reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 1: GENERAL PROVISIONS › 12 §8906. Other authority

§8906. Other authority
1.  Administrative units.
The director shall have the authority to divide the State into administrative units so as to most effectively provide for protection against loss or damage by forest fires.
[PL 1979, c. 545, §3 (NEW).]
2.  Equipment.
The director may establish lookout stations connected by telephone and radio, and construct, equip and maintain office-storehouse headquarters for necessary supplies, tools and equipment and provide for any other facilities essential for forest fire control. All fire lookout towers must be staffed during periods of fire danger. The director shall notify the joint standing committees of the Legislature having jurisdiction over energy and natural resources and appropriations and financial affairs in writing prior to implementing any major policy changes in the operation and staffing of the fire lookout tower system. Within the unorganized territory, the director may, in addition to this subsection, construct and maintain roads and trails. In the event the director determines that any currently active fire tower should not be reopened for the subsequent fire season, the director shall provide notice to the Legislature of intended action by January 15th. This notice must include the location of the fire towers affected and the justifications for the closures. Notice of closures must be reviewed by the joint standing committee of the Legislature having jurisdiction over natural resources. Unless the Legislature determines otherwise, the director may close towers so indicated. If any fire tower is not reopened, the department shall work closely with the municipality in which the fire tower is located to minimize the impact that action will have on the municipality's responsibility to control forest fires.
[PL 1991, c. 9, Pt. Y, §2 (AMD).]
3.  Contingency.
If the funds available for forest fire control are not sufficient to meet actual suppression costs in any year, the Governor may make additional funds available from the treasury not otherwise appropriated.
[RR 2011, c. 2, §11 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1983, c. 367 (AMD). PL 1983, c. 556, §7 (AMD). PL 1983, c. 819, §A39 (AMD). PL 1985, c. 506, §A17 (AMD). PL 1991, c. 9, §Y2 (AMD). RR 2011, c. 2, §11 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 1: GENERAL PROVISIONS › 12 §8908. Aerial Fire Suppression Fund

§8908. Aerial Fire Suppression Fund
1.  Establishment of fund.
The Aerial Fire Suppression Fund, referred to in this section as "the fund," is established through the Office of the State Controller as a nonlapsing fund under the jurisdiction of the bureau to ensure the viability of its aerial fire suppression program. The bureau may assess charges to agencies of the State for the use of the bureau's aerial fire suppression resources for purposes other than fire suppression and shall deposit any such money received into the fund. The bureau may apply for and accept any appropriation, grant, gift or service made available from any public or private source consistent with the purpose of this section and shall deposit any such money into the fund.
[PL 2005, c. 28, §1 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
2.  Use of fund.
The bureau may use the fund to pay operating expenses and to purchase aerial fire suppression resources, including helicopters, airplanes and spare parts, in accordance with the bureau's plan to diversify and modernize its aerial fire suppression fleet.
[PL 2019, c. 616, Pt. K, §1 (AMD).]
SECTION HISTORY
PL 2005, c. 28, §1 (NEW). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV). PL 2019, c. 616, Pt. K, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 2: FIRE PREVENTION EMERGENCY › 12 §9001. Proclamation by Governor

§9001. Proclamation by Governor
1.  Determination by director.
The director shall inform the Governor when the director determines that:
A. A high degree of forest fire danger exists in any part of the State; and   [PL 1979, c. 545, §3 (NEW).]
B. Human activity is likely to pose a forest fire menace.   [PL 1995, c. 586, §1 (AMD).]
[PL 1995, c. 586, §1 (AMD).]
2.  Proclamation.
The Governor may, by proclamation, suspend the open season for hunting or fishing or prohibit out-of-door smoking or building or using out-of-door fires or prohibit any other human activity likely to be a menace to the forests for such time and in such areas of the State as considered necessary. The type and manner of hunting and fishing or other human activity that is prohibited must be designated in the proclamation.
[PL 1995, c. 586, §1 (AMD).]
3.  Out-of-door fires at campgrounds.
[PL 1995, c. 586, §2 (RP).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1995, c. 586, §§1,2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 2: FIRE PREVENTION EMERGENCY › 12 §9001-A. Definitions

