APPROVED CHAPTER
FEBRUARY 20, 2024 505
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 862 - L.D. 2034
An Act to Address Identified Gaps in the Laws Governing Erosion Control
and the Natural Resources Protection Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §420-C, 2nd ¶, as enacted by PL 1997, c. 748, §1, is amended
to read:
A person who owns property in an organized area of this State that is subject to erosion
because of a human activity before July 1, 1997 involving filling, displacing or exposing
soil or other earthen materials shall take measures in accordance with the dates established
under this paragraph to prevent unreasonable erosion of soil or sediment into a protected
natural resource as defined in section 480‑B, subsection 8. Adequate and timely temporary
and permanent stabilization measures must be taken and maintained on that site to prevent
unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005
to property that is located in the watershed of a body of water most at risk as identified in
the department's storm water rules adopted pursuant to section 420‑D and that is subject to
erosion of soil or sediment into a protected natural resource as defined in section 480‑B,
subsection 8. This paragraph applies on and after July 1, 2010 to other property that is
subject to erosion of soil or sediment into a protected natural resource as defined in section
480‑B, subsection 8.
Sec. 2. 38 MRSA §420-C, 3rd ¶, as enacted by PL 1995, c. 704, Pt. B, §2 and
affected by Pt. C, §2 and amended by PL 2011, c. 682, §38, is further amended to read:
This section applies to a project or any portion of a project located within an organized
area of this the State. This section does not apply to agricultural fields. Forest management
activities, including associated road construction or maintenance, conducted in accordance
with applicable standards of the Maine Land Use Planning Commission Department of
Agriculture, Conservation and Forestry, Bureau of Forestry, are deemed to comply with
this section. This section may not be construed to limit a municipality's authority under
home rule to adopt ordinances containing stricter standards than those contained in this
section.
Sec. 3. 38 MRSA §480-R, sub-§2, as amended by PL 2003, c. 414, Pt. B, §71 and
affected by c. 614, §9, is further amended to read:
Page 1 - 131LR2660(03)
 2. Enforcement. In addition to department staff, inland fisheries and wildlife game
wardens, Department of Marine Resources marine patrol officers and, all other law
enforcement officers enumerated in Title 12, section 10401 and, pursuant to their delegated
authority, the Maine Land Use Planning Commission and the Department of Agriculture,
Conservation and Forestry, Bureau of Forestry shall enforce the terms of this article.
Page 2 - 131LR2660(03)


Statutes affected:
Bill Text LD 2034, SP 862: 38.420, 38.480
Bill Text ACTPUB , Chapter 505: 38.420, 38.480