Bill > LD1864

Introduced Session

An Act to Facilitate the Reconstruction of Storm-damaged Commercial Fisheries Facilities and Infrastructure Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, on March 20, 2024, President Joseph R. Biden, Jr. declared that a major disaster existed in the State of Maine and ordered federal assistance to supplement state, tribal and local recovery efforts in the areas affected by the severe storms and flooding that occurred from January 9, 2024 to January 13, 2024, including within the State's coastal municipalities; and Whereas, as a result of the severe storms and flooding, individuals and business owners in the State suffered substantial damage to facilities and infrastructure such as docks, piers, wharves, fish houses and other structures traditionally used in support of commercial fishery operations and other functionally water-dependent uses; and Whereas, under state and certain local laws, to lawfully reconstruct or replace such damaged facilities and infrastructure, a municipal board of appeals must grant a variance from certain local ordinance provisions by finding, among other things, that the land in question cannot yield a reasonable return unless the variance is granted; and Whereas, because Maine courts have repeatedly held that mere access to coastal waters and the recreational benefits afforded by that access provide property owners with a reasonable return on their land, individuals and business owners would be unlikely to demonstrate a lack of a reasonable return on their land and would therefore be unable to benefit from the federal assistance to reconstruct or replace damaged facilities and infrastructure made available by the disaster declaration; and Whereas, absent an extension, the deadline to complete permanent work under the emergency declaration is approaching in September 2025; 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,

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Mattie Daughtry (D)*,  Cheryl Golek (D), 

Governor's Action: Emergency Signed, Jun 12, 2025 (on 06/12/2025)

Official Document