An Act To Authorize the Registration of Fannland in 2012 and 2013
Maine Legislature, Session 125, LD 1649
Committee Amendment CA_A_S500 (Senate)
Amends: 7 MRSA §52, 7 MRSA §53-A, 7 MRSA §53-B, 7 MRSA §53-E, 7 MRSA §53-F, 7 MRSA §53-G, 7 MRSA §53-H, 7 MRSA §54, 7 MRSA §55, 7 MRSA §56, 7 MRSA §57, 7 MRSA §58, 12 MRSA §6-A

COMMITTEE AMENDMENT" A" to S.P. 548, L.D. 1649, Bill, "An Act To 
Authorize the Registration of Fannland in 2012 and 2013" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Authorize the Registration of Farmland' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have detennined it necessary to enact this measure. 
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 agricultural production capacity is vital to rural economies; 
and 
Whereas, conflict may arise from siting nonfann development adjacent to farmland; 
and 
Whereas, this legislation will reduce potential conflict by alerting buyers when they 
are purchasing property abutting fannland; 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, 
Be it enacted by the People of the State of Maine as follows: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 548, L.D. 1649 
Sec. 1. 7 MRSA §52, sub-§l, as enacted by PL 1989, c. 478, §1, is amended to 
read: 
1. Abutting land. "Abutting land" means real estate wffieh that shares a common 
boundary, or portion of a boundary, with land that is held in common ownership with 
land registered or being considered for registration under this chapter when the abutting 
real estate is within +00 50 feet of the land registered or being considered for registration. 
Abutting land includes, but is not limited to, land separated by a road and within +00 50 
feet of land that is held in common ownership with land registered or being considered 
for registration under this chapter. 
Sec. 2. 7 MRSA §52, sub-§3-A, as enacted by PL 2007, c. 649, §2, is amended to 
read: 
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, Christmas trees and other similar 
products. 
Sec. 3. 7 MRSA §52, sub-§4, as enacted by PL 1989, c. 478, § 1, is amended to 
read: 
4. Farmland. "Farmland" means any tract or tracts of land used for commercial 
farming: 
A. That consists of 5 or more contiguous acres; 
B. That has produced a gross ifleome averagiflg flO less thaa $300 per aere for 3 or 
more of the previol:ls 6 ealefldar years annual farming income of at least $2,000 per 
year from the sales value of farm products in one of the 2, or 3 of the 5, calendar 
years preceding the date of application for registration under this chapter; and 
C. -Where 1::lse of agricl:llrural chemieals has oecWTed; aad 
D. That iflcll:ldes oflly the ~ land on which the crop a farm product is produced. 
"Farmland" does not include land used for woodlots, Christmas tree prodlietiofl, homes, 
farm buildings, roads, past1::lres, lawns or any area covered with noncrop vegetation that 
borders abutting land. 
Sec.4. 7 MRSA §52, sub-§6 is enacted to read: 
6. Incompatible use. "Incompatible use" means the development or use of abutting 
land for a well, drinking water spring or water supply intake point when that use is 
initiated on abutting land that is within 50 feet of farmland after that farmland has been 
registered under this chapter. 
Sec. 5. 7 MRSA §53-A, as enacted by PL 1989, c. 478, §1, is amended to read: 
§53-A. Eligibility 
Any owner who intends to register land as farmland pursuant to section 53-B shall: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 548, L.D. 1649 
1. Application. Submit an application for review by the soil and water conservation 
district in which the land is located in accordance with the provisions of Title 12, section 
6-A. 
OVlAers of land ffi\:ISt apply for revie',v by MarCH 1 st of tlle year in WHiCH 
registration is desired. The owner shall use an application provided by the department; 
and 
2. Notice of intent. Give notice of intent to register to all abutting landowners, as 
indicated on municipal or state tax records, by May 15th of the year in ,;vhich registration 
is desired a minimum of 15 days prior to submitting registration materials under section 
53-B or 53-I. Abutters shall must be notified on a form provided by the departmentt-and~ 
J. Farm and Open Spaee Tax Law. Only register land classified as farmland \:Inder 
tHe Parm and Open Space Tax Law, Title 36, chapter 105, s\:Ibchapter X. 
Sec. 6. 7 MRSA §53-B, as enacted by PL 1989, c. 478, § 1, is amended to read: 
§53-B. Registration in 1990 and 1991 
An owner of land may register any designated portion of that land whieh that 
qualifies as farmland under this chapter as follows. 
