An Act To Implement the Recommendations of the Commission To Study the Protection of Farms and Farmland
Maine Legislature, Session 124, LD 1133
Committee: Agriculture, Conservation and Forestry
Amends: 7 MRSA §162, 7 MRSA §163, 38 MRSA §483-B, 12 MRSA §1812, 12 MRSA §1813, 12 MRSA §1892, 12 MRSA §10109, 30-A MRSA §4401, 30-A MRSA §4404

MAINE STATE LEGISLATURE 
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·124th MAINE LEGISLATURE 
Legislative Document 
No. 1133 
S.P.424 
In Senate, March 25,2009 
An Act To Implement the Recommendations of the Commission To 
Study the Protection of Farms and Farmland 
Reported by Senator NUTTING of Androscoggin for the Joint Standing Committee on 
Agriculture,Conservation and Forestry pursuant to Public Law 2007, chapter 649, section 11, 
subsection 6. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed under Joint Rule 218. 
Printed on recycled paper 
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JOY J. O~BRlEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-l. 7 MRSA §162 is enacted to read: 
§162: Designation of "Farming for Maine" farms 
The commissioner shall establish a process for designating "Farming for Maine'" 
farms. This desigliation provides farmers an opportunity to declare their 'commitment to 
commercial agriculture and to increase public awareness offarming in the State. 
1. Application. An applicant for designation as a "Fanning for Maine" farm shall 
submit a completed application that has been verified in accordance with subsection 3 to 
the clerk for the municipality in which the farm is located and a copy of the application to 
the department. If the land is within an area under the jurisdiction of the Maine Land Use 
Regulation Commission, the -applicant shall submit the verified application to, the 
executive director of the commission and a copy to the depat1ment. The department shall , 
develop an application fonn and make the form available'through the offices of the soil -
and water conservation distriets and private organizations and public agencies that 
support or represent farmers in the State. 
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2. Eligibility. A farm is eligible for designation under this section if the following 
criteria are met: 
A. The farm consists of land classified as prime farmland, land of statewide or local' 
importance or unique farmland by the'Natural Resources Conservation Service within 
the United States Department of Agriculture: - In counties where -land of local 
imp0I1ance has not been identified, land that is actively farmed may be eligible as 
provided in rules adopted under sllbsection 4; 
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B. The land is used for the commercial production of agricultural products; and' 
C. Additional criteria established in rules adopted under subsection 4. 
A farm that is farmed under a lease may be designated as long as the landowner and the 
lessee sign the application. 
3. Verification of eligibility. An applicant for designation as a "Farming for Maine" 
fami shall submit a completed application form together with support materials as 
required in rules adopted under subsection 4 to a soil and water conservation district 
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office. Upon receipt of an application, a district office shall verify the eligibility of the 
fann or noti'fy the applicant of the reasons why verification is denied. Upon request, the 
department shall assist it district in determining eligibility. 
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4.' Rules; recognition. The commissioner may adopt rules to further define the 
verification process and establish additional eligibility criteria as needed for design'ation 
of "Farming for Maine" fanns. The commissioner shall provide signs or ,certificates or 
develop other means of recognizing a farm that has attained designation as a "Fanning for 
Maine" fann. 
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5. Fee. A municipality may charge a fee of not more than $20 for filing a verified 
designation application under this section. 
Sec.-A-2. 7 MRSA §163 is enacted to read: 
§163. 
Pilot program for establishing' agricultural districts and agriculture 
enhancement groups 
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The commiSSIOner may establish a pilot program to examine the effectiveness of 
agricultural districts in keeping fannland in agricultural production and enhancing the 
. profitability of farming. 
For the purposes' of this section, "an agricultural districts 
program" isa program that allows farmers to propose that the department designate their 
farmland as a geographic area where commercial agriculture is encouraged and farmiand 
protected through collaborative efforts at the state and locallevel. 
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The commiSSioner may also facilitate the voluntary formation of shared interest 
affiliations to more efficiently access business and marketing information and assistance. 
