An Act Regarding the Regulation of Significant Vernal Pools Under the Natural Resources Protection Act

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 326 - L.D. 497
An Act Regarding the Regulation of Significant Vernal Pools Under the
Natural Resources Protection Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-BB, sub-§1-A is enacted to read:
1-A. Significant vernal pool habitat; definitions. With respect to significant vernal
pool habitat, define:
A. "Critical terrestrial habitat" to mean uplands and wetlands associated with
significant vernal pools used by pool-breeding amphibians for migration, feeding and
hibernation, in particular, forested wetlands and forested uplands that provide deep
organic litter, coarse woody debris and canopy shade;
B. "Significant vernal pool habitat" to mean a significant vernal pool and that portion
of the critical terrestrial habitat within 250 feet of the spring or fall high-water mark of
the vernal pool depression; and
C. "Significant vernal pool protection zone" to mean that portion of the critical
terrestrial habitat within 100 feet of the spring or fall high-water mark of a significant
vernal pool depression. With respect to habitat management standards for significant
vernal pool habitat, the rule must require no disturbance within the significant vernal
pool depression and the significant vernal pool protection zone to the greatest extent
practicable;
Sec. 2. 38 MRSA §480-BB, sub-§2, as amended by PL 2013, c. 231, §§4 and 5, is
further amended to read:
2. Certain landowners not subject to regulation. Provide the following exemptions
to regulation.
A. A landowner proposing to cause an impact on the buffer area defined for a
significant vernal pool habitat is not subject to regulation pursuant to the rule if the
significant vernal pool habitat depression is not on property owned or controlled by
that landowner.
APPROVED
JUNE 17, 2025
BY GOVERNOR
CHAPTER
338
PUBLIC LAW
Page 2 - 132LR1932(03)
B. If a vernal pool depression is bisected by a property boundary and a landowner
proposing to cause an impact does not have permission to enter the abutting property,
only that portion of the vernal pool depression located on property owned or controlled
by that landowner may be considered in determining whether the vernal pool is
significant. A written department determination that a vernal pool is not significant
pursuant to this paragraph remains valid regardless of timeframe.
Where the critical terrestrial habitat for a significant vernal pool is bisected by one or
more property boundaries, the critical terrestrial habitat located on a property that does
not contain the vernal pool depression must be afforded the same habitat protections
under the rule as the critical terrestrial habitat located on the property that contains the
vernal pool depression.
C. Rules adopted under this section may not require an applicant for a license for a
working waterfront activity on working waterfront land that is part of a state or federal
brownfields program or a voluntary response action program under section 343‑E to
compensate for lost habitat function with a function of equal or greater value or to
provide a compensation fee pursuant to section 480‑Z;
Sec. 3. 38 MRSA §480-BB, sub-§4-A is enacted to read:
4-A. Identification of significant vernal pools; drying. Provide that, when a vernal
pool habitat has not previously been determined to be significant and the department or the
Department of Inland Fisheries and Wildlife makes a determination concerning whether
the vernal pool habitat is significant, either department may determine that the vernal pool
habitat is not significant if:
A. The vernal pool is located in northern Maine and dries out after filling and before
July 15th; or
B. The vernal pool is located in southern Maine and dries out after filling and before
July 1st;