The installation of so-called “floating camps” or “non-water-dependent floating structures (NWFS)”—cabin-like structures built on floats—has been increasing on Maine’s public waters in recent years as more people take advantage of regulatory loopholes. In some cases, the floating camps block the views of land-based homeowners, pose a pollution risk, impede fishing and hunting areas, and create congestion at public boat ramps. Further, they are exempt from property taxes and mooring and registration fees.
The NWFS aren’t technically houseboats or boats per state definition, and are either anchored to the bottom or secured to some object on shore. As such, they are not governed by land-based environmental and zoning regulations or property boundaries. Houseboats are legally allowed on Maine’s public waters and must adhere to a set of regulations, but NWFS do not fall under the state’s definition of a houseboat in that many do not have motors.
As complaints and controversy grow over NWFS, a group of concerned state agencies submitted a report to the Legislative Committee on Agriculture, Conservation and Forestry in the spring 2023 session of the 131st Legislature. The report states: “These [NWFS] structures infringe upon or usurp the Public Trust Rights of fishing, fowling, and navigation, cause increased congestion on the water and at public water access points, potentially impact waterfront property values, create navigational issues, and are a potential source of pollution. …
The amount of time this topic has taken in attempts to address complaints and informational requests at the municipal level, within all the state agencies involved in this Working Group and the Attorney General’s Office, is significant. For example, the Shoreland Zoning Program within the Department of Environmental Protection (DEP) has only three positions when fully staffed to manage the program statewide, and the Maine Warden Service, which enforces watercraft law in Maine, is taxed with many of these complaints. Complaints about NWFS are not adequately addressed because state agencies are short-staffed, and there is no clear way to handle the situation.”
Possible legislative solutions were also offered in the report. “The preferred approach by the Working Group is to create a NWFS prohibition, including floating homes with a primary use for habitation and not for navigation. Additionally, several sections of law, rules, and policies within multiple agencies’ jurisdictions would need to be modified to avoid loopholes. This proposal will allow for “true houseboats,” not to be confused with floating homes or camps. Legal use of a houseboat would need to meet prescriptive requirements for structure, size, ability to navigate, pollution control, and more. This change in requirements will subsequently change what will and will not be registered as a motorboat.“