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, 1. Eligibility criteria for agricultural districts. In order to be eligible to participate 
in the pilot program, farms must form agricultural districts. An agricultural district must 
be composed of 3 or more farms that experience similar production and marketing 
opportunities and constraints due to i'egional characteristies such' as climate, soils, the 
availability of affordable farmland, infrastructure and access to services and markets. 
The commissioner shall review eligibility criteria for participants in agricultural districts 
in other states and may develop additional criteria for participation with the pilot 
program, including, but not limited, to minimum acreage and farm income thresholds. 
2. 
Formation of agriculture enhancement groups. The commiSSIOner may 
promote the formation of agriculture enhancement groups based. on challenges and 
opportunities shared by 3 or more farmers dlie to the agricultural products being produced 
6r other interests shared by the farm enterprises comprising the group. The commissioner 
shall offer assistance to these groups as resou'rces allow. 
3. 
Benefits. The commissioner shall review benefits accruing to paliicipants in 
agricultural districts ill other states. Prior to initiating a pilot program, the commissioner 
shall develop a description of potential benefits accruing to participants in a pilot 
program. 
Potential benefits may include, but are not limited to, scoring bonuses for 
competitive grants, loans or business assistance programs and for project proposals 
screened for submission to the Land for Maine's Future Fund under Title 5, section 6203. 
The commissioner shall consult with other agencies administering programs affected by 
the proposed benefits. 
4. Selection of regions. 
The commissioner shall distribute a description of the 
purpose and potential benefits of fornling an agricultural district. Distribution rimy be 
through public agencies and private organizations that have regular contact with farmers 
in the State. The description must be posted on the depmiment's publicly accessible' 
website. 
The description notice must include information on how to contact the 
depaliment to express interest in learning rriore about or paliicipating in' an agricultural 
,district. 
Based on the response to the initial solicitation, the commissioner may select one or more 
regions in which to develop an agricultural distdct. . Prior to makIng a selection, the 
commissioner shall communicate with local or regional planning commissions and state, 
local or regional land trusts to ascertain their willingness to participate in eff0l1s to 
protect farmland in the region. 
. If more than one region is selected to paJ1icipate in the pilot program, the commissioner 
shall strive to select regions in different parts of the State and I;epresenting different 
sectors of the State's agricultural economy. 
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Sec. A-3. Duties of the Commissioner of Agriculture, JF.ood and Rural 
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Resources with regard to the designation of "JFar·ming for Maine" farins. The 
Commissioner of Agriculture, Food and Rural Resources shall send a letter to municipal 
officials explaining the purpose of designating "Farming for Maine" farms under the 
Maine Revised Statutes, Title 7, section 162. The commissioner, in consultati9n with the 
Executive Department, State Planning Office, simi) communicate ways that a 
municipality could use the record of designations to assist local planning boards and to 
solicit farmers' input in. land use planning discussions. 
The commIssIoner shall rep0l1 to the Joint Standing Committee 01} Agriculture, 
Conservation and Forestry no later than February 15, 2010 on the deveIopmentof any 
additional eligibility criteria, the number offarmers seeking designation as a "Farming for 
Maine" farm, overall interest in the designation program and regions displaying the most 
interest. . The commissioner shall· present the committee .. with recommendations to 
increase participation, including possible incentives and an estimate of the cost to 
implement any ofthe commissioner's recommendations .. 
Sec. A-4. Report on pilot program. The Commissioner of Agriculture, Food 
and Rural Resources shall i'eport to the Joint Standing Committee on Agriculture, 
Conservation and Forestry no later than February 15, 2010 on any progress made in 
initiating a pilot program to examine the effectiveness of agricultural districts 1.mder the 
Maine Revised Statutes, Title 7, section 163. 
The commissioner shall summarize 
discussions on appropriate eligibility criteria and benefits for an agricultural districts 
program and the names and affiliations of people participating in these discussions. The 
commissioner shall provide an estimate of the resources needed to proceed with a pilot 
program if one has not been undertaken. 
