Maine Legislature, Session 121, LD 0827
Committee Amendment CA_A_H799 (House)
Amends: 36 MRSA §1109

COMMITTEE AMENDMENT "A-" to H.P. 604, 
Act Regarding Wildlife Habitat Conservation" 
L.D. 827, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
I Sec. I. 36 MRS A §II02, sub-§IO is enacted to read: 
10. 
wildlife bahitat. 
"Wildlife habitat" means land that 
is 
subject 
to 
a 
written 
management 
agreement 
between 
the 
landowner 
and either the Department of Inland Fisheries and 
Wildlife or the Department of Conservation to ensure that the 
habitat benefits provided by the land are not lost. 
Management 
agreements may be revised or updated by mutual consent of both 
parties at any time. 
Management agreements must be renewed at 
least every 10 years. 
"Wildlife habitat" must also meet one of 
the following criteria: 
A. 
The 
land is designated by the Department of Inland 
Fisheries 
and Wildlife 
as 
supporting 
important wildlife 
habitat; 
B. 
The land supports the life cycle of any species of 
wildlife as identified by the Department of Inland Fisheries 
and Wildlife; 
Page l-LR0693(2) 
COMMITTEE AMENDMENT 
.. " 
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COMMITTEE AMENDMENT "A" to H.P. 604, L.D. 827 
C. 
The land is identified by the Department of Conservation 
as supporting a natural vegetation community; or 
D. 
The land is designated as a resource protection area in 
a comprehensive plan, zoning ordinance or zoning map. 
Sec. 2. 36 MRSA §1109, sub-§3, tM, as amended by PL 2003, c. 
414, Pt. B, §51 and affected by Pt. D, §7, is further amended to 
read: 
M. 
The identification of the land or of outstanding natural 
resources on the land by a legislatively mandated program, 
on the state, local or federal level, as particular areas, 
parcels, 
land types or natural resources 
for protection 
including, 
but not limited to, 
the Register of Critical 
Areas 
under 
Title 
5, 
chapter 
312; 
the 
laws 
governing 
wildlife sanctuaries and management areas under Title 12, 
section 10109, subsection 1 and sections 12706 and 12708; 
the 
laws 
governing 
the State's rivers 
under Title 
12, 
chapter 
200; 
the natural resource protection laws 
under 
Title 38, 
chapter 3, subchapter 1, article 5-A; 
and the 
Maine 
Coastal Barrier Resources 
Systems 
under Title 38, 
chapter 21; SF 
Sec. 3. 36 MRSA §1109, sub-§3, tN, as enacted by PL 1989, c. 
748, §4, is amended to read: 
N. 
Whether 
the land contains historic or archeological 
resources listed in the National Register of Historic Places 
or is determined eligible for such a listing by the Maine 
Historic Preservation Commission, either in its own right or 
as contributing to the significance of an adjacent historic 
or archeological resource listed, or eligible to be listed, 
in the National Register of Historic PlacesT~ 
Sec. 4. 36 MRSA §1109, sub-§3, to is enacted to read: 
O. 
Whether there is a written management agreement between 
the landowner and the Department of Inland Fisheries and 
Wildlife or the Department of Conservation as described in 
section 1102, subsection 10.' 
SUMMARY 
This amendment replaces the bill. 
It clarifies the meaning 
of "wildlife habitat" for purposes of the farm and open space tax 
law and requires assessors to consider whether there is a written 
agreement for the protection of wildlife habitat when determining 
eligibility for classification under that law. 
COMMITTEE AMENDMENT