1. Registration dates. Registration shall must occur between June 1st and June 15th 
of 1990 or 1991. 
2. 
Place of registration. 
Registration shall must occur in the office of the 
municipality in which the land is located. In the event there is no official municipal 
office, the registration shall must take place with the town assessor. In the event the 
farmland is located in the unorganized territory, the registration shall must take place in 
the office of the county in which the land is located. 
3. Effective date. A registration SHall take takes effect 15 days after receipt of 
notice by the municipality and abutting owners. If review proceedings are initiated under 
section 54~ the registration is effective when upheld by the municipality. 
4. Duration. A registration made under this chapter remains effectiye \:Inti) within 
the time frame provided under subsection 1 that has not been withdrawn in accordance 
with section 53-E remains in effect until April 1. 2013. To maintain registration under 
this chapter after April 1, 2013, a landowner must initially renew registration of the 
farmland in accordance with subsection 6 and every 5 years thereafter in accordance with 
section 53-I. subsection 4. 
5. Registry of deeds. A copy of the municipal or county registration and any 
withdrawal bearing the certification of a notary public that the copy is a true and accurate 
copy shall must be recorded in the registry of deeds of the county in which the registered 
farmland or any abutting property is located, and shall must be indexed in the Grantor 
index under the entry "Farmland" and filed under "F." 
6. Renewal. To renew a registration of farmland that was registered within the time 
frame provided under subsection 1, the landowner must submit to the department a copy 
of the notarized registration recorded with the registry of deeds under subsection 5 and 
comply with the renewal requirements under section 53-I, subsection 4. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 548, L.D. 1649 
A landowner who is unable to demonstrate compliance with all registration requirements 
under this section may apply for registration under section 53-1 but after April 1, 2013 is 
no longer protected from inconsistent development under section 56, subsection 1. 
8ec.7. 7 MR8A §53-C, as enacted by PL 1989, c. 478, §1, is amended to read: 
§53-C. Registration contents and purpose 
The purpose of a registration is to provide a public record of the existence of actively 
used farmland in order to assist public disclosure uflder sectiofl 55 and the setback of 
ifloompatible inconsistent development under section 56. 
A registration sflal.l must 
include: 
1. Landowner. The name and address of the landowner; 
2. C~rtification. Certification by the applicable soil and water conservation district 
that the land is farmland in accordance with the provisions of Title 12, section 6-A; 
J. Farm and open spaee elassifieation. Notioe from the IDUflioipaJ assessor that the 
land is classified Uflder Title 36, chapter 105, subchapter X; 
4. 
Crops. 
The types of farm products that are grown on the farmland to be 
registered; 
5. Acreage. The acreage of farmland to be registered; 
6. Ineome. The gross inoome of the farmlafld for each of the previous 6 years; 
7. Maps. A copy of the municipal tax map, where when available, and a statement 
of the tax parcel number or numbers whieh that include the land at issue and any other 
maps needed to clearly show the location of the land, including a depiction of the distance 
between crop producing areas producing farm products and any property boundary within 
feet for farmland registered within the time frame provided under section 53-B, 
subsection 1 and 50 feet for farmland registered pursuant to section 53-I; 
8. Deed. A copy of the registrant's deed; and 
9. Abutter. The names and addresses of each abutting landowner to whom notice is 
being sent pursuant to section 53-D. 
Records of registered farmland sflal.l must be maintained by each municipality and 
county registry of deeds in accordance with the provisions of this chapter. Registration 
sflal.l must be on forms provided by the department. 
Sec. 8. 7 MRSA §53-E, as enacted by PL 1989, c. 478, §1, is amended to read: 
§53-E. Withdrawal 
An owner of farmland shall withdraw from registration any farmland that no longer 
qualifies for registration under this chapter. 
An owner of registered farmland may 
withdraw farmland from registration at any time by filing a written notice of withdrawal 
in the office in which the farmland was registered and filing a notarized copy of the 
withdrawal notice for recording with the registry of deeds in the county or counties where 
the registration was recorded. 
Portions of a registered tract of farmland may be 
withdrawn. 
Withdrawal from registration under this chapter does not constitute 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 548, L.D. 1649 
withdrawal from classification under the Farm and Open Space Tax Law, Title 36, 
chapter 105, subchapter;X: 10. Any abutter sfla.l.t. must be notified in the manner provided 
in section 53-D using a form provided by the department. 
