An Act To Modify the Requirement To Replace Trees Cut Down in Violation of Local Laws
Maine Legislature, Session 125, LD 1108
Committee: Environment and Natural Resources
Sponsors: MOULTON, THOMAS, CROCKETT, HARVELL, O'CONNOR, SIROCKI
Amends: 30-A MRSA §4452

Legislative Document 
No. 1108 
H.P. 820 
House of Representatives, March 15, 2011 
An Act To Modify the Requirement To Replace Trees Cut Down in 
Violation of Local Laws 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MOULTON of York. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: CROCKETT of Bethel, HARVELL of Farmington, O'CONNOR of Berwick, 
SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §4452, sub-§3, ¶C-2, as enacted by PL 2007, c. 92, §2, is 
amended to read: 
C-2.  Notwithstanding paragraph C, for violations of the laws and ordinances set forth 
in subsection 5, paragraph Q, the provisions of this paragraph apply.  The court must 
may order the violator to correct or mitigate the violation unless the correction or 
mitigation would result in a threat or hazard to public health or safety, substantial 
environmental damage or a substantial injustice. 
(1)  Except for timber harvesting, correction or mitigation of a violation that 
involves the cutting of a tree or trees must may include, but is not limited to, 
replacement of each the tree or trees cut, but not necessarily on a one-for-one 
basis, with a tree or trees of substantially similar size and species to the extent 
reasonably available and feasible. 
(2)  Except for timber harvesting, correction or mitigation of a violation that 
involves the cutting of understory vegetation must may include, but is not limited 
to, replacement of the understory vegetation with understory vegetation of 
substantially similar size and species to the extent reasonably available and 
feasible. 
(3)  For violations requiring correction or mitigation pursuant to subparagraph (1) 
or (2), the violator shall submit to the municipality a reforestation plan developed 
with and signed by a forester licensed pursuant to Title 32, chapter 76 or other 
qualified professional.  The reforestation plan must include consideration of 
specified site conditions and address habitat and other riparian restoration, visual 
screening, understory vegetation and erosion and sedimentation control. 
For purposes of this paragraph, "timber harvesting" has the same meaning as in Title 
38, section 438-B, subsection 1, paragraph C. 
For purposes of this paragraph, "understory vegetation" means all saplings that 
measure less than 2 inches in diameter at 4.5 feet above ground level and all shrubs. 
SUMMARY 
Current law requires a person who, except for timber harvesting, cuts down a tree or 
understory vegetation in violation of local land use laws and ordinances to replace the 
tree or vegetation with a tree or vegetation of similar size and species. 
This bill gives the court the discretion to order the replacement of the tree or 
vegetation, provides that the replacement doesn't have to be on a one-for-one basis and 
allows the replacement to be of a reasonably similar species only.