An Act To Make Technical Changes to the Agriculture, Conservation and Forestry Laws
Maine Legislature, Session 126, LD 0987
Committee: Agriculture, Conservation and Forestry
Sponsors: SHERMAN, GIFFORD
Amends: 7 MRSA §320, 7 MRSA §435, 12 MRSA §683-A, 12 MRSA §685-A, 12 MRSA §1839, 12 MRSA §1853, 12 MRSA §1862, 12 MRSA §8867-E

Legislative Document 
No. 987 
S.P. 332 
In Senate, March 12, 2013 
An Act To Make Technical Changes to the Agriculture, 
Conservation and Forestry Laws 
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SHERMAN of Aroostook. 
Cosponsored by Representative GIFFORD of Lincoln. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §320, sub-§6, as enacted by PL 2007, c. 660, §8, is amended to 
read: 
6.  Reporting.  The commissioner shall submit an annual report on or before March 
1st of each year to the joint standing committee of the Legislature having jurisdiction 
over agricultural matters.  The report must include a summary of grants made under 
section 319 during the previous calendar fiscal year.  The report must address the 
effectiveness of the program.  Effectiveness measures may include, but are not limited to, 
evaluation of the number of companies retained, expanded or created; the increase in the 
number of jobs created or retained; any increased business revenues and new capital 
raised; improved wages paid to employees; and any new capital investment and increase 
in profitability. 
Sec. 2.  7 MRSA §435, sub-§5, as amended by PL 2007, c. 660, §14, is further 
amended to read: 
5.  Report.  The commissioner shall submit an annual report on or before March 1st 
of each year to the joint standing committee of the Legislature having jurisdiction over 
agricultural matters.  The report must include a summary of loans made under this section 
during the previous calendar fiscal year and loans outstanding categorized by the types of 
agricultural enterprises receiving the loans.  The report must address the effectiveness of 
the program.  Effectiveness measures may include, but are not limited to, evaluation of 
the number of companies retained, expanded or created; the increase in the number of 
jobs created or retained; any increased business revenues and new capital raised; 
improved wages paid to employees; and any new capital investment and increase in 
profitability. 
Sec. 3.  12 MRSA §683-A, as enacted by PL 2011, c. 682, §7 and amended by c. 
657, Pt. W, §5, is further amended to read: 
§683-A.  Creation of Maine Land Use Planning Commission 
The Maine Land Use Planning Commission, as established by Title 5, section 
12004-D, subsection 1-A to carry out the purposes stated in section 681, is created within 
the Department of Agriculture, Conservation and Forestry and in this chapter called "the 
commission."  The commission is charged with implementing this chapter.  The 
commission consists of 9 members, nominated appointed in accordance with subsections 
and 2.  All nominations appointments under this section are subject to review by the 
joint standing committee of the Legislature having jurisdiction over conservation matters 
and to confirmation by the Senate. 
1.  Appointment by the Governor.  Except as provided in subsection 2, the 
Governor shall nominate appoint one member to the commission.  In selecting a nominee 
an appointee, the Governor shall actively seek and give consideration to persons residing 
in or near the unorganized and deorganized areas of the State and to persons residing on 
unorganized coastal islands.  A nominee An appointee under this subsection must be 
familiar with the needs and issues affecting the commission's jurisdiction and must: 
A.  Reside in the commission's jurisdiction; 
B.  Work in the commission's jurisdiction; 
C.  Be a former resident or be retired after having worked for a minimum of 5 years 
within the commission's jurisdiction; or 
D.  Have expertise in commerce and industry, fisheries and wildlife, forestry or 
conservation issues as they relate to the commission's jurisdiction. 
2.  Appointment of members representing a county. One member must be 
nominated appointed by each of the 8 counties with the most acreage in the unorganized 
or deorganized areas subject to the jurisdiction of the commission.  The board of county 
commissioners of for each of the counties shall nominate appoint by majority vote a 
resident of that county to serve as a member of the commission.  A county commissioner 
nominated who is a candidate for appointment to serve on the commission may not vote 
on that nomination appointment.  In making nominations the appointment, the board of 
county commissioners shall actively seek and give consideration to persons residing in or 
near the unorganized or deorganized areas within the county. 
A nominee An appointee under this subsection must have expertise in commerce and 
industry, fisheries and wildlife, forestry or conservation issues as they relate to the 
commission's jurisdiction and must: 
A.  Reside in the commission's jurisdiction; 
B.  Work in the commission's jurisdiction; or 
C.  Be a former resident or be retired after having worked for a minimum of 5 years 
within the commission's jurisdiction. 
If a board of county commissioners fails to nominate appoint a member to the 
commission under this subsection within 90 business days of a vacancy on the 
commission to be filled by that county, the Governor shall nominate appoint a resident of 
that county meeting the criteria in subsection 1 to fill the vacancy.  
