Maine Legislature, Session 121, LD 1693
Committee Amendment CA_A_S385 (Senate)
Amends: 17 MRSA §2511

COMMITTEE AMENDMENT . ./Jr. to S.P. 625, L.D. 1693, Bill, "An 
Act To Improve the Property Boundary Marking Laws for Purposes of 
Timber Harvesting" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
· Sec. I. 17 MRSA §2511 is enacted to read: 
§2511. 
Harvesting timber near property line 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"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. 
B. 
"Harvester" means a person, firm, company, corporation 
or other legal entity that harvests or contracts to harvest 
a forest product. 
C. 
"Landowner 
representative" 
means 
a 
person, 
firm, 
company, corporation or other legal entity representing the 
landowner in timber sales or land management. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,)Ot to S.P. 625, L.D. 1693 
D. 
"Line tree" means 
a 
tree whose main stem or trunk 
straddles an established property line and that is blazed or 
painted to indicate the location of the established property 
line. 
E. 
"Timber harvesting" 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 landowner or landowner representative who authorizes 
timber harvesting or a harvester who in fact harvests timber 
shall clearly mark with flagging or other temporary and 
visible means any established property lines that are within 
feet of the area to be harvested. 
The marking of 
property lines must be completed prior to commencing timber 
harvesting. 
A person who fails to mark property lines in 
accordance with this paragraph commits a civil violation for 
which a fine of not less than $250 nor more than $1,000 may 
be adjudged. 
B. 
A landowner, landowner representative or harvester who 
authorizes the 
timber harvesting or in fact harvests a line 
tree without first obtaining permission from the abutting 
landowner commits a civil violation for which a fine of not 
less than $250 nor more than $1,000 may be adjudged. 
3. 
Exemptions. 
The following are exempt from this section: 
A. 
Tbe Department of Transportation in tbe performance of 
activities under Title 23, section 701: 
B. 
Public 
utilities 
engaged 
in 
maintaining 
adequate 
facilities 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 amendment changes the definition of "line tree." 
It 
also specifies penalties for the civil violations of failure to 
mark property lines prior to harvest and harvesting a line tree 
without the abutting landowner's permission. 
COMMITTEE AMENDMENT