An Act To Support Farms and Limit Sprawl
Maine Legislature, Session 123, LD 1414
Committee: Taxation
Sponsors: PIOTTI, MAREAN, PIEH, SHERMAN

Legislative Document 
No. 1414 
H.P.997 
House of Representatives, March 14,2007 
An Act To Support Farms and Limit Sprawl 
Reference to the Committee on Taxation suggested and ordered printed. 
Presented by Representative PIOTTI of Unity. 
17l~ 
/J7. 7l?1I£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: MAREAN of Hollis, PIEH of Bremen, Senator: SHERMAN 
of Aroostook. 
Pnnled nil recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA c. 2-C is enacted to read: 
CHAPTER 2-C 
VOLUNTARY MUNICIPAL FARM SUPPORT PROGRAM 
§60. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Farm support arrangement. 
"Farm support arrangement" means an 
arrangement that meets requirements established by the department by rule under which: 
A. The owner of qualified farmland grants to a municipality a qualified easement; 
and 
B. The municipality obligates itself to make farm support payments. 
2. Farm support payments. "Farm support payments" means annual payments by a 
municipality during the 30-year term of a qualified easement: 
A. 
In an amount equal to 100% of the annual property taxes assessed by that 
municipality against land and buildings subject to a qualified easement; and 
B. To the person against whom the property taxes are assessed. 
3. Qualified easement. "Qualified easement" means an agricultural conservation 
easement held by a municipality on qualified farmland in that municipality that: 
A. Meets standards adopted by rule by the department designed to ensure that no 
development other than development related to agricultural use occurs on the 
qualified farmland; and 
B. Is limited to a term of 30 years. 
4. Qualified farmland. "Qualified farmland" means farmland that meets eligibility 
requirements established by the department by rule. 
§60-A. Program established 
1. Program. In order to protect and support local farms, preserve farmland and 
reduce the potential tax burdens from new development, a municipality may enter into 
farm support arrangements with the owners of qualified farmland. 
A. 
A farm support arrangement must be approved by majority vote of the 
municipality's legislative body. 
B. 
Unless approved by a 2/3 vote of the municipality's legislative body, the 
municipality may not enter into farm support arrangements: 
(I) Affecting more than 3% of the total taxable land in the municipality; and 
(2) In any calendar year, affecting more than 1 % of the total taxable land in the 
municipality. 
2. Effects of arrangement. A farm support arrangement may not diminish the 
eligibility of qualified farmland for participation in tax benefits under Title 36, chapter 
105, subchapter 2-A or 10 or for consideration under Title 5, Part 15-A by the Land for 
Maine's Future Board. 
3. Nullification. A farm support arrangement, once finally executed, is binding on 
the municipality. A municipality may not cease to make payments under the arrangement 
unless the land subject to the qualified easement is taken by eminent domain or state law 
II 
otherwise authorizes the payments to cease. In the event that a municipality's obligation 
to make farm support payments ceases, the farm support arrangement and the related 
qualified easement are nullified and are void and of no effect and the municipality shall 
provide notice of this fact to the owner of the qual ified farmland and record that notice 
IS 
with the appropriate registry of deeds. 
4. Rules. The department shall adopt rules governing farm support arrangements. 
Rules adopted under this subsection are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill allows a municipality to enter into arrangements under which the 
municipality obligates itself to make farm support payments equal to property taxes to the 
owner of qualified farmland and the owner of that farmland grants to the municipality a 
limited 30-year easement protecting the farmland from development. The bill directs the 
Department of Agriculture, Food and Rural Resources to adopt major substantive rules 
governing such arrangements.