131st Maine Legislature
Legislation of Interest to Woodland Owners
The first session of the 131st Legislature adjourned on July 26, 2023. There were 2,019 bills printed for the legislature's consideration during this first session. At the end of the session the legislature deferred action on 483 of the bills, carrying them over for additional consideration during the second session which will commenced in January 2024. Below is a list of bills Maine Woodland Owners is involved in the second session.
Bills and Testimony
LD 2264 “An Act to Further Clarify the Meaning of ‘Private Road’ and ‘Public Easement’ in Certain Provisions of Maine Law.”
This is an Abandoned and Discontinued Roads Commission (ADRC) bill that was created from the recommendations from the Commission. The bill included changes to the road association statute (23 M.R.S. §§ 3101-3106) to add a definition of “private road” and replace use of the word “private way” with “public easement.” The most significant impact of this proposed change would be to explicitly allow landowners who abut a public easement that the municipality does not repair or maintain to form a road association under the statutory road association structure. The bill also proposed to clarify existing law in 23 M.R.S. § 3105-A that a municipality’s legislative body may authorize that municipality to plow, maintain and repair a public easement.
Maine Woodland Owners urged the Committee to keep only the portion of the bill that clarified existing municipal authority in section 3105-A and suggested that the Committee reinforce to the ADRC several priorities to focus its work, including: (1) the scope of public use allowed on public easements, (2) property owner liability resulting from public use of an abandoned or discontinued road, (3) options to create a road inventory of abandoned and discontinued roads in the state, and (4) options to create a right of way template that landowners can use when a municipality considers discontinuing a road.
The Committee amended the bill consistent with Maine Woodland Owners’s suggestions. The Committee also included in the amendment a provision to allow the ADRC to meet twelve times per year. The Committee voted Ought to Pass as Amended on the bill and it was passed to be enacted by both the House and Senate. It awaits the governor’s signature.
LD 1685, “An Act to Increase Acreage Eligibility and Change Requirements for Filing Plans Under the Maine Tree Growth Tax Law.”
This bill amends the Maine Tree Growth Tax Law by increasing acreage eligibility requirement from 10 to 25 acres and removing all parcels less than 25 acres. It also authorizes municipal assessors and the State Tax Assessor to retain copies of required forest management and harvest plans. We strongly opposed this bill.
The bill’s sponsor asked the Taxation Committee to vote Ought Not to Pass on the bill. The bill is now dead.
LD 2052, “An Act to Provide Additional Moose Hunting Opportunities for Maine Youth Experiencing Critical Illnesses.”
This bill would increase the number of moose permits issued to certain nonprofit organizations from two to five and would require that three permits be issued to organizations based in the State that benefit children who are residents of the State. The bill passed in both the House and the Senate and has been signed by the Governor.
LD 2063 “An Act to Clarify the Laws Governing Disclosure of Wood Processing Data.”
This bill was brought forward by the Maine Forest Service. It authorizes the Maine Forest Service to share certain confidential information it collects from wood processors in Maine with the United States Department of Agriculture, Forest Service, Northern Research Station (“USDA”) as long as the Maine Forest Service enters into a confidentiality agreement with that agency. It limits further disclosure of the data to summary reports that use aggregate data and it also provides penalties to ensure that the information shared is used appropriately. Tom Doak provided testimony in support of the bill.
The Committee voted unanimously Ought to Pass and the bill made its way through the House and Senate without objection. The bill was signed into law by the governor.
LD 2101 “An Act to Strengthen Shoreland Zoning Enforcement”
The bill authorizes a municipality to restrict the issuance of or suspend or revoke any municipally issued permit to the owner of real estate who violates a shoreland zoning ordinance. It also authorizes a municipality to claim a lien against the real estate for all costs incurred by the municipality and any unpaid penalties related to the ordinance violation. It also provides the same authority for the Maine Land Use Planning Commission (“LUPC”). Maine Woodland Owners has no interest in excusing those who violate shoreland zoning ordinances but I testified in opposition to the bill because of its broad language. The bill would allow a municipality (or LUPC) to restrict the issuance of, suspend or revoke any municipally issued permit based on a landowner’s violation of the shoreland zoning ordinance regardless of whether the permit is related to the violation. It also authorizes the municipality (or LUPC) to place a lien on the property and will require the person exercising their legitimate right to appeal to pay all the costs of the municipality (or LUPC) even if the appeal is successful. The Maine Forest Products Council also opposed the bill. At the Work Session on the bill possible amendments were discussed but the bill was tabled before any final agreement was reached. No additional work session has been scheduled at this time.