Sec.9. 7 MRSA §53-F, as enacted by PL 1989, c. 478, §1, is repealed. 
Sec. 10. 7 MRSA §53-G, as enacted by PL 1989, c. 478, §1, is repealed. 
Sec. 11. 7 MRSA §53-H, sub-§6 is enacted to read: 
6. Renewal. The department shall provide forms for renewal of farmland registered 
within the time frame provided under section 53-B, subsection 1 and forms for renewal of 
farmland registered pursuant to section 53-I. 
Sec. 12. 7 MRS A §53-1 is enacted to read: 
§53-I. Registration and renewal on or after July 1, 2012 
Beginning on July 1,2012, an owner ofland may register any designated portion of 
that land that qualifies as farmland under this chapter by filing the information required 
under section 53-C with the department and the appropriate registry of deeds in 
accordance with this section. 
1. Registry of deeds. Beginning on July 1, 2012, a landowner registering farmland 
under this chapter shall file a notarized copy of the completed registration form 
accompanied by the information required under section 53-C with the registry of deeds of 
the county or counties in which the registered farmland and any abutting property is 
located. 
2. Effective date. A registration is effective upon filing with the registry of deeds 
under subsection 1. 
3. Duration. A registration made under this chapter remains effective for 5 years 
from the effective date unless withdrawn earlier in accordance with section 53-E. 
4. Renewal. A landowner may renew a registration under this chapter for successive 
5-year periods. To renew a registration, a landowner must notify abutters as provided 
under section 53-A, subsection 2 and submit a completed renewal application for 
certification by the soil and water conservation district under Title 12, section 6-A. Upon 
receiving certification from the soil and water conservation district, the landowner must 
file a notarized copy of the renewed registration with the registry of deeds under 
subsection 1 and submit a copy to the department. 
When a landowner submits an 
application for renewal and a review under Title 12, section 6-A prior to a registration 
lapsing, the registration on that farmland remains in effect until the application for 
renewal is approved or denied. 
Sec. 13. 7 MRSA §54, sub-§5 is enacted to read: 
5. Order to withdraw. If the department or a municipality finds that farmland 
registered under this chapter is not eligible for registration, the department or 
municipality shall order the landowner to file for withdrawal under section 53-E. 
Sec. 14. 7 MRSA §55, as enacted by PL 1989, c. 478, §1, is repealed. 
Sec. 15. 7 MRSA §56, as enacted by PL 1989, c. 478, §l, is amended to read: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A "to S.P. 548, L.D. 1649 
§56. Prohibited acts 
1. Inconsistent development. Ne An owner of abutting land may not undertake or 
allow any inconsistent development upon or use of land within 100 feet of properly 
registered farmland that was properly registered within the time frame provided under 
section 53-B, subsection 1 and has been continuously and properly registered since the 
initial registration. 
l-A. Incompatible use. Except as provided in section 57, an owner of abutting land 
may not undertake or allow an incompatible use within 50 feet of farmland properly 
registered under section 53-I. 
2. Building permit. Except as provided in section 57, fle ~ municipality may not 
issue a building or use permit allowing any development whlsh or use that is prohibited 
under subsection 1 or I-A. 
3. Exemption. This section shall does not apply to: 
A. Any For land adjacent to farmland registered within the time frame provided 
under section 53-B, subsection 1, a lot or parcel of land whlsh that, together with any 
adjoining lot or parcel in the same ownership, was one acre or less in area as of 
January 1, 1988; 
A-I. For land adjacent to farmland registered pursuant to section 53-I, a lot or parcel 
of land that, together with any adjoining lot or parcel in the same ownership, was one 
acre or less in area as of January 1, 2012; 
B. Those subdivisions for which a completed application as described in former Title 
30, section 4956, subsection 2, paragraph C-1, or Title 30-A, section 4403, subsection 
3, has been filed or approved in the 2 years preceding the registration; or 
C. A lot on which inconsistent development or incompatible use has been allowed by 
permit granted by a state or local government in the 2 years preceding the 
registration. 
