APPROVED CHAPTER
JUNE 20, 2025 378
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 1182 - L.D. 1763
An Act to Regulate Nonwater-dependent Floating Structures on Maine's
Waters
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10001, sub-§43-A is enacted to read:
43-A. Nonwater-dependent floating structure. "Nonwater-dependent floating
structure" has the same meaning as in Title 38, section 3301, subsection 10.
Sec. 2. 12 MRSA §10403, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
Any municipal, county or state law enforcement officer or any harbor master appointed
pursuant to section 13072 or Title 38, section 1 has the authority to enforce, in the
respective jurisdictions, the watercraft laws in chapter 935, the nonwater-dependent
floating structures laws in Title 38, chapter 37 and the rules related to those laws.
Sec. 3. 12 MRSA §13001, sub-§9-A is enacted to read:
9-A. Dock. "Dock" means a platform used for access to a water body or to secure,
protect and provide access to a boat or ship. "Dock" includes a platform that extends from
a shore over the water body or a floating platform attached to a mooring.
Sec. 4. 12 MRSA §13001, sub-§12-A is enacted to read:
12-A. Homemade watercraft. "Homemade watercraft" means a watercraft that is
built by an individual for personal use using raw materials and that is not required to have
a hull identification number assigned by a manufacturer that has been assigned a
manufacturer identification code by the Recreational Boating Product Assurance Branch
of the United States Coast Guard. "Homemade watercraft" may include, but is not limited
to, open watercraft, auxiliary sail watercraft, paddle craft, houseboats, pontoon boats,
personal watercraft, airboats and inflatable watercraft.
Sec. 5. 12 MRSA §13001, sub-§12-B is enacted to read:
12-B. Houseboat. "Houseboat" means a motorized vessel that is usually nonplaning
and designed primarily for multipurpose accommodation spaces with low freeboard and
little or no foredeck or cockpit.
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 Sec. 6. 12 MRSA §13001, sub-§15-A is enacted to read:
15-A. Mooring. "Mooring" has the same meaning as in Title 38, section 480-B,
subsection 5-A.
Sec. 7. 12 MRSA §13001, sub-§17-A is enacted to read:
17-A. Navigation. "Navigation" means, with respect to a watercraft, the operation of
the watercraft in a manner designed to avoid collisions on the water through adherence to
rules of watercraft operation established by the department pursuant to chapter 935 and to
applicable federal regulations.
Sec. 8. 12 MRSA §13001, sub-§27-B is enacted to read:
27-B. Vessel. "Vessel" means any watercraft or artificial contrivance used or capable
of being used as a means of transportation on water.
Sec. 9. 12 MRSA §13001, sub-§28, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
28. Watercraft. "Watercraft" means any type of vessel, boat, canoe or craft
houseboat, excluding a seaplane, capable of being used as a means of transportation on
water, other than a seaplane, including that satisfies all applicable laws and rules pertaining
to navigation and safety equipment on watercraft. "Watercraft" includes motors, electronic
and mechanical equipment and other machinery, whether permanently or temporarily
attached, that are customarily used in the operations of the watercraft. "Watercraft" does
not include a vessel, boat, canoe or craft houseboat located and intended to be permanently
docked in one location and not used as a means of transportation on water.
Sec. 10. 12 MRSA §13056, sub-§3-A is enacted to read:
3-A. Homemade watercraft; hull identification number. The owner of a
homemade watercraft shall obtain a hull identification number prior to applying for a
certificate of number from the commissioner. In the case of a homemade watercraft that is
a houseboat or that is a nonwater-dependent floating structure capable of being used as a
means of transportation on water, including, but not limited to, a dock, gazebo, floating
swim toy, bathtub, swimming pool or picnic table, the commissioner may issue a certificate
of number upon the request of the owner only if the owner provides a letter of inspection
and approval for the homemade watercraft from a qualified marine surveyor and
demonstrates to the commissioner's satisfaction that the homemade watercraft:
A. Meets all applicable safety requirements under 33 Code of Federal Regulations,
Part 183, including, but not limited to, requirements that the watercraft's flotation,
decking and windows be constructed from marine-grade material;
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;
C. Meets all applicable stability, weight capacity, horsepower capacity, passenger
carrying area and navigation lighting requirements under 33 Code of Federal
Regulations, Part 183; and
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 D. Is capable of navigation for the purposes of this chapter.