§9001-A. Definitions
As used in this subchapter, the following terms have the following meanings.   [PL 1995, c. 586, §3 (NEW).]
1.  Licensed camping facility.
"Licensed camping facility" means a recreational camp, youth camp or camping area licensed under Title 22, section 2495.
[PL 2009, c. 211, Pt. B, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 586, §3 (NEW). PL 2009, c. 211, Pt. B, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 2: FIRE PREVENTION EMERGENCY › 12 §9002. Posting and publishing

§9002. Posting and publishing
The proclamation must be published in such newspapers of the State and posted in such places as the Governor considers necessary and a copy of that proclamation must be filed with the Secretary of State. A copy must be furnished to the director, who shall attend to the posting and publication of the proclamation. The expense of posting and publication and the expense of enforcing the proclamation are paid by the director, after allowance by the State Controller, from the appropriation for general forestry purposes.   [PL 1995, c. 586, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1995, c. 586, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 2: FIRE PREVENTION EMERGENCY › 12 §9003. Repeal; amend

§9003. Repeal; amend
If, after issuing the proclamation provided for in section 9001, by reason of rains or otherwise the Governor is satisfied that the occasion for the issuance of the proclamation has passed, the Governor may amend, repeal and replace it by another proclamation affecting the sections covered by the original proclamation, or any part of the original proclamation, and that new proclamation must be published and posted in the same manner as provided for the issuance of the original proclamation.   [PL 1995, c. 586, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1995, c. 586, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 2: FIRE PREVENTION EMERGENCY › 12 §9004. Penalty

§9004. Penalty
1.  Violation of proclamation.
Notwithstanding section 9701, any person who in fact violates the provisions of a proclamation issued under section 9001 commits a Class E crime.
[PL 1995, c. 586, §5 (NEW).]
2.  Violation at licensed camping facility.
Notwithstanding subsection 1 and section 9701, a person who is an occupant or customer of a licensed camping facility commits a Class E crime if that person:
A. Is notified of a proclamation in accordance with section 9001‑B, subsection 6 and violates a proclamation issued under section 9001.   [PL 1995, c. 586, §5 (NEW).]
[PL 1995, c. 586, §5 (NEW).]
3.  Violation at exempt licensed camping facility.
Notwithstanding subsection 1 and section 9701, a person who is an occupant or customer of a licensed camping facility provided an exemption under section 9001‑B, subsection 3 commits a Class E crime if that person:
A. Is notified of an exemption and standard of use in accordance with section 9001‑B, subsection 6 and burns an out-of-door fire or utilizes a charcoal or gas grill in violation of a rule adopted under section 9001‑B, subsection 4.   [PL 1995, c. 586, §5 (NEW).]
[PL 1995, c. 586, §5 (NEW).]
4.  Violation by owner or operator of licensed camping facility.
Notwithstanding section 9701, an owner or operator of a licensed camping facility commits a Class E crime if the owner or operator:
A. Fails to notify a person in accordance with section 9001‑B, subsection 6;   [PL 1995, c. 586, §5 (NEW).]
B. Allows a person to violate a proclamation issued under section 9001; or   [PL 1995, c. 586, §5 (NEW).]
C. Operates a facility that is exempt pursuant to section 9001‑B that does not comply with rules adopted under section 9001‑B, subsection 4.   [PL 2013, c. 588, Pt. A, §10 (AMD).]
[PL 2013, c. 588, Pt. A, §10 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1995, c. 586, §5 (RPR). PL 2013, c. 588, Pt. A, §10 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9201. Responsibility for control of forest fires

§9201. Responsibility for control of forest fires
Responsibility for the control of forest fires in municipalities lies in the first instance with the town forest wardens appointed for these municipalities by the director. When in the judgment of a forest ranger the situation so warrants, the forest ranger may relieve a town forest fire warden of responsibility for control of a forest fire within a municipality and assume responsibility therefor. Final authority and responsibility for the control of a forest fire shall be that of the forest ranger.   [PL 1983, c. 556, §8 (AMD).]
Municipal fire department personnel and equipment shall not be moved within or without municipal limits upon the order of a town forest fire warden or a forest ranger, except with the approval of the fire chief or proper municipal official having authority to grant such approval.   [RR 2019, c. 2, Pt. A, §18 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1983, c. 556, §8 (AMD). RR 2019, c. 2, Pt. A, §18 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9202. Right to call and employ assistance

