An Act To Amend the Laws Regarding Municipal Conservation Commissions
Maine Legislature, Session 129, LD 1973
Committee: State and Local Government
Sponsors: CARSON, BELLOWS, CHENETTE, GRATWICK, DOUDERA, FAY, HARNETT, KESCHL
Amends: 30-A MRSA §3261

Legislative Document
No. 1973
S.P. 675
In Senate, January 8, 2020
An Act To Amend the Laws Regarding Municipal Conservation 
Commissions
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARSON of Cumberland.
Cosponsored by Senators: BELLOWS of Kennebec, CHENETTE of York, GRATWICK of 
Penobscot, Representatives: DOUDERA of Camden, FAY of Raymond, HARNETT of 
Gardiner, KESCHL of Belgrade.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §3261, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read:
§3261.  Conservation commissions
Unless otherwise provided under their home rule authority, municipalities may 
establish conservation commissions as provided in this section.
1.  Appointment of commissioners, associate and alternate commissioners; ad 
hoc committees.  The municipal officers may appoint at least 3, but not more than 7, 
conservation commissioners.  Members shall Commissioners must initially be appointed 
for terms of one, 2 and 3 years, such that the terms of approximately 1/3 of the members 
commissioners will expire each year.  Their successors shall must be appointed for terms 
of 3 years each.  Members shall Commissioners serve until the appointment of their 
successors.
The commission may recommend to the municipal officers that associate members be 
appointed to assist the commission as the commission requires.  Associate members are 
nonvoting members.  Their terms of office shall be for one, 2 or 3 years.
A.  The commission may appoint nonvoting associate commissioners to assist the 
commission as the commission requires.
B.  Commissioners shall elect, for terms of one year, one of the voting commissioners 
to act as chair and one of the voting commissioners to act as secretary.
C.  The commission may recommend to the municipal officers that alternate 
commissioners be appointed to act in place of absent commissioners to ensure a 
quorum for voting purposes at a meeting.
D.  The commission may appoint ad hoc committees to perform specific tasks, which 
the commission shall define.  Ad hoc committees must include and be chaired by a 
voting commissioner or associate commissioner.  Ad hoc committees may include 
members of the public.
2.  Duties of commission.  The commission shall:
A.  Keep records of its meetings and activities and make an annual report to the 
municipality;
B.  Conduct research, in conjunction with the planning board, if any, into the local 
land areas;
C.  Seek to coordinate the activities of conservation bodies organized for similar 
purposes; and
D.  Keep an index of all open areas within the municipality, whether publicly or 
privately owned, including open marshlands, swamps and other wetlands, for the 
purpose of obtaining information relating to the proper protection, development or 
use of those open areas.  The commission may recommend to the municipal officers 
or any municipal body or board, or any body politic or public agency of the State, a 
program for the better protection, development or use of those areas, which may 
include the acquisition of conservation easements.;
(1)  Any body politic or public agency of the State conducting planning 
operations with respect to open areas within a municipality having a conservation 
commission shall notify that conservation commission of all plans and planning 
operations at least 30 days before implementing any action under that plan.
E.  Develop an open area plan for review and approval by the municipal legislative 
body;
F.  Assist in drafting or updating natural resource provisions in the municipality's 
comprehensive plan as defined in section 4301, subsection 3;
G.  Advise the planning board or other municipal reviewing authority in its 
deliberations as they relate to effects on the environment and natural resources of the 
municipality; and
H.  Conduct activities designed to educate community members regarding the 
protection and conservation of natural resources.
Any body politic or public agency of the State conducting planning operations with 
respect to open areas within a municipality having a conservation commission shall notify 
that conservation commission of all plans and planning operations at least 30 days before 
implementing any action under such a plan or operation.
3.  Powers of commission.  The commission may:
A.  Advertise, prepare, print and distribute books, maps, charts, plans and pamphlets 
which that it considers necessary;
B.  Have the care and superintendence of the public parks and, subject to the approval 
of the municipal officers, direct the expenditure of all money appropriated for the 
improvement of those parks;
B-1.  Develop and recommend to the municipal officers or any municipal body or 
board, or any body politic or public agency of the State, programs for the better 
protection, development or use of open areas, which may include the acquisition of 
conservation easements;
C.  Acquire land or interest in land in the municipality's name for any of the purposes 
set forth in this section for which the municipal officers established the commission 
with the approval of the municipal legislative body; and
D.  Receive gifts in the municipality's name for any of the commission's purposes and 
for which the municipal officers established the commission; the commission shall 
administer the gift such gifts for those purposes subject to the terms of the each gift.; 
and
E.  Collaborate with conservation entities established for similar purposes.
4.  Park commission under previous law.  This section does not require a 
municipality which has previously created a park commission under prior law to establish 
a conservation commission.  Any such park commission previously created may continue 
to operate as originally established.
SUMMARY
This bill makes several changes to the law that permits municipal officers to establish 
a conservation commission.  It adds the requirement that the commissioners appoint a 
chair and a secretary.  It allows municipal officers to appoint alternate commissioners 
when necessary to ensure a quorum for voting purposes.  It allows the commission to 
establish ad hoc committees and to appoint members to those committees that are not 
members of the commission.
It changes the duties and powers of the commission to include developing an open 
area plan; assisting in drafting the municipality's comprehensive plan; advising any 
municipal reviewing authority in its deliberation related to effects on the municipality's 
environment and natural resources; educating community members; and developing and 
recommending to bodies politic a program for the better use of open areas.
It repeals the provision that addressed park commissions established under previous 
law.