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An Act Clarifying the Department of Environmental Protection's Authority Relating to Compensation for Development Activity under the Natural Resources Protection Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-Z, 2nd ¶, as enacted by PL 1997, c. 101, §1 and affected by §2, is amended to read:
The department may require that compensation include the design, implementation and maintenance of a compensation project or, in lieu of such a project, may allow the applicant to purchase credits from a mitigation bank or to pay a compensation fee. The department may not require a form of compensation if the applicant prefers an alternative form of compensation allowed under this section and approved by the department. If compensation is required, the completion and maintenance of a project, purchase of credits or payment of a compensation fee must be a condition of the permit.
 
SUMMARY
This bill prohibits the Department of Environmental Protection from requiring one form of compensation for damages to wetlands or certain bird habitats resulting from a proposed development activity under the Natural Resources Protection Act if the applicant proposing the activity prefers an alternative form of compensation.