An Act To Provide That a Forestry Operation That Conforms to Accepted Practices May Not Be Declared a Nuisance
Maine Legislature, Session 130, LD 1407
Committee: Agriculture, Conservation and Forestry
Sponsors: BLACK

Legislative Document
No. 1407
S.P. 457
In Senate, April 12, 2021
An Act To Provide That a Forestry Operation That Conforms to 
Accepted Practices May Not Be Declared a Nuisance
Received by the Secretary of the Senate on April 8, 2021.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BLACK of Franklin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA c. 810 is enacted to read:
CHAPTER 810
THE RIGHT TO PRACTICE FORESTRY ACT
§9801.  Short title
This Act may be known and cited as "the Right To Practice Forestry Act."
§9802.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry.
2.  Forest.  "Forest" means a parcel of land in which at least 80% of the parcel is 
producing or is capable of producing at least 20 cubic feet of merchantable timber per acre 
per year.
3.  Forestry operation.  "Forestry operation" means an operation that involves forest 
management activities for which generally accepted forest management practices have 
been established by the department by rule under section 9806.
4.  Local unit of government.  "Local unit of government" means a county, city or 
town located in the State.
§9803.  Forestry operation not a nuisance
1.  Generally accepted forest management practices.  A forestry operation may not 
be considered a public or private nuisance under Title 17, chapter 91:
A.  If the forestry operation alleged to be a nuisance is in compliance with generally 
accepted forest management practices established by the department by rule under 
section 9806.  This paragraph does not apply if an activity associated with a forestry 
operation alleged to be a nuisance is found to be the result of negligence; or
B.  Solely as a result of the occurrence of any of the following:
(1)  Change in ownership or size of the forestry operation;
(2)  Cessation or interruption of the forestry operation;
(3)  Enrollment of all or part of the forestry operation in a governmental forestry 
or conservation program;
(4)  Adoption of new forestry technology by the forestry operation;
(5)  Visual change due to removal of timber or vegetation;
(6)  Normal noise from forestry equipment;
(7)  Application of pesticides in a manner consistent with rules for pesticide 
application adopted by the Board of Pesticides Control within the department; or
(8)  Application of fertilizers in a manner consistent with applicable laws and rules.
§9804.  Recovery of costs
In any court action in which a forestry operation is alleged to be a nuisance, if the 
person that was alleged to commit the nuisance prevails, the court may award that person 
the actual and necessary costs incurred by the action and reasonable attorney's fees.
§9805.  Violation of ordinances
A local unit of government that allows a forestry operation to operate in that local unit 
of government may not regulate that forestry operation in a manner that limits or prohibits 
any generally accepted forest management practices established by the department by rule 
under section 9806.
§9806.  Rules
The department shall by rule establish generally accepted forest management practices.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill enacts the Right To Practice Forestry Act.  The bill provides that a local unit 
of government that allows a forestry operation to operate in that local unit of government 
may not regulate that forestry operation in a manner that limits or prohibits any generally 
accepted forest management practices, which the bill requires the Department of 
Agriculture, Conservation and Forestry to establish by rule.