Sec. A-S. Monitoring federal estate tax changes. Beginnirig in calendar year 
2009, the Department of Agriculture, Food and Rural Resources and the State Tax 
Assessor shall jointly monitor changes in the federal estate tax on an anriual basis and 
identify the impact of the tax provisions on the preservation of farmland in the State. By· 
January 15th of each year beginning in 2010, the department and the assessor shall . 
provide the joint standing committees of the Legislature having jurisdiction over 
agricultural matters and taxation matters with a written update of their monitoring activity 
and may make recommendations for changes to the State's estate tax that will facilitate 
the preservation of farmland. The joint standing committee of the Legislature having 
jurisdiction over taxation matters-may introduce legislation related to this review. 
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PARTB 
Sec. B-1. 7 MRS A §164 is enacted to read: 
§164. Farmland Preservation Fund . 
1. Fund established. The Farmland Preservation Fund, referred to in this section as 
"the· fund," is established as an interest-bearing account within the department and 
administered by the commissioner. The fund does not lapse and must be held separate 
from all other accounts. Any balance remaining in the fund at the end of the fiscal year 
must be. carried forward. The fund receives deposits under Title 38, section 480-0-1, 
subs·ection 6. The commissioner may accept contributions from ~my private or public 
source for the purposes identified in subsection 2 and shaH deposit such contributions into· 
the fund.· 
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2. Use of fund proceeds .. Money deposited into the fund and the earnings on that 
money must be used to; acquire farmland or interest in farmland determined to be 
significant for maintaining an agricultural land base. The commissioner shall develop 
. criteria for evaluating potential acquisitions. 
Money from the fund may be used in 
conjunction with the Land for Maine's Future Fund established under Title 5, section 
6203 to acquire farmland or interest in farmland. 
Sec. B-2. 38 MRS A §480-D-l is enacted to read: 
§480':D-1. Standards and requirements for activities and development undertaken 
with state ur federal funding and potentially impacting farmland 
1. Definition. As used. in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Farmland" means a parcel consisting of 5 or more acres of land that is: 
(l) Classified as prime farmland, unique farmland or farmland of statewide or 
local importance by the Natural Resources Conservation Service within the 
United States Department of Agriculture; and 
(2) Used or capable of use without substantial modification for the production of . 
agricultural products as defined in Title 7, section 152, subsection 2. 
B. 
"Mitigation" means any action taken or not taken to avoid, minimize, rectify, 
reduce, eliminate or compensate for any actual or potential adverse impact on 
farmland. 
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2. 
Activities subject to additional requirements. 
An activity or development 
requiring a permit under this aJiicle or approval under article 6 is subject to additional 
standards and processing requirements under this section if: 
A. The activity or development is pali of a project partially or fully funded with state 
or federal money; and 
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B. 
The activity or development has the potential to conveJi farmland to a. 
nonag"ricultural use or diminish the value offarmland for agricultural production. 
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3. Additional application materials. An applicant for a permit or approval subject 
to subsection 2 shall submit with the application a map indicating the soils classification 
for the area within and adjacent to the project's boundaries and any additional information 
required under rules adopted pursuant to subsection 7. 
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. . 4. Review by the Department of Agriculture, Food and Rural Resources. Upon 
receipt of an application subject to this section, the department shall send a copy of the 
application and any supporting materials to the Department of Agriculture, Food and 
Rural Resources. The Department of-Agriculture, Food and Rural Resources shall review 
the application materIals and may consult with any state or federal agency to assess the 
potential impact of the proposed project on farmland. Within 30 days of receiving the 
application materials, the Commissioner of Agriculture. Food and Rural Resources shall 
provide the department with the assessment. 
If no significant impact on farmland is foreseen, the department may issue a permit for or 
approve. the proposed activity or development without further input" from the Department 
of Agriculture, Food and Rural Resources. 