Sec. 11. 38 MRSA §423, sub-§4, as affected by PL 2003, c. 614, §9 and enacted
by c. 688, Pt. B, §14 and affected by §15, is amended to read:
4. Watercraft defined. For the purposes of this section, "watercraft" has the same
meaning as provided in Title 12, section 13001, subsection 28, except that "watercraft"
includes houseboats. This subsection takes effect August 31, 2004.
Sec. 12. 38 MRSA c. 37 is enacted to read:
CHAPTER 37
NONWATER-DEPENDENT FLOATING STRUCTURES
§3301. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
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 waters for more than 24 hours without intention of removal by
the owner, as determined by the primary enforcement authority.
2. Coastal waters. "Coastal waters" has the same meaning as in section 542,
subsection 3-A.
3. Dock. "Dock" has the same meaning as in Title 33, section 459, subsection 1,
paragraph A.
4. Floating home. "Floating home" means a nonwater-dependent floating structure
that is designed or has been substantially and structurally remodeled or redesigned to serve
primarily as a residence and that is not a watercraft. "Floating home" includes, but is not
limited to:
A. A floating house, floating camp or house barge; and
B. Any other floating structure used primarily as a residence that is not designed for
navigation as its primary purpose and is not capable of self-propulsion or use as a
means of transportation on water.
5. Functionally water-dependent uses. "Functionally water-dependent uses" has the
same meaning as in section 436-A, subsection 6.
6. Houseboat. "Houseboat" has the same meaning as in Title 12, section 13001,
subsection 12-B.
7. Inland waters. "Inland waters" has the same meaning as in Title 12, section 10001,
subsection 35.
8. Internal waters. "Internal waters" has the same meaning as in Title 12, section
13001, subsection 13.
9. Mooring. "Mooring" has the same meaning as in section 480-B, subsection 5-A.
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 10. Nonwater-dependent floating structure. "Nonwater-dependent floating
structure" means a waterborne structure that is supported wholly or partially by the
structure's own buoyancy and that supports a nonwater-dependent use, including a floating
home.
11. Nonwater-dependent uses. "Nonwater-dependent uses" means those uses that
can function in a location other than on the surface waters of the State and that do not
require, for their primary purpose, location on submerged lands or direct access to inland
waters or coastal waters.
12. Watercraft. "Watercraft" has the same meaning as in Title 12, section 13001,
subsection 28.
§3302. Prohibition on nonwater-dependent floating structures
Except as otherwise provided in this chapter, a person may not place or use a nonwater-
dependent floating structure in, on or over internal waters.
§3303. Exceptions
The following facilities and structures are not subject to the prohibition in section 3302:
1. Functionally water-dependent uses. Any facility or structure, the primary purpose
of which is a functionally water-dependent use;
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 waters of the State and is temporarily or permanently anchored to the
bottom of those waters;
3. Water toys. Any floating water toy, including, but not limited to, air mattresses,
pool toys, floating noodles, swim rings, water mats and inflatable platforms smaller than
250 square feet in surface area;
4. Ice fishing shacks. Any ice fishing shack described in Title 12, section 6523 or
12661;
5. Aquaculture facilities. Any aquaculture facility for which the owner or operator
has obtained a lease from the Commissioner of Marine Resources pursuant to Title 12,
section 6072, 6072-A or 6072-B;
6. Authorized nonwater-dependent floating structure. Any nonwater-dependent
floating structure that has been approved for use as authorized under section 3304;
7. Preexisting nonwater-dependent floating structures with preexisting leases.
Any nonwater-dependent floating structure that existed prior to January 1, 2025 that is sited
pursuant to a lease issued by the submerged lands leasing program, established pursuant to
Title 12, section 1862, subsection 2, prior to January 1, 2025; and
8. Other facilities and structures. Any other facility or structure exempted from the
prohibition under section 3302 by rule adopted pursuant to section 3307.
§3304. Provisions for continued use of authorized nonwater-dependent floating
structures
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
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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 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.