§9202. Right to call and employ assistance
Forest rangers and town forest fire wardens may employ any person considered necessary to assist in fighting forest fires. All called and employed for assistance shall proceed to help control forest fires as directed by the forest ranger or forest fire warden in charge.   [PL 1983, c. 556, §9 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1983, c. 556, §9 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9203. Compensation

§9203. Compensation
Town forest fire wardens shall receive compensation for forest fire fighting services at the prevailing rate in the town. Labor and equipment may be provided by individuals or goups on a forest fire without pay. All requested assistance, persons or equipment used in fighting forest fires shall, upon application, receive compensation fixed by the town in which the forest fire occurred, but labor coming from outside such town shall receive a rate of pay not less than that established annually by the Department of Transportation for state highway labor. Fire departments, organized crews or other groups used outside the town in which the forest fire occurred may receive pay at their usual rates. Forest fire fighters may be provided with subsistance while on the fire.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9204. Payment of costs

§9204. Payment of costs
Municipalities shall pay the costs for controlling and extinguishing forest fires up to 1/4 of 1% of their state valuation on a calendar year basis. These costs must be approved by the forest fire warden in charge. A municipality going to the aid of another, even to protect itself, when requested by the state forest ranger in charge, is entitled to be paid by the municipality aided if the total suppression cost of the municipality is not over 1/4 of 1% of its state valuation.   [PL 1991, c. 780, Pt. MM, §1 (RPR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1983, c. 556, §10 (AMD). PL 1985, c. 108, §4 (AMD). PL 1991, c. 780, §MM1 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9205. Payment of costs beyond 1/4 of 1% of state valuation

§9205. Payment of costs beyond 1/4 of 1% of state valuation
All forest fire suppression costs in municipalities in an amount greater than 1/4 of 1% of the state valuation of the municipality in which the fire occurred, excluding any costs for use or loss of that municipality's municipally owned equipment, must be paid by the State on a calendar year basis. Any municipality, in order to pay labor quickly, may pay beyond 1/4 of 1% of its state valuation and submit for full state reimbursement or forward the unpaid bills, approved by the state forest ranger in charge, for payment.   [PL 1991, c. 780, Pt. MM, §2 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1983, c. 556, §11 (AMD). PL 1985, c. 108, §5 (AMD). PL 1991, c. 780, §MM2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9205-A. Payment of costs in the unorganized territory

§9205-A. Payment of costs in the unorganized territory
Responsibility for the control of forest fires in the unorganized territory lies with the State. The unorganized territory shall reimburse the State for the costs of controlling and extinguishing forest fires up to 1/4 of 1% of the state valuation of the unorganized territory. The State may not require reimbursement for costs of services in the unorganized territory unless a municipality would be required to pay for the service under sections 9204 and 9205.   [PL 1991, c. 780, Pt. MM, §3 (AMD).]
SECTION HISTORY
PL 1983, c. 556, §12 (NEW). PL 1983, c. 855, §1 (RPR). PL 1991, c. 780, §MM3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 3: LOCAL CONTROL › 12 §9206. Reports and payrolls

§9206. Reports and payrolls
Town forest fire wardens and state forest rangers shall promptly prepare a report of their investigation of the cause, extent and damage on all forest fires in their charge. They shall prepare an exact and detailed statement of expenses incurred therein immediately after total extinguishment of the forest fire on forms provided by the director.   [PL 1979, c. 545, §3 (NEW).]
Statements of expenses shall have proper payroll receipts and vouchers. Forest fire suppression costs qualifying for town and state payment are labor, transportation, food, fire department equipment from outside the affected town, privately owned equipment and other costs approved by the state forest ranger in charge.   [PL 1979, c. 545, §3 (NEW).]
All requests for the state 1/2 reimbursement shall be presented to the director within 60 days after total extinguishment of the forest fire or become void. The director may extend the time provided a preliminary report has been made.   [PL 1979, c. 545, §3 (NEW).]
The director shall examine all forest fire suppression bills rendered by the town to the State for reimbursement or direct payment. After items not qualifying have been deducted, the director shall approve them for payment.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 1: DUMPS › 12 §9301. Hazard clearance