Sec. 16. 7 MRSA §57, as enacted by PL 1989, c. 478, §l, is amended to read: 
§57. Variance 
An owner of real estate may apply to the municipal zoning board of appeals or other 
municipal body hearing zoning appeals, or, in the case of areas within its jurisdiction, the 
Maine Land Use Regulation Commission, for a variance permitting an inconsistent 
development upon or incompatible use of land whlsh that is otherwise prohibited under 
section 56. Notwithstanding Title 30-A, section 4353, subsection 4, a variance may be 
issued if adherence to section 56 renders a parcel of land subdivided prior to registration 
of the farmland unusable for residential purposes. Any variance granted for such a 
purpose shall must be conditioned to provide the maximum feasible setback from the 
abutting registered farmland. 
Sec. 17. 7 MRSA §58, sub-§2, ~A, as enacted by PL 1989, c. 478, §1, is 
repealed. 
Sec. 18. 12 MRSA §6-A, as amended by PL 2007, c. 649, §6, is further amended 
to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 548, L.D. 1649 
§6-A. Farmland registration 
In addition to the powers assigned in section 6, a soil and water conservation district 
shall review applications for the registration of farmland pursuant to Title 7, chapter 2-B. 
The district shall, by majority vote of the supervisors, certify whether the land described 
in the application: 
1. Acreage. Consists of 5 or more contiguous acres; 
2. Farm products. Includes only land v/Here agrioultl:lral oHemioals, as defiHed iH 
Title 7, seotiof} 52, were used in the production of farm products, as defined in Title 7, 
section 52, subsection 3-A, in 3 or more of tHe previous 6 one of the 2, or 3 of the 5, 
calendar years preceding the date of application for registration under Title 7, chapter 
2-B; and 
3. Relationship to boundary established. Is within +00 50 feet of any property 
boundary and that the application includes a depiction of the distance between any erep-
prooooiHg area producing farm products under consideration and any property boundary 
within +00 50 feet that is sufficient to determine the impact of Title 7, section 56, 
subsection +, I-A on abutting land. 
4. Renewal. For farmland registered within the time frame provided under section 
53-B, subsection 1, continues to meet the eligibility requirements of Title 7, section 53-A 
that were in effect at the time the land was registered. 
A district shall complete its review under this section must be oompleted by May 1st 
of tHe oaleHdar year if} wHioH the applioatiof} is made within 60 days of receiving an 
application. 
Sec. 19. Directive to the Department of Agriculture, Food and Rural 
Resources. The Department of Agriculture, Food and Rural Resources shall revise 
forms and other materials to be provided under the Maine Revised Statutes, Title 7, 
section 53-H to accommodate the registration of farmland under Title 7, chapter 2-B. 
The department shall consult with the soil and water conservation districts on the process 
for review and certification of farmland under Title 12, section 6-A. If needed, the 
department may submit legislation to revise requirements and implement an efficient 
process for the registration of farmland. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect July 1,2012.' 
SUMMARY 
This amendment adds a mandate preamble. The amendment allows a landowner to 
register farmland on an ongoing basis beginning on July 1,2012. The bill restricted the 
registration to a 2-year period. 
The amendment revises eligibility requirements for 
farmland registered on or after July 1, 2012 and clarifies the landowner's responsibility 
for filing the registration. It requires a landowner to submit a copy of the registration to 
the Department of Agriculture, Food and Rural Resources and removes the requirement 
for a municipality to maintain a registry. To renew the registration of farmland registered 
in 1990 or 1991, a landowner must submit documentation of the original registration. All 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 548, L.D. 1649 
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landowners with registered farmland must renew registration every 5 years. It changes 
the income-producing requirement for registering farmland from at least $300 per acre for 
at least 3 of the previous 6 calendar years to at least $2,000 from the sales value of farm 
products in one of the 2, or 3 of the 5, preceding calender years. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
State Mandates 
Revised: 03/27/12 ;tpac:. 
LD 1649 
LR2509(02) 
An Act To Authorize the Registration of Farmland in 2012 and 2013 
Fiscal Note for Bill as Amended by Committee Amendment" A" s...,500 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Required Activity 
Unit Affected 
Local Cost 
Insignificant 
statewide 
Requires counties to register new registrations of farmland since the last period of 
County 
registration during 1990-1991, re-register existing registrations and register renewals 
every 5 years. 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the state from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food and Rural Resources associated with processing farmland 
registrations can be absorbed within existing budgeted resources. 
LR2509(02) - Fiscal Note - Page 1 of 1