LD 1648, "An Act to Make Changes to the Farm and Open Space Tax Law."
Sponsored by Representative James Boyle
Testimony of Tom Doak in support on May 17th.
This bill makes a number of amendments to the farm and open space current use programs to make them more attractive to landowners, increase its public value and make it easier to understand and administer. The bill has been worked on by both a working group led by the Nature Conservancy as well as the Maine Climate Council’s Natural and Working Lands Work Group. Executive Director Tom Doak represented Maine Woodland Owners in the group which spent several weeks developing an amendment to the original bill. Ultimately, the group reached consensus and the amended language was presented to the Taxation Committee for its consideration. The amendment changes the valuation method for properties enrolled in the Open Space program, exempts non-profits from the 15,000 acre cap and includes reimbursement for municipalities.
The Committee voted a divided report with the majority voting Ought to Pass as Amended and the minority voting Ought Not to Pass. The bill will now move on to the House and Senate for further consideration.
LD 1823, "An Act to Protect and Respect the Right to Food."
Sponsored by Senator Craig Hickman
Testimony of Karla Black in opposition on May 10th.
This bill deals with food sovereignty. The bill is expansive and does many things including allowing municipalities to enact local ordinances regarding “traditional foodways,” which is defined to include hunting, gathering, fishing and foraging. It also prohibits the state from taking any enforcement action against any activities authorized by a local food ordinance. We testified in opposition to this bill at the Public Hearing on the basis that its far-reaching provisions could result in many unintended consequences for landowner rights and the regulation of wildlife resources.
The bill was tabled after the public hearing and the Agriculture, Conservation and Forestry Committee will be carried over to the next session.
LD 928, “Resolution, Proposing an Amendment to the Constitution of Maine to Establish a Right to a Clean and Healthy Environment"
Sponsored by Representative Margaret O'Neil.
Testimony of Karla Black on March 22, 2023 in opposition.
This bill proposes an amendment to the Maine Constitution to grant the people of Maine a right to a clean and healthy environment and to the preservation of the natural, cultural and healthful qualities of the environment. We testified in opposition to the bill because of the vague language, unintended consequences, and likely litigation that would follow. The bill would require a 2/3 vote of both houses to pass and then be sent out to the voters for approval.
The bill was carried over by the legislature for consideration next session.
LD 461 “An Act Regarding Private Ways and Private Roads.”
Last session the Legislature passed LD 461 and it became law without the governor’s signature. The bill made certain changes to the road associations statute, but it also instructed the Maine Abandoned and Discontinued Roads Commission to review the use of the terms “private way;” “public way;” “private road;” and “public easement” in Maine statutes and determine whether changes to current law would improve understanding and use of these terms throughout the statutes.
Maine Abandoned and Discontinued Roads Commission Report. The Commission started its work to review definitions in Maine statutes identified by LD 461, and recently presented its first report to the Joint Standing Committee on State and Local Government. The report recognizes that the work related to abandoned and discontinued roads is complex and raises both policy and legal issues. The majority of commission members made several recommendations for statutory changes including:
Adding a definition of “private road” and replacing the use of the word “private way” with “public easement” to the road association statute (23 M.R.S. §§3101-3016). This proposed change would allow landowners with land abutting a public easement that the municipality does not repair or maintain to form a road association under the statutory road association structure. The change also attempts to clarify existing law in 23 M.R.S. §3105-A that a municipality’s legislative body may authorize that municipality to plow, maintain and repair a public easement to the extent directed by the legislative body.
Removing the definition of “public roadway” from the Bicycle and Roller Skis Safety Education Act (29-A M.R.S. § 2322(9))
Replacing the use of “public roadway” with “public way” in a section that deals with helmet use (29-A M.R.S. § 2323).
When votes by Commission members were taken on these legislative proposals, I, as a member of the Commission, voted against them because the report contained multiple proposals that we believed were disadvantageous to landowners (including several that were not ultimately included as recommendations in the final report). We were also concerned about the unintended consequences that some of the changes could have by approaching them piecemeal.
