‘An Act Regarding the Construction or Placement of Decks and the Temporary Storage of Certain Docks within the Shoreland Zone’
| HP0291 LD 400 |
Session - 128th Maine Legislature C "A", Filing Number H-165, Sponsored by
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LR 933 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Regarding the Construction or Placement of Decks and the Temporary Storage of Certain Docks within the Shoreland Zone’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 38 MRSA §439-A, sub-§10 is enacted to read:
(1) The deck is for residential use;
(2) The deck does not exceed 144 square feet in area;
(3) The deck is not constructed or placed on any area of land with a grade exceeding 3%;
(4) The deck is constructed or placed on permeable material, including, but not limited to, riprap, gravel and mulch; and
(5) No portion of the deck, including any deck supports, extends over or into the water body or wetland.
Sec. 2. 38 MRSA §444, as amended by PL 2001, c. 40, §2, is further amended by adding at the end a new paragraph to read:
Notwithstanding any provision of law to the contrary or any provision of a local ordinance to the contrary, a person who has constructed or placed a dock in or over a water body or wetland that remains in or over the water body or wetland for less than 7 months in any period of 12 consecutive months and is stored on the person's property within the setbacks established pursuant to section 439-A, subsection 4 for the remainder of the period is not subject to penalties under Title 30-A, section 4452, subsection 3 relating to the temporary storage.’
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill and changes the title and allows the construction or placement of a deck within the setbacks established pursuant to the laws governing shoreland zoning as long as certain requirements are met. The amendment also clarifies that the temporary storage of a seasonally used dock within the shoreland zoning setback area is not subject to civil penalties associated with the enforcement of local land use laws or ordinances.