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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1882
H.P. 1253 House of Representatives, May 5, 2025
Resolve, Directing the Department of Environmental Protection to
Conduct Rulemaking Regarding Significant Vernal Pools
Received by the Clerk of the House on May 1, 2025. Referred to the Committee on
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CLUCHEY of Bowdoinham.
Cosponsored by Senator TEPLER of Sagadahoc and
Representatives: ANKELES of Brunswick, BELL of Yarmouth, CAMPBELL of Orrington,
DOUDERA of Camden, GERE of Kennebunkport, GOLEK of Harpswell, GRAMLICH of Old
Orchard Beach, Senator: CARNEY of Cumberland.
Page 1 - 132LR2022(01)
1Sec. 1. Department of Environmental Protection to amend rules. Resolved:
2 That the Department of Environmental Protection shall amend its rules under the Maine
3 Revised Statutes, Title 38, section 480-BB to enhance protections for significant vernal
4 pools. The rulemaking must include, but is not limited to, the following:
5 1. Updating definitions to include "significant vernal pool buffer" as the portion of the
6 critical terrestrial habitat within 100 feet of the spring or fall high-water mark of the vernal
7 pool depression;
8 2. Updating the habitat management standards for significant vernal pool habitat to
9 include no disturbance within the significant vernal pool buffer;
10 3. Updating the habitat management standards for significant vernal pool habitat so
11 that critical terrestrial habitat bisected by property boundaries is afforded the same
12 protections as properties where vernal pool depressions are present; and
13 4. Adjusting dates related to drying under significant vernal pool habitat identification
14 criteria to July 15th for vernal pools located in northern Maine and July 1st for vernal pools
15 located in southern Maine.
16 Rules adopted pursuant to this section are routine technical rules pursuant to the Maine
17 Revised Statutes, Title 5, chapter 375, subchapter 2-A.
18SUMMARY
19 This resolve directs the Department of Environmental Protection to amend its rules
20 under the Natural Resources Protection Act regarding enhanced protection for significant
21 vernal pools. This rulemaking must include:
22 1. Updating definitions to include "significant vernal pool buffer" as the portion of the
23 critical terrestrial habitat within 100 feet of the spring or fall high-water mark of the vernal
24 pool depression;
25 2. Updating the habitat management standards for significant vernal pool habitat to
26 include no disturbance within the significant vernal pool buffer;
27 3. Updating the habitat management standards for significant vernal pool habitat so
28 that critical terrestrial habitat bisected by property boundaries is afforded the same
29 protections as properties where vernal pool depressions are present; and
30 4. Adjusting dates related to drying under significant vernal pool habitat identification
31 criteria to July 15th for vernal pools located in northern Maine and July 1st for vernal pools
32 located in southern Maine.
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