For any county appointee, the board of county commissioners shall provide to the 
President of the Senate and the Speaker of the House of Representatives the name and 
address of the appointee, together with information concerning that person's background 
and qualifications, in the same manner required of the Governor for nominations made 
pursuant to Title 3, section 154.  A board of county commissioners has the same authority 
as the Governor, pursuant to Title 3, section 154, to withdraw the name of an appointee at 
any time before the Senate votes.  The provisions of Title 3, sections 155 to 158 apply to 
the process of legislative review and confirmation of all county appointees to the 
commission. 
3.  Eligibility.  A state employee may not be appointed to or serve as a member of the 
commission. A county commissioner, county employee, municipal official or municipal 
employee is not considered to hold an incompatible office for purposes of simultaneous 
service on the commission. If a county or municipality is a participant in an adjudicatory 
proceeding before the commission, a commissioner, official or employee from that 
county or municipality may not participate in that proceeding as a member of the 
commission. 
4.  Terms.  All members are appointed to 4-year terms.  Any member who has not 
been renominated reappointed by the Governor or the a board of county commissioners 
prior to the expiration of that member's term may not continue to serve on the 
commission, unless the Governor notifies the Legislature in writing prior to the expiration 
of that member's term that extension of that member's term is required to ensure fair 
consideration of specific major applications pending before the commission.  That 
member's term ends upon final commission decisions on the specific applications 
identified in the Governor's communication.  Any member renominated reappointed by 
the Governor or a board of county commissioners prior to the expiration of that member's 
term shall continue continues to serve on the commission until the nomination 
appointment is acted upon by the Legislature.  A vacancy during an unexpired term is 
filled as provided in this section, but only for the unexpired portion of the term. 
5.  Rules.  Unless otherwise provided in this chapter, rules adopted by the 
commission under this chapter are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 4.  12 MRSA §685-A, sub-§14, as enacted by PL 2011, c. 599, §2 and 
amended by c. 657, Pt. W, §§5 and 7, is further amended to read: 
14.  Land management roads, gravel pits and water crossings.  Beginning 
November 1, 2012, the Director of the Division of Forestry within the Department of 
Agriculture, Conservation and Forestry shall administer and enforce the regulation of 
construction, maintenance and repair of land management roads, water crossings by land 
management roads and gravel pits of less than 5 acres in protection districts and 
management districts in accordance with rules adopted under section 8867-E.  For the 
purposes of this subsection, "land management road" has the same meaning as under 
section 8868, subsection 7. 
Sec. 5.  12 MRSA §1839, sub-§1, ¶A, as enacted by PL 1997, c. 678, §13, is 
amended to read: 
A.  A complete account of the income and expenditures pertaining to nonreserved 
public lands during the preceding calendar fiscal year; 
Sec. 6.  12 MRSA §1839, sub-§1, ¶B, as enacted by PL 1997, c. 678, §13 and 
amended by PL 2011, c. 657, Pt. W, §7, is further amended to read: 
B.  A summary of the division's management activities during the preceding calendar 
fiscal year regarding timber, recreation, wildlife and other subjects as appropriate; 
Sec. 7.  12 MRSA §1853, sub-§1, ¶A, as enacted by PL 1997, c. 678, §13, is 
amended to read: 
A.  A complete account of the income and expenditures pertaining to public reserved 
lands during the preceding calendar fiscal year; 
Sec. 8.  12 MRSA §1853, sub-§1, ¶B, as enacted by PL 1997, c. 678, §13 and 
amended by PL 2011, c. 657, Pt. W, §7, is further amended to read: 
B.  A summary of the division's management activities during the preceding calendar 
fiscal year regarding timber, recreation, wildlife and other subjects as appropriate; 
Sec. 9.  12 MRSA §1862, sub-§12, ¶A, as enacted by PL 1997, c. 678, §13, is 
amended to read: 
A.  A complete account of the income and expenditures pertaining to submerged 
lands during the preceding calendar fiscal year; 
Sec. 10.  12 MRSA §1862, sub-§12, ¶B, as enacted by PL 1997, c. 678, §13 and 
amended by PL 2011, c. 657, Pt. W, §7, is further amended to read: 
B.  A summary of the division's management activities during the preceding calendar 
fiscal year regarding leases, easements and other appropriate subjects; 
Sec. 11.  12 MRSA §8867-E, sub-§1, as enacted by PL 2011, c. 599, §5 and 
amended by c. 657, Pt. W, §7, is further amended to read: 
1.  Regulation.  In accordance with section 685-A, subsection 14, beginning 
November 1, 2012, the director of the division shall administer and enforce the regulation 
of construction, maintenance and repair of land management roads, water crossings by 
land management roads and gravel pits of less than 5 acres in areas designated as 
protection districts and management districts by the commission. 
