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Committee reverts shoreland‑zoning language after FEMA/MOCA warning, advances LD2143
Summary
After testimony from the state resilience office and FEMA‑related staff that a recently adopted definition could jeopardize Maine’s participation in the National Flood Insurance Program, the committee voted unanimously to restore the bill’s original shoreland‑zoning language and advanced LD2143 as printed.
The committee reopened work on LD2143 after state agency representatives raised concerns that a recent amendment broadened the definition of water‑dependent uses and could jeopardize Maine’s participation in the National Flood Insurance Program (NFIP).
Joan Walton, director of the municipal planning assistance program at MOCA, and Sue Baker, MOCA’s floodplain management coordinator, told the committee the amendment replaced the FEMA‑aligned phrase with a less restrictive definition. "In FEMA's eyes, that definition is less restrictive than the definition that comes from the FEMA federal regulations at 44 CFR 59.1," Baker said, warning that the change could put the state's NFIP participation at risk.
Committee members, including the bill sponsor’s representatives and the committee analyst, examined the bill analysis showing both the originally printed language and the amended language. Members noted federal law allows states to be more — but not less — restrictive than federal standards for shoreland protections; by enlarging the list of uses categorized as water‑dependent, the amendment risked making Maine law less restrictive in practice.
Chair Tracy Geer then moved that the committee return LD2143 to the language 'as printed' (the version aligned with the FEMA definition) and report the bill as "ought to pass." The clerk called a roll and each named member recorded a 'yes' vote; the motion passed unanimously of those present.
Next steps: LD2143 will be reported to the chamber with the committee's recommendation; members directed staff to preserve the FEMA‑aligned definition to avoid exposure for the NFIP.
