An Act To Amend the Laws Governing the Issuance of Burn Permits (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1809
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO, HANLEY, BLACK, TIMBERLAKE
Amends: 12 MRSA §9321, 12 MRSA §9327

Legislative Document
No. 1809
S.P. 678
In Senate, January 29, 2018
An Act To Amend the Laws Governing the Issuance of Burn 
Permits
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator SAVIELLO of Franklin.
Cosponsored by Representative HANLEY of Pittston and
Representatives: BLACK of Wilton, TIMBERLAKE of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §9321, sub-§3, as enacted by PL 1979, c. 545, §3, is amended 
to read:
3.  Delegation.  The director may delegate the issuance of permits to forest rangers or 
town forest fire wardens and their deputies.  A town forest fire warden or deputy 
authorized to issue permits pursuant to this subsection may issue permits using burn 
permit software purchased from a private party to establish a publicly accessible online 
system in accordance with section 9327.
Sec. 2.  12 MRSA §9327 is enacted to read:
§9327.  Private party burn permit software
The director shall allow a municipality to use burn permit software purchased from a 
private party to establish a publicly accessible online system to issue a permit to burn 
pursuant to section 9325 if the issuance of a permit to burn using the burn permit software 
is in accordance with the criteria in section 9321.  The director shall approve burn permit 
software within 10 business days after a town forest fire warden or deputy submits a 
request for review of the software to the director if the software submitted meets the 
requirements of this section.  If the director does not approve or deny the burn permit 
software within 10 business days after a town forest fire warden or deputy submits a 
request for review, the municipality may use the burn permit software to issue permits to 
burn.  If a person uses burn permit software to apply for a permit to burn, that person may 
not be charged a fee for the permit.  A person may not be required to apply for a permit to 
burn using approved burn permit software, but may apply as otherwise provided in this 
article.  The director may adopt rules relating to burn permit software requirements.  
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill requires the Director of the Bureau of Forestry within the Department of 
Agriculture, Conservation and Forestry to allow municipalities to use burn permit 
software purchased from a private party to issue a permit to burn if issuance of the permit 
using the burn permit software meets certain statutory requirements.  The bill provides 
that a person may not be charged a fee for a permit to burn issued using the burn permit 
software and that a person may apply for a permit to burn using the burn permit software 
or as otherwise provided in law.  The bill requires the director to approve burn permit 
software within 10 days after a town forest fire warden or deputy submits a request for 
review to the director if the burn permit software meets the requirements for approval.  
The bill authorizes the director to adopt major substantive rules relating to burn permit 
software requirements.