The Commission’s report also included several priorities to help guide its continuing work. One is establishing limitations on landowner liability for those landowners who abut public easements. The other, which I submitted to the Commission, is focusing on the use of public easements by those who do not need to do so to get to their property, which often results in those who do need to use it, but have no authority to control the use or the access, end up maintaining it. Maintenance and access of discontinued and abandoned roads is an issue that has repeatedly been shown to be of deep concern to landowners who own property abutting such a road. Additionally, use of abandoned or discontinued roads by those who do not need the road for access, particularly use by ATVs, is one of the greatest causes of damage to the road and in turn create conflicts among landowners and users. Inclusion of this priority will ensure the Commission continues to focus on access as an issue that needs to be addressed.
The State and Local Government Committee has the authority to report out a bill based on the recommendations made by the Commission. It is unclear at this time whether it will do so. If it does, there will be a public hearing and opportunity for testimony. We will stay involved in the process and will oppose any proposals that are not in the best interests of landowners.
LD 993, “An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine."
Sponsored by Representative Margaret O'Neil
LD 993: An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine
Testimony of Tom Doak on March 22, 2023 in opposition.
Initially drafted to create a 21-member board appointed by the speaker of the house, the president of the senate and the governor to provide guidance on a variety of issues identified in the bill (such as advising on conditions and trends in the forests, etc.), we testified in opposition. We felt the bill was not necessary because the Maine Forest Service pulls together stakeholder groups on issues as needed. An amendment was offered limiting the number of board members, requiring all members to be appointed by the governor and limiting the board’s duties. It was a party-line divided report out of Committee (D’s in favor, R’s opposed) with a majority voting ought to pass as amended and a minority voting ought not to pass.
The bill was passed to be enacted in the House and placed on the Special Appropriations Table by the Senate. It will be carried over for consideration next session.
LD 614, "An Act to Provide a Free Antlerless Deer Permit to Certain Landowners Who Allow the Public to Hunt on Their Property."
Sponsored by Representative David Woodsome
Testimony of Tom Doak on March 19, 2023.
This bill amends the law to provide an antlerless deer permit at no cost for eligible landowners who apply for a permit and keep their lands open to hunting by the public. The bill provides that an eligible landowner is one who owns 20 contiguous acres and who does not prohibit hunting by others. Executive Director Tom Doak testified in favor of this bill and presented the Committee with a proposed amendment that would keep the current statute’s lottery system in place but would waive the $12 fee for those landowners selected in the lottery. The Inland Fisheries and Wildlife Committee requested to carry this bill over for additional consideration next session.
The bill was carried over for consideration during the next session.
LD 2191 “An Act to Prove Relief to Small Businesses Affected by Severe Weather-related Events.”
This bill establishes the Small Business Weather Emergency Relief Program to provide relief payments to small businesses affected by severe weather-related events. The program will be funded by a one-time general fund appropriation of $50,000,000. I testified in support of this bill during the Public Hearing and advocated that owners of woodlands who were impacted by the December 2023 and January 2024 storms with the loss of roads, bridges, culverts and ATV/snowmobile trails should be included in this fund. I offered that woodland owners are appropriate for inclusion because they are often enrolled in the Tree Growth Tax Law program which requires them to manage their property primarily for the production of commercial forest products. This includes, among other things, harvesting timber for sale to lumber yards and mills and selling Christmas trees and maple syrup. I encouraged the Innovation, Development, Economic Advancement and Business Committee to amend the bill to include a definition of “small business” that includes woodland owners. As of this writing, the Work Session on the bill has yet to be scheduled.
Articles
Videos
Legislative Update - January 30, 2023
Legislative Update - April 27, 2023
LD 1813: An Act Related to Oversized All-terrain Vehicles.
Update as of April 19th: The Committee endorsed an amendment that provides an exemption from registration for an oversized ATV if the owner or operator has the written permission of a landowner and is engaged in a business activity, other than recreational use of the oversized ATV. This amendment will allow oversized ATVs engaged in agricultural or other non-recreational activities to cross others’ lands without requiring registration if they have the landowners’ permission. This resolves some concerns expressed by members of the public during the bill’s public hearing. The bill passed in both the House and Senate and has been signed into law by the Governor.
