An Act To Create the Maine Agriculture Protection Act
Maine Legislature, Session 123, LD 1684
Committee: Agriculture, Conservation and Forestry
Sponsors: SHERMAN, PIEH, RA YE, BROWNE, CARTER, EDGECOMB, FLOOD, GIFFORD, JOY
Amends: 7 MRSA §52, 7 MRSA §4203, 12 MRSA §6-A, 36 MRSA §2013, 8 MRSA §801, 38 MRSA §480-Y

Legislative Document 
No. 1684 
S.P.591 
March 23,2007 
An Act To Create the Maine Agriculture Protection Act 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator SHERMAN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative PIEH of Bremen and Senator: RA YE of Washington, 
Representatives: BROWNE of Vassalboro, CARTER of Bethel, EDGECOMB of Caribou, 
FLOOD of Winthrop, GIFFORD of Lincoln, JOY of Crystal, McLEOD of Lee. 
Printed on recycled patfer 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §52~ sub-§3, as enacted by PL 1989, c. 478, § I, is amended to 
read: 
3. Commercial farming. "Commercial farming" means the production of any!!..fafm 
agricultural product,!! as defined by Title ++ 1, section ~ 
152, subsection 2, with the 
intent that that .farm agricultural product be sold or otherwise disposed of to generate 
mcome. 
Sec. 2. 7 MRSA c. 6 is enacted to read: 
CHAPTER 6 
MAINE AGRICULTURE PROTECTION ACT 
§151. Short title 
This Act may be known and cited as "the Maine Agriculture Protection Act." 
§152. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Agricultural composting operation. "Agricultural composting operation" means 
composting that takes place on a farm. "Agricultural composting operation" does not 
include an operation that involves nonorganic municipal solid waste or that composts 
municipal sludge, septage, industrial solid waste or industrial sludge. "Agricultural 
composting operation" does not include an operation that composts materials with a 
moderate or high risk of contamination from heavy metals, volatile and semivolatile 
organic compounds, polychlorinated biphenyls or dioxin. 
2. Agricultural products. "Agricultural products" means those plants and animals 
and their products that are useful to humans and includes, but is not limited to, forages 
and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry 
products, bees and bees' products, livestock and livestock products and fruits, berries, 
vegetables, flowers, seeds, grasses and other similar products, or any other plant, animal 
or plant or animal products that supply humans with food, feed, fiber or fur. 
3. 
Agriculture protection area. 
"Agriculture protection area" means an area 
designated by the department as being prime agriculture land that should be protected 
from nonagricultural development pressures. 
4. Agricultural support services. "Agricultural support services" means the aerial 
or surface application of seed, fertilizer, pesticides or soil amendments and custom 
harvesting. 
Page I - 123LR1136(OI)-1 
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5. 
Composting. 
"Composting" means the controlled aerobic decomposition of 
organic materials to produce a soil-like product beneficial to plant growth and suitable for 
agronomIc use. 
6. Cropland. "Cropland" means unforested land used for the production of crops, 
feed and agricultural products. 
7. Farm. "Fann" means the land, plants, animals, buildings, structures, ponds and 
machinery used in the commercial production of agricultural products. 
8. Farm operation. "Farm operation" means a condition or activity that occurs on a 
farm in connection with the commercial production of agricultural products and includes, 
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but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; 
operation of machinery and irrigation pumps; disposal of manure; agricultural support 
services; and the employment and use of labor . 
9. 
Generally accepted agricultural practices. "Generally accepted agricultural 
practices" means those practices as defined by the department. 
10. Governmental action. "Governmental action" means the issuance of a rule, 
policy or guideline adopted for or by a governmental entity or an order or other legally 
binding directive having the force of law or capable of being enforced by government. 
"Governmental action" does not mean a formal exercise of power of eminent domain; the 
adoption, enactment, repeal or amendment of a statute by the Legislature; a governmental 
action directed or mandated by an order of a court; a law enforcement activity involving a 
violation of law; or action taken to enforce a mortgage or lien or as a result of police 
power to prohibit activities that are hannful to the public safety and health. 
11. 
Governmental entity. 
"Governmental entity" means a board, authority, 
commission, department, office or agency of State Government, a local government or a 
special purpose district. 
§153. Agriculture protection area 
An area that is designated as an agriculture protection area by the department must be 
protected from nonagricultural development pressures. 
