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ME LD531

ME LD531
An Act to Establish the Toddy Pond Watershed Management District

summary

Introduced
02/11/2025
In Committee
02/11/2025
Crossed Over
06/12/2025
Passed
06/13/2025
Dead
Signed/Enacted/Adopted
06/18/2025

Introduced Session

132nd Legislature

Bill Summary

An Act to Establish the Toddy Pond Watershed Management District Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, the current owner of the dam on Toddy Pond has petitioned the Department of Environmental Protection for release from ownership of that dam and all property rights necessary to maintain and operate that dam under the Maine Revised Statutes, Title 38, chapter 5, subchapter 1, article 6; and Whereas, pursuant to Title 38, chapter 5, subchapter 1, article 6, a dam owner petitioning for release from ownership is required to consult with the persons listed in Title 38, section 902, subsection 3 to determine if any of those persons wish to assume ownership of the dam; and Whereas, the municipalities in which a dam is located are included in the mandatory consultation procedure under Title 38, section 902, and the consultation period for a municipality is significantly time-limited to 180 days after the date a petition for release from dam ownership is filed by the dam owner, with the opportunity for one extension of 180 days following that initial period; and Whereas, the watershed management district established in this legislation is designed to assume ownership of the dam on Toddy Pond and to subsequently maintain and operate that dam, including coordinating water level management, on Toddy Pond; and Whereas, the watershed management district must therefore be established prior to the expiration of the statutory period in Title 38, section 902 to effectuate and implement the municipal consultation procedure; and Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

AI Summary

This bill establishes the Toddy Pond Watershed Management District, a quasi-municipal corporation covering the towns of Blue Hill, Orland, Penobscot, and Surry, with the primary purpose of acquiring and managing the dam on Toddy Pond. The district will be governed by a nine-member board of trustees, consisting of municipal appointees and elected waterfront property owners, with staggered terms and specific voting requirements. The district will have the power to develop operational rules, levy assessments on waterfront property owners, and seek funding through municipal contributions and grants. Its key responsibilities include dam ownership and maintenance, water level management, budget preparation, and proactive watershed improvements. The district's annual budget will be developed through a public process and require approval by both the board and participating towns' voters, with funding split equally between municipal contributions (apportioned among the towns) and waterfront property owner assessments. Towns can withdraw from the district, and the entire district can be dissolved if necessary. The bill requires a referendum in each participating town to approve the district's establishment, with the first votes to be held after June 1, 2025, and within two years of the act's effective date. If a town does not approve participation, its municipal contribution will be assessed on local waterfront property owners.

Committee Categories

Agriculture and Natural Resources

Sponsors (5)

Last Action

Governor's Action: Emergency Signed, Jun 18, 2025 (on 06/18/2025)

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