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Amend the bill by striking out the title and substituting the following:
‘An Act Regarding the Construction or Placement of Decks and the Temporary Storage of Certain Docks within the Shoreland Zone’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1.  38 MRSA §439-A, sub-§10  is enacted to read:
 
10.  Exemption from setback requirements for certain decks.     Notwithstanding any provision of law to the contrary, a deck may be constructed or placed within the setbacks established pursuant to subsection 4 in accordance with the requirements of this subsection.
 
A.  Except as provided in paragraph B, a deck may be constructed or placed on a tract or parcel of land within the setbacks established pursuant to subsection 4 if the following requirements are met:
 
(1) The deck is for residential use;
 
(2) The deck does not exceed 144 square feet in area;
 
(3) The deck is not constructed or placed on any area of land with a grade exceeding 3%;
 
(4) The deck is constructed or placed on permeable material, including, but not limited to, riprap, gravel and mulch; and
 
(5) No portion of the deck, including any deck supports, extends over or into the water body or wetland.
 
B.  A deck may not be constructed or placed on a tract or parcel of land within the setbacks established pursuant to subsection 4 if the same tract or parcel includes a dock that is constructed or placed in or over a water body or wetland on the tract or parcel or immediately adjacent to the tract or parcel, regardless of whether the dock is for temporary or permanent use.
Sec. 2. 38 MRSA §444, as amended by PL 2001, c. 40, §2, is further amended by adding at the end a new paragraph to read:
Notwithstanding any provision of law to the contrary or any provision of a local ordinance to the contrary, a person who has constructed or placed a dock in or over a water body or wetland that remains in or over the water body or wetland for less than 7 months in any period of 12 consecutive months and is stored on the person's property within the setbacks established pursuant to section 439-A, subsection 4 for the remainder of the period is not subject to penalties under Title 30-A, section 4452, subsection 3 relating to the temporary storage.’
 
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill and changes the title and allows the construction or placement of a deck within the setbacks established pursuant to the laws governing shoreland zoning as long as certain requirements are met. The amendment also clarifies that the temporary storage of a seasonally used dock within the shoreland zoning setback area is not subject to civil penalties associated with the enforcement of local land use laws or ordinances.
FISCAL NOTE REQUIRED
(See attached)