An Act To Create the Maine Agriculture Protection Act
Maine Legislature, Session 123, LD 1684
Committee Amendment CA_A_S455 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 591, L.D. 1684, Bill, "An Act To 
Create the Maine Agriculture Protection Act" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, maintaining a base of commercially viable agricultural land is vital to 
rural communities and the State's economy; and 
Whereas, thoughtful policies are needed to address the impact of development on 
working farms and farmland; and 
Whereas, convening a commission for this purpose as soon as possible will allow 
more time for thoughtful examination of the issues; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, , 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 7 MRSA §S2, sub-§3, as enacted by PL 1989, c. 478, §1, is amended to 
read: 
3. Commercial farming. "Commercial farming" means the production of any ~farm 
product ," as defined by Title 17, section 2805, with the intent that that farm product be 
sold or otherwise disposed of to generate income. 
Sec. 2. 7 MRSA §S2, sub-§3-A is enacted to read: 
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COMMITTEE AMENDMENT "A" to S.P. 591, L.D. 1684 
3-A. Farm product. "Farm product" means those plants and animals useful to 
humans and includes, but is not limited to, forages and sod crops, grains and food crops, 
dairy products, poultry and poultry products, bees, livestock and livestock products and 
fruits, berries, vegetables, flowers, seeds, grasses and other similar products. 
Sec.3. 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. 
"Agricultural products" does not include trees grown and harvested for forest products. 
3. Agricultural support services. "Agricultural support services" means the aerial 
or surface application of seed, fertilizer, pesticides or soil amendments and custom 
harvesting. 
4. 
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. 
S. Farm. "Farm" means the land, plants, animals, buildings, structures, ponds and 
machinery used in the commercial production of agricultural products. 
6. 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, 
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. 
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COMMITTEE AMENDMENT" A" to S.P. 591, L.D. 1684 
§153. 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 under Title 17, chapter 91 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 composting operation conforms to best management 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 
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. 
Chan!!e in land use; occupancy of land. 
The farm, farm operation or 
agricultural composting 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 subsection 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 subsection affects the applicability of 
any of the other provisions of this chapter. 
§154. 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 best management practices as determined 
by the commissioner in accordance with section 153, subsection I. 
§155. Application; municipal ordinances 
This chapter does not affect the application of state and federal laws. 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 best management practices. This section does not affect municipal authority to 
enact ordinances. 
§156. Complaint resolution 
The commissioner shall investigate all complaints involving a farm, farm operation 
or agricultural composting operation, including, but not limited to, complaints involving 
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COMMITTEE AMENDMENT" A " to S.P. 591, L.D. 1684 
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 ofthe 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 best management practices, the commissioner shall notify that person 
and the complainant of this finding in writing. Notwithstanding section 153, subsection 
3, if the commissioner identifies the source or sources of the problem and finds that the 
problem is caused by the use of other than best management practices, the commissioner 
shall: 
1. 
Changes. 
Determine the changes needed in the farm, farm operation or 
agricultural composting operation to comply with best management practices and 
prescribe site-specific best management 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 best management 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. 
§157. 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 composting 
operation in which it is alleged that the farm, farm operation or agricultural composting 
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. 
§158. Failure to adopt best management practices 
If the person responsible for a farm, farm operation or agricultural composting 
operation does not apply best management 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 chapter 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 best 
management practices in accordance with this chapter 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 591, L.D. 1684 
§159. Agricultural Complaint Response Fund 
There is established the non lapsing 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. 
§160. 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 best 
1 
management 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. 
§161. Rules 
The commissioner shall adopt rules in accordance with the Maine Administrative 
Procedure Act to intemret and implement this chapter. Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill in section 3 by striking out all of paragraph C (page 7, lines 1 to 9 in 
L.D.) and inserting the following: 
'C. When an aggrieved party within 30 days of the commissioner's decision appeals 
a decision of the commissioner regarding site-specific best management practices 
prescribed for a farm or other issue governed under section 156 or Title 17, section 
2701-8 or 2805, the board shall hold a hearing in accordance with Title 5, chapter 
375, subchapter 4. The board may affirm, amend or reverse a decision made by the 
commissioner. The board's decision is a final agency action. The board may also 
conduct an information-gathering meeting at the request of the department or any 
party with a legitimate interest to facilitate the complaint resolution process under 
section 156 or Title 17, section 270 J-8 or 2805.' 
Amend the bill in section 4 in subsection 2-A in the 5th line (page 7, line 16 in L.D.) 
1 
by striking out the following: "157" and inserting the following: '156' 
Amend the bill in section 5 by striking out all of subsection 2 (page 7, lines 23 to 26 
in L.D.) and inserting the following: 
'2. Crop-producing. Includes only land where agricultural chemicals, as defined in 
Title 7, section 52, were used in the production offarm products, as defined in Title ++ 1, 
section ~ 
52, subsection 3-A, in 3 or more of the previous 6 calendar years; and' 
Amend the bill by striking out all of section 7 and inserting the following: 
COMMITTEE AMENDMENT 
COMM ITTEE AMENDMENT "A "to S.P. 591, L.D. 1684 
I 
'Sec. 7. 36 MRS A §2013, sub-§I, ~A, as repealed and replaced by PL 2007, c. 
466, Pt. A, §60, is 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 compo sting operation as defined in Title +-+ 1, section ~ 
152, 
subsection I, the commercial production of seed to be used primarily to raise crops 
for nourishment of humans or animals and the production of livestock, including the 
removal and storage of manure from that livestock.' 