To protect these areas, the 
department shall create land preservation and use plans and policies and establish 
agricultural areas where substantial agricultural activities are encouraged. The land in 
these agriculture protection areas is conserved for the production of agricultural products 
to ensure the preservation of agriculture as a major factor in the economy of the State. 
1. Eligibility. A unit of 250 acres or more of cropland under the ownership of one or 
more persons is eligible to be designated as an agriculture protection area. The area may 
also consist of a number of noncontiguous parcels. Each agriculture protection area must 
have a minimum annual gross income of $10,000 from the production of agricultural 
products. 
2. Application. For cropland to be designated as an agriculture protection area, an 
owner or owners of that cropland must submit an application prepared by the department 
to the commissioner. The application must include: 
A. A legal description of the cropland, including the municipal tax map and lot 
number or numbers; 
B. Maps that provide the soil types, zoning and flood plan of the cropland; and 
C. Proof of annual gross income from the production of agricultural products of at 
least $10,000 for the previous 3 years. 
3. General rule. A municipality or political subdivision may not enact a law or 
ordinance that unreasonably restricts farm structures or farm practices within an 
agriculture protection area unless the law or ordinance bears a direct relationship to 
public health or safety. 
4. 
Public nuisance. 
A municipality or political subdivision law or ordinance 
defining or prohibiting a public nuisance must exclude from the definition of the nuisance 
any agricultural activity or operation conducted using normal farming operations within 
an agriculture protection area as permitted by this chapter if the agricultural activity or 
operation does not bear a direct relationship to public health or safety. 
5. Valuation. The State Tax Assessor in consultation with the department shall 
determine the valuation of cropland located in an agriculture protection area. 
A. The valuation must be the same as that determined in Title 36, sections 1101 to 
1121. 
B. The valuation may be reviewed biannually and must remain in effect as long as 
the cropland remains in production. 
C. 
The owner of the property shall annually on or before April 1 st provide 
documentation that the cropland remains in an agriculture protection area. 
6. Penalty. The penalty for withdrawal from the agriculture protection area is the 
taxes that would have been assessed upon the land for the past year, less all taxes that 
were actually paid in the past year, plus interest at the rate set annually by the 
municipality during the previous year. 
§154. Farm; farm operation or agricultural composting operation not a nuisance 
A farm, farm operation or agricultural composting operation may not be considered a 
public or private nuisance if the farm, farm operation or agricultural composting 
operation alleged to be a nuisance is in compliance with applicable state and federal laws, 
rules and regulations and: 
1. Farm; farm operation; agricultural composting operation. The farm, farm 
operation or agricultural compo sting operation conforms to generally accepted 
agricultural practices, as determined by the commissioner in accordance with Title 5, 
chapter 375; 
2. Storage or use of farm nutrients; complaints. For complaints regarding the 
storage or use of farm nutrients as defined in section 4201, subsection 4, the farm, farm 
operation or agricultural composting operation has implemented a nutrient management 
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plan developed in accordance with section 4204 and operation of the farm, farm operation 
or agricultural composting operation is consistent with the nutrient management plan; or 
3. 
Change in land use; occupancy of land. 
The farm, farm operation or 
agricultural compo sting operation existed before a change in the land use or occupancy of 
land within one mile of the boundaries of the farm, farm operation or agricultural 
composting operation as long as, before the change in land use or occupancy, the farm, 
farm operation or agricultural composting operation would not have been considered a 
nuisance. 
This paragraph does not apply to a farm, farm operation or agricultural 
composting operation that materially changes the conditions or nature of the farm, farm 
operation or agricultural composting operation after a change in the land use or 
occupancy of land within one mile of the boundaries of the farm, farm operation or 
agricultural composting operation. Nothing in this paragraph affects the applicability of 
any of the other provisions of this section. 
§155. Violation of municipal ordinances 
A method of operation used by a farm or farm operation located in an area where 
agricultural activities are permitted may not be considered a violation of a municipal 
ordinance if the method of operation constitutes a generally accepted agricultural practice 
as determined by the department. 
§156. Application; municipal ordinances 
This section does not affect the application of state and federal laws. 
After the 
effective date of this section, a municipality must provide the commissioner with a copy 
of any proposed ordinance that affects farm operations. The clerk of the municipality or a 
municipal official designated by the clerk shall submit a copy of the proposed ordinance 
to the commissioner at least 90 days prior to the meeting of the legislative body or public 
hearing at which adoption of the ordinance will be considered. The commissioner shall 
review the proposed ordinance and advise the municipality as to whether the proposed 
ordinance restricts or prohibits the use of generally accepted agricultural practices. This 
section does not affect municipal authority to enact ordinances. 
