Committee recommends SB 27 'ought to pass' after debate over enforcement and public-trust concerns

The Resources, Recreation and Development Committee took up SB 27, legislation concerning dwellings and other structures built over public waters. Representative Donnelly moved that the committee recommend the bill ought to pass. Committee discussion focused on public-trust considerations, shoreland/wetlands regulatory distinctions, and whether the Department of Environmental Services (DES) has the resources and regulatory authority to oversee expanded approvals for structures over water.

Darlene Force of DES explained that the agency had concerns about allowing expansion of structures over public waters because towns cannot apply local zoning over public trust waters and DES currently lacks a regulatory framework and enforcement structure to police structural expansions over water. Force said the department preferred that such expansions not be authorized in this manner because it would require DES to define and police new codes and enforcement processes.

Committee members asked whether similar cases exist; DES staff said there are two other pending cases in which compliance and settlement processes are underway but no large caseload. Members who opposed passage argued the bill could set a precedent allowing private interests to expand into public waters and that it would effectively shift enforcement authority to DES without necessary resources. Supporters said the bill does not permit new piers or columns and that some existing nonconforming seasonal camps that have become year-round homes could be addressed under the proposal.

After discussion the committee voted on the motion that SB 27 'ought to pass.' The roll call recorded a close result in favor of passage.