Amend the bill in section 9 in paragraph A in the last line (page 8, line 11 in L.D.) by 
striking out the following: "subsection 7" and inserting the following: 'subsection 5' 
Amend the bill by inserting after section 9 the following: 
'Sec. 10. Commission to Study the Protection of Farms and Farmland 
established. The Commission to Study the Protection of Farms and Farmland, referred 
to in this section as "the commission," is established. 
1. Membership. The commission consists of 11 members, appointed as follows: 
A. 
Two members of the Senate, one member from the party holding the largest 
number of seats and one member from the party holding the 2nd largest number of 
seats, appointed by the President of the Senate. At least one Senate member must be 
serving on the Joint Standing Committee on Agriculture, Conservation and Forestry; 
B. 
Four members of the House of Representatives, at least one member from the 
party holding the largest number of seats and at least one member from the party 
holding the 2nd largest number of seats, all appointed by the Speaker of the House. 
At least one House member must be serving on the Joint Standing Committee on 
Agriculture, Conservation and Forestry; 
C. 
One member with expertise in land use policy and knowledge of farmland 
preservation programs appointed by the President of the Senate; 
D. 
One member with expertise in tax policy appointed by the President of the 
Senate; 
E. 
Two members recommended by a council representing diverse agricultural 
producer associations and appointed by the Speaker of the House; and 
F. 
One member representing municipal interests appointed by the Speaker of the 
House. 
2. Commission chairs. 
The first-named Senator is the Senate chair of the 
commission and the first-named member of the House is the House chair of the 
commission. 
3. Appointments; convening of commission. All appointments must be made no 
later than 30 days following the effective date of this Act. The appointing authorities 
shall notify the Executive Director of the Legislative Council once all appointments have 
been made. When the appointment of all members has been completed, the chairs of the 
commission shall call and convene the first meeting of the commission. 
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COMMITTEE AMENDMENT .. A" to S.P. 591, L.D. 1684 
4. Duties. The commission shall develop policy initiatives to protect working farms 
from the impact of development and to maintain a base of commercially viable 
agricultural land for Maine's future. Towards this end, the commission shall: 
A. Develop a system to classify farmland that is viable for agricultural production 
and establish statewide criteria for identifying farmland that warrants the highest 
order of protection; 
B. Explore options and develop a proposal for designating agriculture protection 
areas. 
In exploring options, the commission shall review provisions establishing 
agricultural protection zones or districts in other states; 
C. Review eligibility criteria and participation by farmers in Maine's current use 
property tax programs and develop recommendations regarding tax policy; and 
D. Consider requiring an assessment of potential impacts on agricultural land prior to 
a governmental action such as a permitting decision or commencement of a public 
works project. 
5. 
Staff assistance. 
The Legislative Council shall provide necessary staffing 
services to the commission. 
6. Report. No later than November 5, 2008, the commission shall submit a report 
that includes its findings and recommendations, including suggested legislation, to the 
joint standing committee of the Legislature having jurisdiction over agricultural matters. 
Upon receipt of the report, the joint standing committee of the Legislature having 
jurisdiction over agricultural matters may introduce legislation related to the protection of 
farmland to the First Regular Session ofthe 124th Legislature. 
7. Commission budget. The commission shall seek outside funds to fully fund all 
costs of the commission. If sufficient outside funding has not been received by the 
commission by August 1,2008 to fully fund all costs of the commission, no meetings are 
authorized and no expenses of any kind may be incurred or reimbursed. Contributions to 
support the work of the commission may not be accepted from any party having a 
pecuniary or other vested interest in the outcome of the matters being studied. Any 
person, other than a state agency, desiring to make a financial or in-kind contribution 
must certify to the Legislative Council that it has no pecuniary or other vested interest in 
the outcome of the study. The certification must be made in the manner prescribed by the 
Legislative Council. All contributions are subject to approval by the Legislative Council. 
All funds accepted must be forwarded to the Executive Director of the Legislative 
Council along with an accounting record that includes the amount of the funds, the date 
the funds were received, from whom the funds were received and the purpose of and any 
limitation on the use of the funds. The Executive Director of the Legislative Council 
shall administer any funds received by the commission. 
The executive director shall 
notify the chairs of the commission when sufficient funding has been received. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
LEGISLATURE 
Study Commissions - Funding 0444 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 591, L.D. 1684 
Initiative: Provides funds for the per diem and general operating expenses of the 
Commission to Study the Protection of Farms and Farmland. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2007-08 
$0 
$0 
$0 
2008-09 
$1,320 
$2,950 
$4,270 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes from the bill the provisions for designating agriculture 
protection areas and requiring a governmental entity to prepare an impact assessment 
prior to taking an action that would diminish the value of agricultural property. 
It 
replaces the term "generally accepted agricultural practices" with "best management 
practices." 
It corrects cross-references. 
This amendment also establishes a study 
commission to develop recommendations for protecting farmland. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06/08 .wac:. 
LD 1684 
LR 1136(02) 
An Act To Create the Maine Agriculture Protection Act 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
2007-08 
2008-09 
Projections 
2009-10 
Projections 
2010-11 
Appropriations/Allocations 
Other Special Revenue Funds 
Legislative Cost/Study 
$0 
$4,270 
$0 
This bill includes an Other Special Revenue Funds allocation to the Legislature of $4,270 in fiscal year 2008-09 to 
provide funds for the per diem and general operating expenses of the Commission to Study the Protection of Farms 
and Farmland. If sufficient outside funding has not been received by August 1, 2008 to fully fund all costs of the 
commission, no meetings are authorized and no expenses of any kind may be incurred or reimbursed. 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food, and Rural Resources can be absorbed within existing 
budgeted resources. 
LR 1136(02) - Fiscal Note - Page 1 of 1 
$0