2. Application requirements. To be eligible for consideration for a lease to authorize
continued use under this section, an individual or entity must:
A. Submit by January 1, 2026 an application on forms provided by the bureau;
B. Provide proof of right, title or interest to the shorefront to which the nonwater-
dependent floating structure will be attached or, if the structure is not attached to the
shore, proof of right, title or interest to the adjacent upland shorefront and an approved
mooring from the United States Army Corps of Engineers or the municipality in which
the structure is located;
C. Provide the names of abutting property owners;
D. Provide the location, intended use, square footage and photo documentation of the
existing nonwater-dependent floating structure; and
E. Submit an application fee of $500.
3. Bureau procedures. The bureau may take the following actions with respect to an
application under this section.
A. The bureau may request additional information from the applicant, government
agencies or other parties when necessary to complete its review of an application and
make a decision.
B. The bureau shall notify interested parties of receipt of a completed application. As
determined by the bureau on a case-by-case basis, interested parties may include, but
are not limited to, abutting landowners, landowners with overlapping littoral zones,
local municipal officials, harbor masters or others engaged in commercial marine
activities or who have notified the bureau of their interest in a particular project.
Interested parties must be given 30 days to provide the bureau with comments on a
completed application.
C. If the bureau determines that a letter of no objection is required from one or more
littoral abutters, the bureau shall send notice to the abutters and the applicant.
D. The bureau or its designee may conduct inspections of the proposed project site in
order to assess on-site conditions, the characteristics and uses of adjacent lands, waters
and structures and potential impacts on existing trusts.
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 E. After the initial 30-day review period under paragraph B, if the bureau determines
that it is appropriate, additional information may be requested from the applicant or
other parties or a public informational meeting may be scheduled in order to allow the
general public to provide additional information for consideration.
F. Once all requested information is received and any public meetings under paragraph
E have been concluded, the bureau shall issue preliminary findings. Preliminary
findings must be sent to the applicant and all parties who provided comments during
the initial review period and other interested parties.
G. Within 30 days of the issuance of preliminary findings under paragraph F, any party
may petition the bureau director to reconsider such findings by written request. The
bureau director may waive the reconsideration period if no comments are received
during the initial review period or if the comments that are received are determined to
not be related to public trust rights.
H. The bureau shall review any petitions for reconsideration under paragraph G and
related information and issue its final findings and decision. If the decision is to
approve the application, 2 original copies of the lease must be sent to the applicant for
signature.
4. Bureau determination. In making its determination with respect to an application
under this section, the bureau shall consider the following:
A. Whether the applicant has demonstrated that the applicant has sufficient right, title
or interest to the upland property, including intertidal land, adjacent to the littoral zone
in which the nonwater-dependent floating structure lease is sought. To demonstrate
right, title or interest, an applicant must provide:
(1) When the applicant owns the property, a copy of the deed to the property;
(2) When the applicant has a lease on the property, a copy of the lease. The lease
must be of sufficient duration and terms, as determined by the bureau, to permit
reasonable use of the facility; and
(3) When the applicant has an option to buy or lease the property, a copy of the
option agreement. The option agreement must contain terms considered sufficient
by the bureau to establish future title or a leasehold of sufficient duration;
B. Whether littoral zones and setback standards delineate the lease area adjacent to the
applicant's upland property and establish adequate separation between structures for
navigation and access both for the public and riparian owners. Littoral zones do not
delineate areas for the exclusive use of the applicant or other riparian owners. Littoral
zone boundaries are established by right angle projections from a baseline established
along the shoreline at the intersection of the high-water line and the side boundary of
each property. The littoral zone sidelines terminate at either the established
navigational channel, established anchorage identified as such by the United States
Army Corps of Engineers, the midline between opposing shorelines or 1,000 feet,
whichever is less. Setback standards are established from other existing structures and
an applicant's littoral zone boundary. When littoral zones overlap, structures must be
set back 25 feet from an applicant's littoral zone sidelines and must be 50 feet from
other existing structures;
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 C. Whether the proposed use of the lease area would unreasonably interfere with
customary or traditional public access ways;
D. Whether the proposed use of the lease area would unreasonably interfere with the
public trust rights of fishing, fowling and navigation;
E. Whether there are other commercial marine services or facilities in the proposed
lease area;
F. Whether the nonwater-dependent floating structur