§9301. Hazard clearance
Any municipal or private dump within the State established and maintained for the disposal of solid waste, as defined in Title 38, section 1303, which might facilitate either the origin or spread of forest fires shall be operated under the following preventive measures: A strip 10 feet wide cleared to mineral soil shall be constructed on all sides of the dump; a water supply, the suitability of which shall be determined by the forest ranger and town forest fire warden, may be substituted for the cleared strip along any portion of the perimeter; and all grass, weeds, slash, brush and debris and other inflammable material shall be removed for a distance of 100 feet in all directions outside the cleared mineral soil strip. Live trees need not be removed, except that green branches of conifers and dead branches of all trees shall be pruned to a height of 10 feet above the ground. Dead snags of all trees shall be removed. During periods of high forest fire hazard if a municipal dump is burning, municipal officers shall maintain a watchkeeper at such dumps and owners and operators of private dumps shall do the same.   [PL 1989, c. 174, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1989, c. 174, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 1: DUMPS › 12 §9302. Closing

§9302. Closing
A municipal or private dump within the State not carrying out this subchapter shall be posted as "Closed to Dumping" by the town forest fire warden, or the director. Thereafter no person shall deposit refuse of any kind within, along the road leading to, or on land adjacent to such closed dump.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 1: DUMPS › 12 §9303. Deposits on other's land forbidden

§9303. Deposits on other's land forbidden
A person may not deposit refuse of any kind on land not the person's own without the consent of the owner or the public authority having custody or maintenance responsibility of that land.   [RR 2021, c. 2, Pt. B, §67 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). RR 2021, c. 2, Pt. B, §67 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 1: DUMPS › 12 §9304. Loss of state reimbursement

§9304. Loss of state reimbursement
Any municipality in which a municipal dump has been posted "Closed to Dumping" as set forth in this subchapter, which continues to permit dumping therein, shall, during that period, lose the benefits of state reimbursement of forest fire suppression costs on fires which escape from such dump as provided by section 9204 up to an amount equal to 1% of the state valuation of the municipality.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9321-A. Possession and production of permit required; violation

§9321-A. Possession and production of permit required; violation
1.  Possession and production of permit in organized territory.
Any person, firm or corporation that engages in out-of-door burning in any municipality, plantation or village corporation as permitted by this article shall possess the permit at the scene of the burning and shall produce the permit on the demand of authorized persons, including fire chiefs, town forest fire wardens or their designated agents, state forest rangers, municipal code enforcement officers and any law enforcement officer as defined in Title 17‑A. A person, firm or corporation that is issued an electronic permit pursuant to section 9326 or section 9327 may produce the permit on an electronic device.
[PL 2017, c. 449, §2 (AMD).]
2.  Violation.
Any person, firm or corporation which violates this section commits a civil violation for which a forfeiture not to exceed $100 may be adjudged.
[PL 1987, c. 618, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 618, §2 (NEW). PL 1997, c. 512, §3 (AMD). PL 2017, c. 449, §2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9321-B. Definitions

§9321-B. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2023, c. 56, §3 (NEW).]
1.  Licensed camping facility.
"Licensed camping facility" means a recreational camp, youth camp or camping area licensed under Title 22, section 2495.
[PL 2023, c. 56, §3 (NEW).]
2.  Recreational campfire.
"Recreational campfire" means an out-of-door fire that is used for cooking, personal warmth, light or ceremonial or aesthetic purposes and that is not a part of debris disposal. "Recreational campfire" includes a residential fire contained within an out-of-door fireplace. "Recreational campfire" does not include a portable lantern designed to emit light resulting from combustion or a stove that is used inside a structure or living accommodation.
[PL 2023, c. 56, §3 (NEW).]
3.  Red flag warning.
"Red flag warning" means a forecast warning issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service or its successor, in consultation with the bureau, that informs the public, firefighters and land management agencies that conditions are ideal for wildland fire combustion and rapid spread. A red flag warning indicates for a given geographic area, until the warning is withdrawn, that the temperature is warm, the humidity is very low and strong winds are expected and that these factors produce an increased risk of fire danger.
[PL 2023, c. 56, §3 (NEW).]
SECTION HISTORY
PL 2023, c. 56, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9322. Permits in the unorganized territory

