate shoreline erosion or damage.