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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1494 - L.D. 2215
An Act Relating to Nonwater-dependent Floating Structures
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §13056, sub-§3-A, ¶B, as enacted by PL 2025, c. 378, §10, is
amended to read:
B. Meets all applicable operating visibility requirements under 46 Code of Federal
Regulations, Section 144.905. The watercraft must include a position from which its
operator is afforded unobstructed forward visibility to each side of the centerline for at
least 70 degrees from the operator's position and is afforded unobstructed lateral
visibility to each side of the centerline at least 90 degrees from the operator's position
standards related to the field of vision from the helm position as recommended by the
American Boat and Yacht Council or its successor organization;
Sec. 2. 38 MRSA §3301, sub-§1, as enacted by PL 2025, c. 378, §12, is amended
to read:
1. Abandoned nonwater-dependent floating structure. "Abandoned nonwater-
dependent floating structure" means a nonwater-dependent floating structure that has been
left in, on or over internal the waters of this State for more than 24 hours without intention
of removal by the owner, as determined by the primary enforcement authority.
Sec. 3. 38 MRSA §3301, sub-§2, as enacted by PL 2025, c. 378, §12, is repealed.
Sec. 4. 38 MRSA §3301, sub-§8, as enacted by PL 2025, c. 378, §12, is repealed.
Sec. 5. 38 MRSA §3301, sub-§11, as enacted by PL 2025, c. 378, §12, is amended
to read:
11. Nonwater-dependent uses. "Nonwater-dependent uses" means those uses that
can function in a location other than on the surface waters of the this State and that do not
require, for their primary purpose, location on submerged lands or direct access to inland
waters or coastal territorial waters.
Sec. 6. 38 MRSA §3301, sub-§11-A is enacted to read:
11-A. Territorial waters. "Territorial waters" has the same meaning as in Title 12,
section 6001, subsection 48-B.
APPROVED
MARCH 19, 2026
BY GOVERNOR
CHAPTER
566
PUBLIC LAW
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Sec. 7. 38 MRSA §3301, sub-§13 is enacted to read:
13. Waters of this State. "Waters of this State" has the same meaning as in Title 12,
section 13001, subsection 30.
Sec. 8. 38 MRSA §3302, first ¶, as enacted by PL 2025, c. 378, §12, is amended
to read:
Except as otherwise provided in this chapter, a person may not place or use a nonwater-
dependent floating structure in, on or over internal the waters of this State.
Sec. 9. 38 MRSA §3303, sub-§2, as enacted by PL 2025, c. 378, §12, is amended
to read:
2. Swimming structures. Any dock, wharf or swimming and diving float that is used
as a floating structure for swimming or diving or for the temporary tie-off of watercraft, is
placed on internal the waters of the this State and is temporarily or permanently anchored
to the bottom of those waters;
Sec. 10. 38 MRSA §3304, sub-§1, as enacted by PL 2025, c. 378, §12, is amended
to read:
1. Eligibility. Notwithstanding any provision of law to the contrary, the owner of a
nonwater-dependent floating structure that was in existence as of January 1, 2025 may
make application to the Department of Agriculture, Conservation and Forestry, Bureau of
Parks and Lands, referred to in this section as "the bureau," through the submerged lands
leasing program established pursuant to Title 12, section 1862 for a nonwater-dependent
floating structure lease on the internal waters of the this State that authorizes the owner to
continue to operate the nonwater-dependent floating structure in accordance with the
requirements of this section when the following applies:
A. The applicant holds right, title or interest to the shorefront to which the nonwater-
dependent floating structure is attached; or
B. If the nonwater-dependent floating structure is not attached to the shore, the
applicant has right, title or interest to the adjacent upland shorefront and holds an
approved mooring from the United States Army Corps of Engineers or the municipality
in which the structure is located.
Sec. 11. 38 MRSA §3304, sub-§6, ¶B, as enacted by PL 2025, c. 378, §12, is
amended to read:
B. If the structure is located on coastal territorial waters, it must comply with 33 United
States Code, Section 1322.
Sec. 12. 38 MRSA §3304, sub-§7, ¶B, as enacted by PL 2025, c. 378, §12, is
amended to read:
B. Once sited in accordance with a lease issued under this section, a nonwater-
dependent floating structure may not be sited in any other location on the internal
waters of the this State.
Sec. 13. 38 MRSA §3305, sub-§3, as enacted by PL 2025, c. 378, §12, is amended
to read:
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3. Removal of structures. A person who violates section 3302 shall remove the
violating nonwater-dependent floating structure from the internal waters of this State that
the structure was placed or used in, on or over and is responsible for all costs associated
with the removal and the costs of any damage to persons or property caused by the
structure's placement or use.