An Act To Improve the Property Boundary Marking Laws for Purposes of Timber Harvesting
Maine Legislature, Session 121, LD 1693
Committee: Agriculture, Conservation and Forestry
Sponsors: BRYANT, McKEE, DUPLESSIE, GERZOFSKY, HONEY, JACKSON, PINGREE, SMITH
Amends: 17 MRSA §2511

Legislative Document 
No. 1693 
S.P.625 
In Senate, December 17, 2003 
An Act To Improve the Property Boundary Marking Laws for 
Purposes of Timber Harvesting 
Submitted by the Department of Conservation pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative McKEE of Wayne and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: DUPLESSIE of Westbrook, GERZOFSKY of Brunswick, HONEY of 
Boothbay, JACKSON of Fort Kent, PINGREE of North Haven, SMITH of Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17 MRSA §2511 is enacted to read: 
§2511. 
Trees growing on boundary line 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Common property" means anything with value that is 
undivided and jointly owned by 2 or more people. 
B. 
"Cutting" means cutting, chopping, sawing or felling. 
C. 
"Established property line" means a line demarcated by 
monuments, signs, markings, pins, reference points or other 
markers that denotes a change in ownership between abutting 
properties. 
These established property line markers must 
have 
been placed upon mutual agreement of 
the abutting 
landowners, 
based 
on historical physical 
evidence 
of 
a 
preexisting boundary line, or by 
a 
licensed professional 
surveyor pursuant to Title 32, chapter 121. 
D. 
"Landowner 
representative" 
means 
a 
company, corporation or other legal entity 
landowner in timber sales or land management. 
person, 
firffiL 
representing the 
E. 
"Line tree" means a tree whose main stem or trunk is 
straddling the established property line dividing 2 or more 
properties owned by different persons. 
A line tree growing 
on an established property line is common property between 
abutters. 
F. 
"Timber haryesting" means 
the cutting or 
removal 
of 
timber for the primary purpose of selling or processing 
forest products. 
2. 
Prohibitions. 
The following acts are prohibited. 
A. 
A person who fails to mark property lines in accordance 
with this paragraph commits a civil violation. 
A landowner, 
landowner representative or designated agent who authorized 
timber harvesting or in fact cuts or harvests timber shall 
clearly mark any established property lines that are within 
feet of the area to be cut. 
The marking of property 
lines must be completed prior to commencing the cutting or 
timber harvesting operations. 
Page l-LR2492(1) 
B. 
A landowner, landowner representative, designated agent 
or harvester who authorizes or in fact cuts or harvests a 
line 
tree 
without 
first 
obtaining 
permission 
from 
the 
abutting owner commits a civil violation. 
3. 
Exemptions. 
The following are exempt from this section: 
A. 
The Department of Transportation in the performance of 
activities under Title 23, section 701; 
B. 
Public 
utilities 
engaged 
in 
maintaining 
adequate 
facilities in emergencies in compliance with Title 35-A, 
section 301; and 
c. 
Municipal 
employees, 
persons 
contracting 
with 
a 
municipality or other legitimate agents of a municipality 
acting within the course and scope of their employment or 
performing volunteer work for the municipality by removing 
trees 
obstructing 
a 
public 
way 
or 
fallen trees 
or 
in 
emergencies. 
SUMMARY 
This bill: 
1. 
Requires persons cutting or harvesting trees near 
a 
property boundary line to clearly mark the property boundary line; 
2. 
Prohibits the cutting or harvesting of trees growing on 
a property boundary line unless prior approval is obtained from 
owners of the abutting property; and 
3. 
Provides an exemption 
Department 
of 
Transportation, 
employees or agents. 
for tree cutting performed by the 
public utilities 
or 
municipal