Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 138S.P. 74 In Senate, January 8, 2025
An Act to Exempt Airports from Certain State Endangered and
Threatened Species Habitat Protections
Reference to the Committee on Environment and Natural Resources suggested and ordered
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Senator: TIMBERLAKE of Androscoggin, Representatives: FREDERICKS
of Sanford, MASTRACCIO of Sanford, ROBERTS of South Berwick. Page 1 - 132LR0370(01)
1
2 is enacted to read:
3
4 pursuant to this subchapter to the contrary, for species designated as endangered or
5 threatened under this subchapter, the commissioner may not identify for special
6 management considerations pursuant to subsection 2 any area located on the property of an
7 airport or develop protection guidelines pursuant to subsection 3 for that area. As used in
8 this subsection, "airport" means an airport described in Title 6, section 101.
9 as enacted by PL 2003, c. 414, Pt. A, §2 and
10 affected by c. 614, §9, is amended to read:
11 Except as otherwise provided in this subsection, a state agency or
12 municipal government may not permit, license, fund or carry out projects that will:
13 A. Significantly alter the habitat identified under section 12804, subsection 2 of any
14 species designated as threatened or endangered under this subchapter; or
15 B. Violate protection guidelines set forth in section 12804, subsection 3.
16 The restrictions in this subsection do not apply to a project located on the property of an
17 airport. As used in this subsection, "airport" means an airport described in Title 6, section
18 101. The commissioner shall make information under section 12804 available to all other
19 state agencies and municipal governments for the purposes of review.
20 as amended by PL 2023, c. 156, §2, is
21 further amended by amending subparagraph (4) to read:
22 (4) Habitat for state endangered and state threatened species listed under Title 12,
23 section 12803, subsection 3 that is within another protected natural resource area
24 or that is located wholly or partly within the boundaries of a proposed project site
25 that requires approval from:
26 (a) The department pursuant to this article or article 6, 7 or , except for
27 activity or development at an airport or activity or development on a residential
28 lot that is not part of a proposed multi lot multilot housing development; or
29 (b) The Maine Land Use Planning Commission pursuant to this article as
30 provided in section or, for subdivisions and nonresidential uses only,
31 pursuant to Title 12, chapter 206‑A.
32 As used in this subparagraph, "airport" means an airport described in Title 6,
33 section 101.
34
35 This bill exempts the property of an airport from protections for state endangered and
36 threatened species that may require special management considerations or protection
37 guidelines and from restrictions on state and municipal approval of projects that may
38 significantly impact state endangered and threatened species habitats.
35
36
37
38