Sec. 12.  P&SL 1989, c. 108, §4, as amended by P&SL 2003, c. 11, §1, is further 
amended to read: 
Sec. 4.  Location of the reserve.  The reserve is located is located in the Town of 
Wells and includes lands between the Little River to the north and the Ogunquit River to 
the south.  The boundary to the east parallels the shoreline, excluding the shoreline 
development, and to the west includes lands adjacent to the Wells coastal wetlands and 
within the drainage basins of their tributary streams.  Specifically, the reserve contains: 
1.  Lands in the Rachel Carson National Wildlife Refuge managed by the United 
States Fish and Wildlife Service; 
2.  Land purchased or acquired for a state park managed by the Department of 
Agriculture, Conservation and Forestry; 
3.  Submerged tidal lands managed by the Department of Agriculture, Conservation 
and Forestry; 
4.  Land purchased by the Town of Wells or the State; 
5.  Land donated by the Town of Wells to the Department of Agriculture, 
Conservation and Forestry as a conservation easement; and 
6.  Other lands or interests in land in the location described in this section acquired by 
the reserve from willing sellers or added to the reserve by agreement for the purpose of 
furthering the reserve's conservation, research or educational programs. 
Sec. 13.  P&SL 1989, c. 108, §6, sub-§5, as amended by P&SL 2003, c. 11, §2, 
is further amended to read: 
5.  Within 120 days after the close of its fiscal year, the authority shall provide a copy 
of its annual financial report certified by an independent certified public accountant 
selected by the authority to the Commissioner of Conservation, the Director of the State 
Planning Office Agriculture, Conservation and Forestry, the Treasurer of State, the State 
Auditor and the joint standing committee of the Legislature having jurisdiction over 
conservation matters.  The financial report must comply with federal Office of 
Management and Budget requirements. 
Sec. 14.  P&SL 1989, c. 108, §7, sub-§1 is amended to read: 
1.  The Commissioner of Agriculture, Conservation and Forestry, or the 
commissioner's designee; 
Sec. 15.  P&SL 1989, c. 108, §7, sub-§5, ¶A is amended to read: 
A.  The Director of the State Planning Office or the director's designee Maine Coastal 
Program; and 
Sec. 16.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 12, 
section 683-A, subsection 4, members initially appointed to the Maine Land Use Planning 
Commission after January 2013 are appointed to staggered terms.  The member initially 
appointed by the Governor serves a term of one year. The members initially appointed by 
the boards of county commissioners serve as follows: the member initially appointed by 
the board of county commissioners of the county with the highest acreage of unorganized 
and deorganized areas serves a term of one year; the member initially appointed by the 
board of county commissioners of the county with the 2nd-highest acreage of 
unorganized and deorganized areas serves a term of one year; the member initially 
appointed by the board of county commissioners of the county with the 3rd-highest 
acreage of unorganized and deorganized areas serves a term of 2 years; the member 
initially appointed by the board of county commissioners of the county with the 
4th-highest acreage of unorganized and deorganized areas serves a term of 2 years; the 
member initially appointed by the board of county commissioners of the county with the 
5th-highest acreage of unorganized and deorganized areas serves a term of 3 years; the 
member initially appointed by the board of county commissioners of the county with the 
6th-highest acreage of unorganized and deorganized areas serves a term of 3 years; the 
member initially appointed by the board of county commissioners of the county with the 
7th-highest acreage of unorganized and deorganized areas serves a term of 4 years; the 
member initially appointed by the board of county commissioners of the county with the 
least acreage of unorganized and deorganized areas serves a term of 4 years. 
SUMMARY 
This bill: 
1.  Requires that certain information in annual reports to the Legislature be compiled 
from data from the previous fiscal year rather than from the previous calendar year, 
consistent with the State's budgeting process; 
2.  Clarifies that the Department of Agriculture, Conservation and Forestry, Division 
of Forestry regulates water crossings by land management roads in those portions of 
unorganized and deorganized areas of the State zoned by the Maine Land Use Planning 
Commission as protection districts and management districts; 
3. Makes references to boards of county commissioners consistent in provisions 
regarding the Maine Land Use Planning Commission; 
4.  Clarifies that appointments made by the boards of county commissioners will be 
reviewed according to the same process as applies to gubernatorial appointments and 
changes language regarding appointments made by the county commissioners and 
Governor to comport with language in the Constitution of Maine; 
5.  Adds unallocated language indicating that the terms of the members of the Maine 
Land Use Planning Commission appointed after January 2013 must be staggered; and 
6.  Makes corrections by updating the name of the Department of Agriculture, 
Conservation and Forestry to the enabling legislation of the Wells National Estuarine 
Research Reserve Management Authority and replacing the director of the former State 
Planning Office with the Director of the Maine Coastal Program as an ex officio 
nonvoting member of the board of directors.