An Act to Facilitate the Reconstruction of Storm-damaged Commercial Fisheries Facilities and Infrastructure

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 734 - L.D. 1864
An Act to Facilitate the Reconstruction of Storm-damaged Commercial
Fisheries Facilities and Infrastructure
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, on March 20, 2024, President Joseph R. Biden, Jr. declared that a major
disaster existed in the State of Maine and ordered federal assistance to supplement state,
tribal and local recovery efforts in the areas affected by the severe storms and flooding that
occurred from January 9, 2024 to January 13, 2024, including within the State's coastal
municipalities; and
Whereas, as a result of the severe storms and flooding, individuals and business
owners in the State suffered substantial damage to facilities and infrastructure such as
docks, piers, wharves, fish houses and other structures traditionally used in support of
commercial fishery operations and other functionally water-dependent uses; and
Whereas, under state and certain local laws, to lawfully reconstruct or replace such
damaged facilities and infrastructure, a municipal board of appeals must grant a variance
from certain local ordinance provisions by finding, among other things, that the land in
question cannot yield a reasonable return unless the variance is granted; and
Whereas, because Maine courts have repeatedly held that mere access to coastal
waters and the recreational benefits afforded by that access provide property owners with
a reasonable return on their land, individuals and business owners would be unlikely to
demonstrate a lack of a reasonable return on their land and would therefore be unable to
benefit from the federal assistance to reconstruct or replace damaged facilities and
infrastructure made available by the disaster declaration; and
Whereas, absent an extension, the deadline to complete permanent work under the
emergency declaration is approaching in September 2025; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
APPROVED
JUNE 12, 2025
BY GOVERNOR
CHAPTER
286
PUBLIC LAW
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Be it enacted by the People of the State of Maine as follows:
Sec. 1. Variance petition; exemption from reasonable return variance
standard. The Maine Revised Statutes, Title 30-A, section 4353, subsection 4, paragraph
A does not apply to a petition for a variance from one or more provisions of a municipal
shoreland zoning ordinance or a municipal floodplain management ordinance that is filed
with the municipality's board of appeals established pursuant to Title 30-A, section 4353
if:
A. The petitioner demonstrates to the board of appeals that the petitioner suffered
substantial damage to a dock, pier or wharf, or a structure placed thereon, as a result of the
severe storms or flooding that occurred from January 9, 2024 to January 13, 2024;
B. The damaged dock, pier or wharf, or structure placed thereon, identified pursuant to
paragraph A is proposed to be reconstructed or replaced in kind and is a functionally water-
dependent structure or has a functionally water-dependent use; and
C. The petition is determined complete for processing by the board of appeals no later
than December 31, 2027.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.