If the Commissioner of Agriculture, Food and Rural Resources determines that the 
proposed activity or development is likely to significantly impact farmland. the 
Commissioner of Agriculture. Food and Rural Resources shall advise the department of 
the time needed to complete a more detailed land evaluation and site assessment under 
subsection 5. 
.. Impact assessment. Notwithstanding any other provision of law, when the 
Commissioner of Agriculture. Food and Rural Resources determines that a proposed 
activity or deveiopment is likely to significantly impact farmland. the department may not' 
issue a permit or grant approval for the activity or development until an impact 
assessment has been completed. 
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The Commissioner of Agriculture. Food and Rural Resources. working with the Natural 
Resources Conservation Service within the United States Department of Agriculture. 
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shall· develop and periodiCally revise land evaluation and site assessment tools 
appropriate for determining the relative agricultural importance of farmland and to 
provide an objective basis on which a permit or approval can be issued. denied or issued 
with mitigation requirements. 
6. Mitigation; fund. When mitigation with respect to an application subject to this 
section requires a monetary compensation for any actual or potential adverse impact on 
farmland, the department shall collect the determined amount from the applicant and 
deposit it into the Farmland Preservation Fund established in Title 7, section 164. 
7. Rules .. The commissioner, in consultation with Commissioner of Agriculture, 
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Food and Rural Resources, shall adopt rules necessary to implement this section. 
including. but not limited to. establishing additional materials to be included with an 
application, a scoring system for assessing impact of farmland and mitigation options. 
Rules adopted under this subsection are routine technical rules as defined in Title 5, 
chapter 375. subchapter 2-A. 
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8. Relationship to other provisions. Cranberry cultivation activities eligible for a 
general permit under section 480-U are exempt from this section. Creation of agricultural 
irrigation ponds eligible for a general permit under section 480-Yare exempt from this 
section. 
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Sec. B-3. 38 MRSA §483-B is enacted to read: 
§483-B. Standards and requirements for development undertake~ with state or 
federal funding and potentially impacting farmland 
In addition to meeting the standards under section 484, approval of development 
under this article is subject to section 480-0-1. 
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Sec. B-4 .. Directive to the State Board of Education to amend rules for 
De,,' school siting approval. The State "Board of :education shall amend the rule 
governing new school siting approval authorized under Public Law 1999, chapter 776, 
section 21 and adopted as Department of Education Ru.Ie 05-071, Chapter 60 to require 
consideration of any proposed conversion of farmland or impact on farmland adjacent to 
the proposed site. Notwithstanding Public Law 1999, chapter 776, section 21 and the 
Maine Revised Statutes, Title 5, section 8072, subsection 3, the amendment provisionally 
adopted under this section must be reviewed by the joint standing committees of the 
Legislature having jurisdiction over agricultural matters and education matters. 
PART C 
Sec. C-l. 12 MRSA §1812, first <if, as amended by PL 2001, c. 466, §3, is further 
amended to read: 
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With the consent of the Governor and the commissioner, the director may acquire on 
behalf of. the State land or any ,interests in land within this State, with or without 
improvements, by purchase; gift or eminent domain for purposes of holding and 
managing the same as parks or historic sites. When acquiring land or interest in land, the 
director shall examine options for obtaining public vehicular access r.ights to the land. If 
. an acquisition is . made that does not include guaranteed public vehicular access, the 
director shall describe the acquisition in the report required under section 1817 and the 
justification for that acquisition.' The right of eminent domain may not be exercised to 
take any area or areas for anyone park that singly or collectively exceed 200 acres, nor 
may it be exercised to take any developed or undeveloped mill site or water power 
'privilege in whole or in part or any land used or useful in connection therewith or any 
land being used for an industrial enterprise. The right of eminent domain may not be 
exercised to acqu{re farmland or interest in farmland for the purpose of recreational use or 
securing aesthetic or therapeutic benefits for the public. For the purposes of this section, 
. fjfarmland" means'land that is used for the commercial production of agricultural products 
as defined in Title 7, section 152, subsection 2. 
