An Act To Establish Trail Standards in Deer Wintering Areas
Maine Legislature, Session 126, LD 1248
Committee: Inland Fisheries and Wildlife
Sponsors: DUNPHY, BLACK, DAVIS, FITZPATRICK, GIFFORD, LONG, MALABY, WOOD
Amends: 12 MRSA §685-A, 12 MRSA §10107

Legislative Document 
No. 1248 
H.P. 882 
House of Representatives, March 27, 2013 
An Act To Establish Trail Standards in Deer Wintering Areas 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Representatives: BLACK of Wilton, DAVIS of Sangerville, FITZPATRICK 
of Houlton, GIFFORD of Lincoln, LONG of Sherman, MALABY of Hancock, WOOD of 
Sabattus. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §685-A, sub-§3, ¶F, as amended by PL 1983, c. 114, §1, is 
further amended to read: 
F.  Reflect a consideration of the availability and capability of the natural resources 
base, including soils, topography or sufficient healthful water supplies; and 
Sec. 2.  12 MRSA §685-A, sub-§3, ¶G, as amended by PL 1995, c. 65, Pt. A, 
§26 and affected by §153 and Pt. C, §15, is further amended to read: 
G.  Regulate, as necessary, motor vehicles as defined in Title 29-A, section 101, 
subsection 42, on icebound inland lakes that are completely encompassed by 
unorganized territories during the hours from sunset to sunrise of the following day.; 
and 
Sec. 3.  12 MRSA §685-A, sub-§3, ¶H is enacted to read: 
H.  Incorporate standards for construction of all trails in deer wintering areas 
established pursuant to section 10107, subsection 3. 
Sec. 4.  12 MRSA §10107, sub-§3 is enacted to read: 
3.  Rules for trails in deer wintering areas; penalty.  The commissioner, in 
consultation with the Maine Land Use Planning Commission and the Commissioner of 
Agriculture, Conservation and Forestry, shall adopt rules establishing standards for the 
construction of all trails within deer wintering areas identified pursuant to subsection 1.  
The commissioner shall specify construction standards designed to minimize impact on 
the deer in these areas. 
A.  Standards adopted by the commissioner under this subsection must ensure that 
trails are designed, constructed and maintained to avoid erosion and sedimentation, 
limit clearing of vegetation, limit structural development, protect deer from undue 
disturbance during critical winter time and otherwise promote and protect deer 
wintering habitat. 
B.  The Maine Land Use Planning Commission shall incorporate the standards 
adopted pursuant to this subsection in land use standards prescribed under section 
685-A, subsection 3. 
C.  A person who constructs a trail in a deer wintering area in violation of rules 
adopted under this subsection commits a civil violation for which a fine of not more 
than $10,000 may be adjudged. 
SUMMARY 
This bill directs the Commissioner of Inland Fisheries and Wildlife, in consultation 
with the Maine Land Use Planning Commission and the Commissioner of Agriculture, 
Conservation and Forestry, to adopt rules that establish standards for the construction of 
trails in deer wintering areas.  This bill also directs the Maine Land Use Planning 
Commission to incorporate these standards for the construction of trails in deer wintering 
areas in the State's land use standards.