Committee moves to turn IFW report on floating structures into bill after implementation review

The Inland Fisheries and Wildlife Committee on Monday voted unanimously to report bill language based on a departmental reportback that summarizes implementation of Public Law 2025, chapter 378, the law that regulates non-water-dependent floating structures in Maine.

Crystal Theriault, assistant to the commissioner at the Department of Inland Fisheries and Wildlife (IFW), told the committee the law—which took effect last September—establishes a prohibition on placing non-water-dependent floating structures on state waters, defines exemptions (for various water-dependent uses and preexisting structures), and created a lease program managed by the Submerged Lands program. "This law required our agency to submit a report to this committee with updated information on these structures and the implementation of the act," Theriault said.

Theriault described the department's implementation steps: staff training in July for IFW, the Department of Marine Resources and submerged-lands staff; targeted outreach to licensing agents and harbor associations; and a licensing review of motorboat registrations going back to 2018. Licensing identified more than 200 records for review and sent over 200 certified letters; about 55 recipients contacted staff with questions. "From this outreach, responses were received from approximately 55 customers, and only 7 of them ultimately were confirmed as non water dependent floating structures," Theriault said.

On inventories and applications, IFW reported it is aware of 23 structures statewide—12 with inland-water locations (one removed in 2024) and 11 on coastal waters. The Submerged Lands program has accepted eight lease applications from six distinct applicants; as of the report none of those eight applications had been fully processed.

Theriault summarized the Submerged Lands process: an initial application fee of $500, required photos and use descriptions, notification to abutters and the town, a 30-day public comment period, a 30-day reconsideration window, and a 10-year lease term subject to renewal. She noted some fee and renewal particulars may need confirmation in drafting.

Two technical edits proposed in the report aim to clarify jurisdictional language: replacing the term "internal waters" with "waters of the state" and replacing "coastal waters" with "territorial waters" so the statute aligns with existing Title 12 definitions. IFW also relayed a U.S. Coast Guard concern that a provision requiring "visibility from the helm" could conflict with federal navigation standards; the Coast Guard recommended referencing American Boat and Yacht Council visibility standards instead of creating a conflicting requirement.

Committee members pressed staff on locations and applicability to manufactured motorboats. John Noll, director of the Submerged Lands program, confirmed that several of the structures listed in the report have submitted lease applications and that manufactured watercraft with hull identification numbers are often registered and treated as motorboats rather than as non-water-dependent floating structures.

Representative Steve Wood moved to report the IFW-recommended language as a bill "as amended," and Representative Rick Mason seconded. The motion passed on a unanimous roll-call vote.

Next steps: the committee will carry the department's technical edits forward as reported language for a public hearing and further work sessions as needed. The department told members staff will provide the committee with any clarified fee language and related drafting details before the bill is scheduled for public proceedings.