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Sec. C-2. 12 MRSA §1813, first -,r, as enacted by PL 1997, c. 678; § 13, IS 
amended to read: 
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For the purpose of establishing, preserving or enhancing corridors for use for open 
space or recreation, the director may acquire with the cons~nt of the Governor and the 
commissioner, by license, lease, purchase, gift or eminent domain, railroad rights-of-way 
upon which rail service is no longer operated except that the right of eminent domain may 
not· be exercised to acquire farmland or interest in· farmland for the purpose of 
recreational use or securing aesthetic or therapeutic benefits· for the public. 
When 
railroad rights-of-way or interests in railroadrights-of-way are taken by eminent domain, 
the proceedings must be in accordance with this section and are not subject to Title 35-A, 
chapter 65. For purposes of th_ese acquisitions, the term "owner" as used in this section 
means the person holding the dominant rights in the property immediately prior to the 
termination .of the operation· of rail service and that person's successors and assigns. 
Acquisitions pursuant to this subsection are not subject to any.limitation in acreage. For 
the purposes of this section, "farmland!'· means land that is used for the commercial 
production of agricultural products as defined in Title .7, section .152, subsection 2. 
Sec. C-3. 12 MRSA §1892, 2nd " as enacted by PL 1997, c. 678, §13, IS 
amended to read: 
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If all reasonable 'efforts to acquire lands or interests therein by negotiation have failed 
and public exigency requires it, the director, with the consent of the Governor and the 
commissioner, may utilize the power of eminent domain to acquire any land determined 
necessary to provide passage via the most direct or practicable connectirig trail right-of-
way across such lands; however, not more than 25 acres in anyone mile may be acquired 
. without· ~onsent of the owner and that owner and adjacent landowners may not be 
precluded from using motorized vehicles across such trails to maintain reasonable access 
. to their fee Qr other interests in land. The right of eminent domain may not be exercised to 
acquire farmland or· interest in farmland under this section. For the purposes of this 
section, "farmland" means land that is used for the commercial production of agricultural 
products as defined in Title 7, section 152, subsection 2. 
Sec. C-4. 12 MRSA §lOl09, sub-§l, .as affected by PL 2003, c. 614, §9 and· 
amended by c. 655, Pt. 8, §31 and affected by §422, is further a.mended to read: 
1. Acquisition of land; wildlife management and public access. +he Except as 
. provided in subsection 5, the commissioner may acquire property pursuant to ·this 
subsection for fish hatchery or fish. feeding stations or wildlife management areas or 
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public access sites .. 
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The commissioner may acquire in the nallie of the State, by gift, bequest or 
otherwise, real and' personal property for the location, construction and conven ient 
.. operation of a fish hatchery or fish feeding station or a wildlife management area or 
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public access sites to. inland or coastal waters.· When acquiring land or interest in 
land for a wildlife management area or for a public access site, the commissioner 
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shall examine options for obtaining public vehicular access rights to the land. If an 
acquisition is made that does not include guaranteed public vehicular access, the 
commissioner shall describe the acquisition in the annual repOIi·submitted pursuant to 
section 10103, subsection 11 and the justification for that acquisition. 
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B. The commissioner may purchase, lease or take and hold,. for and on behalf of the 
State as for public uses, land and all materials in and upon it or any rights necessary 
for the purpose of establishing, erecting and operating fish hatcheries or fish feeding 
stations or wildlife management areas or public access sites to inland or coastal 
waters. 
C. When the commissioner finds that a public need requires the taking of any land or 
rights for'the purposes set out in this subsection, the cOlTllnissioner shall cause the 
land or rights to be surveyed, located and described so that the land or rights can be 
located. 
D. A plan of the land or rights must be filed and recorded in the registry of deeds 
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where the land or rights are located. 
