Committee backs amended bill to help storm‑damaged commercial fisheries rebuild, flags federal definition issue
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Summary
The Housing and Economic Development Committee voted 'ought to pass as amended' on LD 21 43 to ease municipal variance rules for rebuilding storm‑damaged commercial fisheries infrastructure, while directing staff to replace a federal definitional cross‑reference to avoid narrowing protections and risking NFIP standing.
The House and Senate members of the Legislature’s Housing and Economic Development Committee voted to report LD 21 43 "ought to pass as amended," advancing changes to municipal variance standards intended to let owners repair or replace storm‑damaged docks, piers and wharves used for commercial fisheries.
Analyst Patton told the committee that LD 21 43 would allow petitioners seeking variances to make repairs without meeting the current "reasonable return" test when a dock or wharf sustained substantial damage, provided the rebuilt structure is for a functionally dependent use. Patton warned, however, that the bill as drafted references the federal definition of "functionally dependent use" in 44 C.F.R. §59.1, which is narrowly written to include only docking and loading facilities and shipbuilding/repair and excludes long‑term storage or related manufacturing.
"Failure of municipal plain management ordinances to be at least as restrictive as the federal definition may jeopardize any community standing in the National Flood Insurance Program," Patton said, citing testimony from stakeholders and FEMA’s guidance; the committee discussed whether substituting the state term "functionally water dependent" (language used in LD 18 64) would better reflect local needs while avoiding federal conflicts.
Representative Golic moved the amendment adopting the alternate state‑level phrasing discussed during the briefing; Senator Bennett seconded the motion. The clerk called the voice vote, and the chair announced the measure carried "unanimous of those present." The committee closed the LD 21 43 work session and will move the amended language forward for drafting and reporting.
Why it matters: The change removes the time‑limited emergency window that had applied to storm damage relief and makes variance relief potentially available on an ongoing basis for qualifying, water‑dependent commercial fisheries infrastructure. Committee members signaled the primary concern is balancing property owner relief with preserving municipalities’ compliance with federal floodplain rules.
The committee did not provide preliminary fiscal figures during the work session; the analyst indicated fiscal impacts were still under review. The measure will be drafted to incorporate the committee's amendment and return in future processing.
