An Act To Modify the Requirement To Replace Trees Cut Down in Violation of Local Laws
Maine Legislature, Session 125, LD 1108
Committee Amendment CA_A_H275 (House)
Amends: 30-A MRSA §4452

COMMITTEE AMENDMENT ";4,, to H.P. 820, L.D. 1108, Bill, "An Act To 
Modify the Requirement To Replace Trees Cut Down in Violation of Local Laws" 
Amend the bill by striking out all of section 1 and inserting the following: 
'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 
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 include, but is not limited to, 
replacement of each tree cut with a tree of substantially similar size and species 
to the extent available and feasible or trees of varying size and species such that 
the visual impact from the cutting will be remediated, the tree canopy that was 
cut will be restored within a reasonable time period and a total basal area equal to 
at least 50% ofthe basal area cut will be replanted. 
(2) Except for timber harvesting, correction or mitigation of a violation that 
involves the cutting of understory vegetation must 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 (l) 
or (2), the violator shall submit to the municipality a reforestation plan and 5-year 
management 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "4" to H.P. 820, L.D. 1108 
sedimentation control. The management plan must address how the replacement 
trees must be maintained to enable the trees to grow to a healthy, mature height. 
F or 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 
The amendment replaces the bill. The bill proposes to give the court discretion to 
order the replacement of trees or vegetation when a person cuts down a tree or understory 
vegetation in violation of the shoreland zoning laws. Under current law, except for 
timber harvesting, a person is required to replace each tree with a tree of substantially 
similar size and species to the extent available and feasible. 
The amendment requires the replacement of each tree cut with a tree or trees of 
varying size and species such that the visual impact from the cutting will be remediated, 
the tree canopy that was cut will be restored within a reasonable time period and a total 
basal area equal to at least 50% of the basal area cut will be replanted. The amendment 
requires the replacement of understory vegetation with understory vegetation of 
substantially similar size and species to the extent reasonably available and feasible. The 
amendment requires a 5-year management plan to be developed, which must address how 
the replacement trees must be maintained to enable them to grow to a healthy, mature 
height. 
COMMITTEE AMENDMENT