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E. The fiiing of the plan and description vests the title to the land and right in the 
State or its grantees, to be held at the pleasure of the State. 
Sec. c-s. 12 MRSA §10109, sub-§5 is enacted to read: 
5. Acquisition of farmland .. The right of eminent domain may not be exercised to 
acquire farmland or interest in farmland under this section. For the purposes of this 
section, "farmland" means land that is used for the commercial production of agricultural 
products as defined in Title 7, section 152, subsection 2. 
PARTD 
Sec. D-l. 30-A MRSA §4401, sub-§2-B is enacted'to read: 
2-B. Farmland. "Farmland" means a parcel consisting of 5 or more acres of land 
that is: 
A. Classified as prime fannland, unique farmland or farmland of statewide or local 
importance by the Natural Resources Conservation Service within the United States 
Depal1ment of Agriculture; and 
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B. Used o'rcapable of use without substantial modification for the production of 
agricultural products as defined in Title 7, section 152, subsection 2. 
Sec. D-2. 30-A MRSA §4404, sub-§14-A is enacted to read: 
14-A. Farmland. All farmland within the proposed subdivision has been identified 
on 'maps submitted as part of the application. Any mapping of farmland may be done with 
the help of the local soil and water conservation district; 
Sec. D-3. The State Planning Office and the Department of Agriculture, 
Food and Rural Resources develop a model ordinance. 
The Executive 
Department, State Planning Office and the· Department of Agriculture, Food and Rural 
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Resources shall review existing municipal ordinances intended to protect farmland and 
develop a model ordinance for farmland preservation that is made available to municipal 
and regional planning committees. The Director of the State Planning Office and the 
Comm!ssioner of Agriculture, Food'and Rural Resources shall report on their progress 
and outcomes to the Joint Standing Committee on Agriculture, Conservation.and Forestry 
by December f, 2009. 
SUMMARY 
This bill is submitted by the Joint Standing Committee on Agriculture, Conservation 
and Forestry pursuant to Public Law 2007, chapter 649, section 11, subs~ction 6. This bill 
implements the recommendations of the Commission To Study the Protection of Farms 
.and Farmland. 
Part A establishes a process for the voluntary designation of· farms as "Farming for. 
Maine" farms. It requires the Commissioner of Agriculture, Food and Rural Resources to 
repolj to the Joint Standing Committee on Agdculture, Conservation and Forestry on 
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activity related to and interest in the designation of "Farming for Maine" farms. 
Part A authorizes the Commissioner of Agriculture, Food and Rural Resources to 
develop and initiate a pilot program to examine the effectiveness of agricultural districts 
in maintaining a land base for farming and enhancing the profitability of farms. It also 
authorizes the commissioner 'to facilitate the formation of agriculture enhancement 
groups. 
Part A requires the Department of Agriculture, Food and Rural Resources and the 
State Tax Assessor to jointly monitor changes to the federal estate tax on an annual basis 
and make recommendations to the Legislature regarding Maine's estate tax that will 
facilitate the preservation of farmland. 
Part B requires· projects and development subject to review and approval under the 
Maine Revised Statutes, -Title 38, chapter 3, aIiicle 5-A or aliicle 6 to also be reviewed 
for impac't on farmland when the project or development is funded in whole or in pali 
with federal or state funds. This bill directs the State Board of Education to amend the 
Department of Education's rule governing the siting of new schools to require 
consideration of farmland in siting decisions. ltestablishes a fund within the Depaliment 
of Agriculture, Food and Rural Resources to receive any mitigation fees assessed and to 
be used to acquire farmland or interest in farmland. 
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Pali C pr.ohibits the use of eminent doma.in to acquire farmland for recreational 
purposes or for securing aesthetic or therapeutic benefits for the public. 
Part 0 directs the Executive DepaIill)ent, State Planning Office and the Depaliment 
of Agriculture, Food and Rural Resources to review existing farmland protection 
ordinances in order to develop a model ordinance to be made available to municipal and 
regional planning committees. 
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