An Act To Implement the Recommendations of the Commission To Study the Protection of Farms and Farmland
Maine Legislature, Session 124, LD 1133
Committee Amendment CA_A_S274 (Senate)

COMMITTEE AMENDMENT "4,, to S.P. 424, L.D. 1133, Bill, "An Act To 
Implement the Recommendations of the Commission To Study the Protection of Farms 
and Farmland" 
Amend the bill in Part A in section 1 in § 162 in subsection 4 in the last line (page 1, 
line 38 in L.D.) by inserting after the following: "farm." the following: 'Rules adopted 
under this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the bill in Part A by in section 2 by striking out all of § 163 (page 2, lines 4 to 
and page 3, lines 1 to 8 in L.D.) and inserting the following: 
'§163. 
Pilot program for establishing agricultural districts and agriculture 
enhancement groups 
The commissioner may establish a pilot program to examine the effectiveness of 
agricultural districts in keeping farmland in agricultural production and enhancing the 
profitability of fanning. 
For the purposes of this section, "pilot program" means an 
agricultural districts program that allows farmers to propose that the department designate 
their farmland as an agricultural district where commercial agriculture is encouraged and 
farmland protected through collaborative efforts at the state and local level. 
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 cOl'nposed of 3 or more farms that are located In geographic proximity to each other, 
produce similar types of agricultural products or share common marketing interests. 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. Benefits. The commissioner shall review benefits accruing to participants in 
agricultural districts in other states. 
Prior to initiating the 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 
Page) - 124LR1894(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "tr" to S.P. 424, L.D. 1133 
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. 
3. Selectio'n of regions. 
The commissioner shall distribute a description of the 
purpose and potential benefits of forming an agricultural district. Distribution may be 
through public agencies and private organizations that have regular contact with farmers 
in the State. The description must be posted on the department's publicly accessible 
website. 
The description notice must include information on how to contact the 
department to express interest in learning more about or participating in an agricultural 
district. 
Based on the response to the initial solicitation, the commissioner may designate one or 
more districts. 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 efforts to protect farmland in the proposed districts. 
If more than one district is designated for the pilot program, the commissiorier shall strive 
to select districts in different parts of the State or different sectors of the State's 
agricultural economy.' 
Amend the bill in Part A in section 3 in the 2nd paragraph in the first and 2nd lines 
(page 3, lines 17 and 18 in L.D.) by striking out the following: 
"Joint Standing 
Committee on Agriculture, Conservation and Forestry no later than February 1, 2010" 
and inserting the following: 
'joint standing committee of the Legislature having' 
jurisdiction over agriculture, conservation and forestry matters no later than February 1, 
2011' 
Amend the bill in Part A in section4 in the first paragraph in the 2nd and 3rd lines 
(page 3, lines 25 and 26 in L.D.) by striking out the following: 
"Joint Standing 
Committee on Agriculture, Conservation and Forestry no later than February 15,2010" 
and inserting the following: 
Joint standing committee of the Legislature having 
jurisdiction over agriculture, conservation and forestry matters no later than February 15, 
2011' 
Amend the bill in Part A in section 5 in the 7th and 8th lines (page 3, lines 39 and 40 
in L.D.) by striking out the following: 
"activity and" and inserting the following: 
'activity. The department' 
Amend the bill by striking out all of Part B. 
Amend the bill in Part C in section 1 in the indented paragraph by striking out all of 
the last 2 underlined sentences (page 6, lines 33 to 37 in L.D.) and inserting the 
following: 'The right of eminent domain may not be exercised without prior review by 
the joint standing committee of the Legislature having jurisdiction over conservation 
matters.' 
Amend the bill in Part C in section 2 by striking out all of the indented paragraph' 
(page 7, lines 1 to 14 in L.D.) and inserting the following: 
'For the purpose of establishing, preserving or enhancing corridors for use for open 
space or recreation, the director may acquire with the consent of the Governor and the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 424, L.D. 1133 
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 without prior review by the joint standing committee of the Legislature 
having jurisdiction over conservation matters. When railroad rights-of-way or interests in 
railroad rights-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 these acquisitions, the term "owner" as used in this section means the person holding 
the dominant 'fights 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. ' 
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Amend the bill in Part C in section 3 by striking out all of the indented paragraph 
(page 7, lines 17 to 27 in L.D.) and inserting the following: 
'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 connecting trail right-of-
way across such lands; however, not more than 25 acres in anyone mile may be acquired 
without consent 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 or other interests in land. The right of eminent domain may not be exercised 
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without prior review by the joint standing committee of the Legislature having 
jurisdiction over conservation matters.' 
Amend the bill in Part C by striking out all of sections 4 and 5. 
Amend the bill in Part D in section I in ,subsection 2-B in paragraph A in the last line 
(page 8, line 25 in L.D.) by striking out the following: nand" and inserting the following: 
'or' 
Amend the bill in Part D in section I in subsection 2-B in paragraph B in the first line 
(page 8, line 26 in L.D.) by striking out the following: 
"or capable of use without 
substantial modification" 
Amend the bill in Part D in section 3 in the 5th line (page 8, line 36 in L.D.) by 
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striking out the following: "develop a model ordinance for farmland preservation that is 
made available" and inserting the following: 'provide examples ofthese provisions' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment modifies the provisions for a pilot project on the formation of 
agricultural districts. It extends the report back date to February 20 II. It allows 3 or 
more farms to request designation as an agricultural district if the farms are located in 
geographic proximity to one another, produce similar types of agricultural products or 
share common marketing interests. It requires only the Department of Agriculture, Food 
and Rural Resources to make recommendations on estate taxes. It removes Part B from 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" It" to S.P. 424, L.D. 1133 
the bill, which provided for impact assessment and mitigation on state-funded or federally 
funded projects with the potential to convert or diminish farmland. 
It changes the provisions regarding the use of eminent domain by the Department of 
Conservation, Bureau of Parks and Lands, allowing eminent domain to be used only after 
legislative review. 
It changes the requirement that the Executive Department, State 
Planning Office and the Department of Agriculture, Food and Rural Resources develop a 
model ordinance for farmland protection to a directive that they provide municipal and 
regional planning committees with examples of provisions to protect farmland. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: OS/24/09 frac:.. 
LD 1133 
LR 1894(02) 
An Act To Implement the Recommendations of the Commission To Study the Protection of Farms and 
Farmland 
Fiscal Note for Bill as Amended by Committee Amendment ,A, 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund . 
Fiscal Detail and Notes 
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Additional costs to the Department of Agriculture, Food and Rural Resources, the Department of Environmental 
Protection, the State Planning Office and Maine Revenue Services can be absorbed within existing budgeted 
resources. 
LR 1894(02) - F:iscal Note - Page 1 of 1