About the Bill:
This bill seeks to change the State's ATV weight limitation to allow registration of an ATV that weighs up to 2,400 pounds. Last session, a bill was signed into law that made many changes to the regulation of ATVs in Maine based on recommendations from the Governor’s ATV Task Force, of which Executive Director Tom Doak was a member. Among the provisions in the law is one that limits the size and weight of ATVs that can be registered in Maine to 65" wide and 2,000 pounds. Because the recommendations from the Governor’s Task Force were based on a compromise between landowners and trail riders, Tom testified in opposition to LD 1813 and suggested that the Committee endorse an amendment to replaced the bill. The amendment the committee endorsed provides an exemption for oversized ATVs from registering if the owner or operator has the written permission of a landowner and is engaged in commercial activities directly related to the owner or operator’s business. It will allow oversized ATVs engaged in agricultural or other non-recreational activities to cross others’ lands without requiring registration and resolves some concerns expressed by members of the public during the bill’s public hearing.
LD 1929: An Act To Provide Assistance to Areas Severely Infested with Browntail Moths
This bill creates a program at the Maine Forest Service that provides resources to government entities and non-profits to deal with browntail moths. The bill also adds two entomology-related positions at the Department. Update as of April 19th: the bill has been passed to be enacted in the House and placed by the Senate on the Special Appropriations Table for further consideration of whether general fund funding exists to support the measures in the bill.
LD 1929: An Act To Provide Assistance to Areas Severely Infested with Browntail Moths
Testimony from Karla Black in support of LD 1929 on February 4, 2022.
February 5, 2022 Bangor Daily News article quoting Karla Black about LD 1929
Resolve, Regarding Authority of Municipalities To Regulate Timber Harvesting.
Update as of April 19th: This seemingly straightforward bill put forward by the Maine Forest Service is stuck on the table in the House pending reference to the Committee. This means, the House hasn’t voted yet to send this bill to the Agriculture, Conservation and Forestry Committee for a public hearing, the first step in the legislative process. Without reference to the Committee, the bill’s fate this late in the session is all but certain death. Apparently the holdup may stem from a mistaken belief that the bill impacts municipal regulation of herbicides. Rather, this bill seeks to clarify what constitutes a municipal forestry ordinance that requires Forest Service review. It is the result of a stakeholder group that was assembled to review and assess an existing Maine law regarding municipal regulation of timber harvesting that many municipalities were not following. The stakeholder group, on which Executive Director Tom Doak served, made recommendations to the Agriculture, Conservation and Forestry Committee regarding the statutory changes needed to bring municipalities into compliance. The Agriculture, Conservation and Forestry Committee voted unanimously after receiving the recommendations to have the bill printed for its consideration. Unfortunately, with the bill stuck on the table in the House, these statutory changes may need to wait until next session.
About the Bill:
The Legislature directed the Maine Forest Service to establish a working group to review this issue. The group met several times through the fall and examined the existing law that every municipality which develops an ordinance regulating timber harvest must follow. It is clear that there are numerous forestry related ordinances in municipalities which have been adopted without following the required procedure.
Among the recommendations submitted to the Legislature by the working group are that the Maine Forest Service (MFS) should:
Inform all municipalities of the current or amended law;
Offer outreach to municipalities known to have forestry ordinances; and
Help municipalities comply with the legally mandated process.
The working group also recommended that the Legislature:
Clarify in statute what constitutes a forestry ordinance that requires Maine Forest Service review;
Make a clearer distinction in statute between “timber harvesting activities” and clearing for development;
Establish in statute a process for certification that any municipal ordinance has been adopted following all required steps;
Establish a new deadline in statute for municipalities with current forestry ordinances that have not followed the required process to do so or the ordinance would become void; and 5. Consider establishing an official registry of municipal forestry ordinances maintain by the MFS.
Testimony in 2021 from Tom Doak supporting LD 1407
LD 1513: An Act to Require the Maintenance of a Discontinued Road That Provides the Sole Access to One or More Residences.
Update as of April 19th: This bill was held over from last session so that a legislative Subcommittee could review issues related to discontinued and abandoned roads. The Subcommittee recommended developing a permanent commission, and this bill creates the Maine Abandoned and Discontinued Roads Commission. The Commission would continue to review issues related to discontinued and abandoned roads and report back to the legislature. Executive Director Tom Doak testified in favor of the amendment. At the time of this writing, the bill has been passed to be enacted in the House and placed by the Senate on the Special Appropriations Table for further consideration.
About the Bill:
In response to this bill, the Legislature agreed to hold it over to the current term and allow a subgroup of the State and Local Government Committee to meet over the summer and fall to consider options for addressing the maintenance of these roads. In their review, it became clear to the Committee that numerous issues remain, in addition to maintenance, that still need work. It appears likely that the subgroup will recommend creating the Maine Abandoned and Discontinued Roads Commission to take on the thornier issues, many of which are legal questions. Should the Commission be created, I expect we will be represented on it as a member. The full Committee will hold a new public hearing on the proposal soon, though as I write this, it has not yet been scheduled.