§157. Minimization of impact of governmental action 
To minimize the impact of governmental action affecting private agricultural 
property, a governmental entity shall: 
1. Diminution in value. Avoid diminution in value of agricultural property; 
2. Expedite decision. Expedite a decision by the entity in cases in which a delay of 
the decision will substantially interfere with the use or value of agricultural property 
rights; and 
3. 
Avoid delays in compensating owners. 
Avoid unnecessary delays in 
compensating owners of agricultural property when diminution in value occurs by 
governmental action. 
§158. Impact assessment 
A governmental entity shall prepare a written assessment of any proposed 
governmental action prior to taking any proposed action that results in a diminution in 
value of agricultural property. The written assessment must include: 
1. Identification of governmental action. A clear and specific identification of the 
governmental action and the purpose of the governmental action; 
2. Affected agricultural property. Whether the governmental action would result 
in a diminution in value to the affected agricultural property. If so, the extent of the 
diminution in value; 
3. Alternatives. Alternatives to the proposed action that would lessen or eliminate 
any adverse impact on the agricultural property; and 
4. Source of payments. The source of payments in the entity's budget or otherwise 
for any compensation that may be in order. 
§159. Complaint resolution 
The commissioner shall investigate all complaints involving a farm, farm operation 
or agricultural composting operation, including, but not limited to, complaints involving 
the use of waste products, groundwater and surface water pollution and insect 
infestations. In cases of insect infestations not arising from agricultural activities, when 
the State Entomologist believes that the infestation is a public nuisance and is able to 
identify the source or sources of the infestation, the commissioner shall refer the matter to 
the Department of the Attorney General. If the commissioner finds upon investigation 
that the person responsible for the farm, farm operation or agricultural composting 
operation is using generally accepted agricultural practices, the commissioner shall notify 
that person and the complainant of this finding in writing. Notwithstanding section 154, 
if the commissioner identifies the source or sources of the problem and finds that the 
problem is caused by the use of other than generally accepted agricultural practices, the 
commissioner shall: 
1. 
Changes. 
Determine the changes needed in the farm, farm operation or 
agricultural composting operation to comply with generally accepted agricultural 
practices and prescribe site-specific generally accepted agricultural practices for that 
farm, farm operation or agricultural composting operation; 
2. Advise person responsible. Advise the person responsible for the farm, farm 
operation or agricultural composting operation of the changes, as determined in 
subsection 1, that are necessary to conform with generally accepted agricultural practices 
and determine subsequently if those changes are implemented; and 
3. 
Findings. 
Give the findings of the initial investigation and subsequent 
investigations and any determination of compliance to the complainant and person 
responsible. 
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§160. Good faith 
The Maine Rules of Civil Procedure, Rule 11 applies in any private action filed 
against the owner or operator of a farm, farm operation or agricultural compo sting 
operation in which it is alleged that the farm, farm operation or agricultural compo sting 
operation constitutes a nuisance if it is determined that the action was not brought in good 
faith and was frivolous or intended for harassment only. 
§161. Failure to adopt generally accepted agricultural practices 
If the person responsible for a farm, farm operation or agricultural composting 
operation does not apply generally accepted agricultural practices as required by the 
commissioner, the commissioner shall send a written report to an appropriate agency if a 
federal or state law has been violated and to the Attorney General. The Attorney General 
may institute an action to abate a nuisance or to enforce the provisions of this section or 
any other applicable state law, and the court may order the abatement with costs as 
provided under Title 17, section 2702, such injunctive relief as provided in this section or 
by other applicable law, or that a civil violation has been committed. Failure to apply 
generally accepted agricultural practices in accordance with this section constitutes a 
separate civil violation for which a fine of up to $1,000, together with an additional fine 
of up to $250 per day for every day that the violation continues, may be adjudged. 
§162. Agricultural Complaint Response Fund 
There is established the nonlapsing Agricultural Complaint Response Fund. The 
commissioner may accept from any source funds designated to be placed in the fund. The 
commissioner may authorize expenses from the fund as necessary to investigate 
complaints involving a farm, farm operation or agricultural composting operation and to 
abate conditions potentially resulting from farms, farm operations or agricultural 
composting operations. 
