Resolve, Directing the Department of Agriculture, Food and Rural Resources To Implement a Pilot Program To Preserve Agricultural Land
Maine Legislature, Session 123, LD 1713
Committee: Agriculture, Conservation and Forestry
Sponsors: HOLMAN, SHERMAN, CUMMINGS, FLOOD, MAREAN, MILLETT, PIEH, PIOTTI, WEBSTER, HASTINGS

Legislative Document 
No. 1713 
H.P.1196 
House of Representatives, March 23, 2007 
Resolve, Directing the Department of Agriculture, Food and Rural 
Resources To Implement a Pilot Program To Preserve Agricultural 
Land 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative HOLMAN of Fayette. 
Cosponsored by Senator SHERMAN of Aroostook and 
7r/~/J7.~ 
MllLICENT M. MacFARLAND 
Clerk 
Representatives: Speaker CUMMINGS of Portland, FLOOD of Winthrop, MAREAN of 
Hollis, MILLETT of Waterford, PIEH of Bremen, PIOTTI of Unity, WEBSTER of Freeport, 
Senator: HASTINGS of Oxford. 
Printed on recycled paper 
Sec. 1. Pilot program to preserve agricultural land. Resolved: That the 
Department of Agriculture, Food and Rural Resources, referred to in this resolve as "the 
department," shall establish a 5-year pilot program, referred to in this resolve as "the pilot 
program," that is designed to discourage commercial and residential development outside 
of growth areas established by municipalities and to encourage farmers to defer 
development of actively productive farmlands through the purchase of limited-term deed 
restrictions; and be it further 
Sec. 2. Selection of region or regions. Resolved: That the department shall 
select one or more regions of the State to participate in the pilot program. In selecting the 
region or regions to participate in the pilot program, the department shall select areas in 
the State: 
1. That are productive or active agricultural areas; and 
2. Within which farming is at risk due to nonagricultural development pressures; and 
be it further 
Sec. 3. Implementation of pilot program. Resolved: That the department 
shall implement the pilot program within the region or regions selected in accordance 
with section 2 in accordance with the following. 
1. A recipient under the Maine Revised Statutes, Title 30-A, chapter 187, subchapter 
of a permit for a subdivision lying outside a municipally established growth area under 
Title 30-A, chapter 187 shall remit to the department a fee per lot or acre. The Executive 
Department, State Planning Office shall provide technical assistance to the department on 
aspects related to locally designated growth areas. 
2. A recipient under the laws governing the site location of development of a permit 
for commercial retail development outside a municipally established growth area under 
Title 30-A, chapter 187 shall remit to the department a fee for each affected acre. 
3. The department shall establish the Farmland Protection Fund, referred to in this 
section as "the fund," as a nonlapsing interest-bearing fund within the department. The 
fund consists of fees collected by the department pursuant to subsections 1 and 2. Unless 
otherwise provided for, any funds remaining in the fund at the conclusion of the pilot 
project lapse to the General Fund. 
4. 
The department shall purchase limited-term deed restnctIOn covenants from 
farmers who agree to not develop the encumbered acreage during the contract period. 
The department shall establish a mechanism for equitable valuation of the covenants 
based on actual real estate market conditions. The department shall establish criteria for 
eligibility for participation in this portion of the pilot program that address the following: 
A. Any limitations associated with the schedule of productive farmland soils; 
B. A limit on the percentage of timberland eligible for participation; 
C. A test offarm enterprise and economic viability; and 
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D. A mechanism to target purchases in geographic areas identified by the department 
as being at risk due to nonagricultural land development pressures; and be it further 
Sec. 4. Initial report. Resolved: That the Commissioner of Agriculture, Food 
and Rural Resources shall report to the Joint Standing Committee on Agriculture, 
Conservation and Forestry no later than January 15, 2008 a description of the pilot 
program and the scope and status of the pilot program; and be it further 
Sec. 5. Annual reports. Resolved: That the Commissioner of Agriculture, Food 
and Rural Resources shall report annually for the duration of the pilot project to the joint 
standing committee of the Legislature having jurisdiction over agriculture matters. The 
report may include recommendations to the committee, including any legislation 
necessary to implement recommendations for expanding or for revising and expanding 
the pilot program. The committee may submit legislation to implement recommendations 
concerning the pilot program. 
SUMMARY 
This resolve directs the Department of Agriculture, Food and Rural Resources to 
develop a pilot program to discourage commercial and residential development outside of 
growth areas established by municipalities and to encourage farmers to defer 
development of actively productive farmlands through the purchase of limited-term deed 
restnctlOns. 
It requires the department to implement a pilot program and the 
Commissioner of Agriculture, Food and Rural Resources to report to the Joint Standing 
Committee on Agriculture, Conservation and Forestry annually for the duration of the 
pilot project.