Testimony from Tom Doak in support of an amendment that replaces the original bill and is titled "An Act to Establish the Maine Abandoned and Discontinued Roads Commission." on February 7, 2022
LD 1951: An Act Related to Hunting Dogs and Civil Trespass
Update as of April 19, 2022: Executive Director Tom Doak testified in favor of the bill, and the Committee voted the bill Ought to Pass. The bill was passed to be enacted by the House and Senate and signed into law by the Governor.
About the Bill:
Maine has a “leash law” that requires owners to have their dog on a leash or under their control. The exception to this law is dogs used during hunting. Most hunting dogs have not been a problem. However, there are a growing number of complaints about pack of dogs used in hunting coyotes and bear that end up where they are not welcome. The advisory group established by the Legislature last session, on which I served, has reported its recommendations to the Inland Fisheries and Wildlife Committee. Those recommendations including:
1. Make it illegal while hunting bear, coyote, bobcat, raccoon, or fox to release a hunting dog onto posted land or land which the landowner has communicated to the dog owner that hunting dogs are prohibited;
2. Make it illegal to release a hunting dog so that it enters property upon which, in the previous 365 days, a dog had been previously found;
3. Consider requiring a permit and online training course for any person who wishes to use a dog to hunt coyote, bear, fox, bobcat or raccoon;
4. Require that a functioning Global Positioning System (GPS) tracking collar be affixed to any dog which is engaged in training on or hunting bear, coyote, bobcat, fox, or raccoon.
The Inland Fisheries and Wildlife Committee will consider these recommendations and hold a public hearing before taking any action.
Testimony from Tom Doak given on February 28, 2022 in support of H.P. 575 - L.D. 770
LD 1917: An Act to Amend the Tax Laws of the State of Maine.
This makes a number of changes to the tax code, most of which have no impact on woodland or woodland ownership. However, there are a number of technical changes to the statutes involving current use taxation programs, including the Tree Growth Tax Law. As written, the proposed changes are clarifications – nothing substantive. However, we'll be watching this bill for any amendments.
LD 1917 has been passed by the House and Senate and signed into law by the Governor.
LD 1917: An Act to Amend the Tax Laws of the State of Maine.
Testimony from Tom Doak neither in support or in opposition to LD 1917 given in January 2022.
LD 1919: An Act to Encourage Job Growth in the Forest Products Sector through Tax Incentives.
The forest industry has been a pretty wild ride. While the use of paper has been down, lumber demand has been going the other direction. We are seeing some return to more balance, but the forces in play are worldwide, numerous, and constantly evolving. Changing dynamics and markets require new approaches to sustaining and growing the forest economy to leverage new opportunities. This bill would create incentives for wood products businesses that add employees.
Update as of April 22, 2022: LD 1919 has been passed to be enacted by the House and placed by the Senate on the Special Appropriations Table for further consideration.
LD 1919: An Act to Encourage Job Growth in the Forest Products Sector through Tax Incentives.
Testimony from Tom Doak in support of LD 1919 given in January 2022.
LD 1724: An Act to create a Logging Dispute Resolution Board and to Require Proof of Ownership Documents To Be Available within 14 Days of Request.
This bill established a Logging Dispute Resolution Board to hear disputes related to the logging industry. It was amended in Committee to further define the Board as only applying to disputes between landowners who own 50,000 acres of forest land or more and a forest products harvester (defined as an individual who qualifies as an independent contractor and who is engaged in harvesting trees from forest land for a landowner). The Board would have jurisdiction over disputes related to wage violations, payout amounts, contract violations or disputes related to hiring. The bill also changes the timeframe for a bond worker in a logging occupation to provide proof of the employer’s ownership of any logging equipment from 30 to 14 calendar days. It also requires employers to certify to the Department of Labor that the employer is not requiring a bond worker to engage in point-to-point hauling of forest products within the state or to otherwise violate federal cabotage laws. Despite significant opposition to the bill at the public hearing, the bill passed in Committee with a divided report, the Majority Ought to Pass as Amended report prevailing. As of April 19th, the bill was passed to be enacted by the House and Senate and awaits action by the Governor.