§163. Educational outreach 
The commissioner shall conduct an educational outreach program for the agricultural 
community to increase awareness of the provisions of this chapter and the generally 
accepted agricultural practices of the department. The commissioner shall inform the 
public about the provisions of this chapter, the complaint resolution process adopted by 
the department and state policy with respect to preservation and protection of agricultural 
and natural resources. 
§164. Rules 
The commissioner shall adopt rules in accordance with the Maine Administrative 
Procedure Act to interpret and implement this section. Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 
MRS A §4203, sub-§l, ~C, as enacted by PL 2003, c. 283, §2, IS 
amended to read: 
C. 
When an aggrieved party within 30 days of the commissioner's decision appeals 
a decision of the commissioner regarding site-specific best management generally 
accepted agricultural practices prescribed for a fann or other issue governed under 
section 159 or Title 17, section 2701-B or 2805, the board shall hold a hearing in 
accordance with Title 5, chapter 375, subchapter 4. The board may affinn, amend or 
reverse a decision made by the commissioner. The board's decision is a final agency 
action. The board may also conduct an infonnation-gathering meeting at the request 
of the department or any party with a legitimate interest to facilitate the complaint 
resolution process under section 159 or Title 17, section 270 I-B or 2805. 
Sec. 4. 7 MRSA §4203, sub-§2-A, as enacted by PL 2003, c. 283, §3, is amended 
to read: 
2-A. Temporary membership. When the subject matter of an appeal or complaint 
resolution process under this section is other than manure or nutrient management, the 
commissioner may appoint up to 3 temporary board members for the purpose of hearing 
an appeal, conducting an infonnation-gathering meeting or facilitating the complaint 
resolution process under Title l7, section ~ 
157. At least one temporary member 
must have expertise with the subject matter of the complaint or problem and one 
temporary member must represent the agricultural sector involved. 
The tenns for 
temporary members expire when the board detennines that it has taken final action on the 
appeal or complaint resolution process. 
Sec. 5. 12 MRSA §6-A, sub-§2, as enacted by PL 1989, c. 478, §2, is amended to 
read: 
2. Crop-producing. Includes only land where agricultural chemicals, as defined in 
Title 7, section 52, were used in the production of farm agricultural products, as defined 
in Title ++ 1. section ~ 
152, subsection 2, in 3 or more of the previous 6 calendar 
years; and 
Sec. 6. 17 MRS A §2805, as amended by PL 2005, c. 638, § 1, is repealed. 
Sec. 7. 36 MRSA §2013, sub-§I, ~A, as amended by PL 2005, c. 638, §2, is 
further amended to read: 
A. "Commercial agricultural production" means commercial production of crops for 
human and animal consumption, including the commercial production of sod, an 
agricultural composting operation as defined in Title ++ 1. section ~ 
152, 
subsection 1, the commercial production of seed to be used primarily to raise crops 
for nourishment of humans or animals and the production of livestock. 
Sec. 8. 37-8 MRSA §801, sub-§4, ~, as enacted by PL 1989, c. 464, §3, is 
amended to read: 
B. 
Owners and operators of commercial agricultural operations shall be are exempt 
from the fee requirements under this section for registering agricultural facilities and 
for hazardous materials used in the commercial production of farm agricultural 
products as defined in Title ++ 1. section ~ 
152, subsection 1, paragraph C 2. 
Farm Agricultural product processing facilities are not exempt from the fee 
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requirements. For the purposes of this section, "processing" shall does not include 
the packaging of raw commodities or fafm agricultural products for resale. 
Sec. 9. 38 MRSA §480-Y, sub-§2, ~A, as enacted by PL 1995, c. 659, §1, is 
amended to read: 
A. 
The farm must have an irrigation management plan, referred to in this section as 
the "irrigation plan." The irrigation plan must identify the total number of irrigated 
acres on the farm or on a specified management unit, the amount of water needed, the 
potential sources of water for irrigating the field and the water management practices 
that will be used to ensure that the amount of water used for crop irrigation will be 
kept to a minimum. 
For the purposes of this subsection, "farm" has the same 
meaning as in Title ++ ], section ~ 
152, subsection 7. 
SUMMARY 
This bill repeals the Maine Revised Statutes, Title 17, section 2805, which deals with 
certain farms or farm operations that are exempt from being classified as a nuisance and 
with the use of best management practices. The bill also establishes the Agriculture 
Protection Act in Title 7. The bill establishes incentives to conserve and protect current 
agricultural land and enterprises and to further encourage agricultural development. The 
bill also allows the State to create agriculture protection areas to foster and strengthen 
agriculture development.