§9322. Permits in the unorganized territory
1.  Permits.
No person may kindle or use an out-of-door fire in the unorganized territory unless a permit has been obtained from the director. The director may issue a permit on lands of another unless the majority ownerships of the land have withdrawn permission in writing to the director.
[PL 1983, c. 556, §13 (AMD).]
2.  Exemptions.
This section does not apply to the use of portable stoves which are fueled by propane gas, gasoline or sterno; to recreational fires kindled when the ground is covered with snow; or to residential use of outdoor grills and fireplaces for recreational purposes, such as preparing food.
[PL 1989, c. 174, §6 (AMD).]
3.  Resident guides.
Upon application, the Director of the Bureau of Forestry may issue a statewide yearly permit for out-of-door fires to resident guides licensed by the Department of Inland Fisheries and Wildlife. The director may restrict the scope of a permit to correspond with the classification of the guide license. Use of the permit is conditional upon the permittee:
A. Possessing a valid guide license;   [PL 1993, c. 555, §2 (NEW).]
B. Complying with any landowner campfire restrictions;   [PL 1993, c. 555, §2 (NEW).]
C. Complying with applicable out-of-door burning laws; and   [PL 1993, c. 555, §2 (NEW).]
D. Complying with out-of-door fire restrictions established by the director for the area in which and the time during which fires are made.   [PL 1993, c. 555, §2 (NEW).]
The director shall revoke the permit of any person who violates any condition or restriction established by this subsection. The director is not required to comply with the provisions of Title 4, chapter 5 or Title 5, chapter 375 in revoking a permit under this subsection.
[PL 1999, c. 547, Pt. B, §33 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
4.  Saco River Corridor.
For the purpose of issuing permits under this section, the lands within Oxford County within the Saco River Corridor, so designated by Private and Special Law 1973, chapter 150, as amended, shall be subject to the same requirements and procedures as lands within the unorganized territory.
[PL 1983, c. 556, §14 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1979, c. 663, §71 (AMD). PL 1981, c. 698, §81 (AMD). PL 1983, c. 556, §§13,14 (AMD). PL 1985, c. 108, §6 (AMD). PL 1989, c. 174, §6 (AMD). PL 1993, c. 555, §2 (AMD). PL 1999, c. 547, §B33 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9323. Slash and brush permits

§9323. Slash and brush permits
1.  Prohibition.
No person shall kindle or use a fire for clearing land or burning logs, stumps, roots, brush, slash, fields of grass, pasture or blueberry lands without a permit from the director.
[PL 1979, c. 545, §3 (NEW).]
2.  Jurisdiction.
The requirement for a permit under this section shall apply statewide.
[PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9326. Electronic issuance of permits

§9326. Electronic issuance of permits
The Director of the Bureau of Forestry shall develop or cause to be developed a system to electronically issue permits for burning in all areas of the State using a publicly accessible site on the Internet.   [PL 2013, c. 35, §1 (AMD); PL 2013, c. 405, Pt. A, §23 (REV).]
The system developed under this section for electronically issuing permits must provide a fire warden with the ability to change the criteria for issuing a permit in a municipality except for times when the director imposes more restrictive criteria or a ban on the issuance of permits.   [PL 2005, c. 12, Pt. U, §2 (NEW).]
A person may apply for a permit to burn using the Internet or as otherwise provided in this article. When a person applies for and is issued a permit electronically pursuant to this section, a fee may not be charged.   [PL 2021, c. 414, §1 (AMD).]
SECTION HISTORY
PL 2005, c. 12, §U2 (NEW). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 35, §1 (AMD). PL 2013, c. 405, Pt. A, §23 (REV). PL 2017, c. 449, §3 (AMD). PL 2021, c. 414, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9327. Private party burn permit software

§9327. Private party burn permit software
The Director of the Bureau of Forestry shall allow a municipality to use burn permit software acquired 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 private party burn permit software is in accordance with the criteria in section 9321.   [PL 2017, c. 449, §4 (NEW).]
1.  Approval.
The Director of the Bureau of Forestry shall approve private party burn permit software within 10 business days after a vendor or owner of a private party burn permit software system submits a request for review of the software to the director if the software submitted meets the requirements of this section and there are fewer than 2 private party burn permit software programs approved and in use pursuant to this section.
[PL 2017, c. 449, §4 (NEW).]
2.  Limit on private party burn permit software.
No more than 2 private party burn permit software programs may be approved and in operation in the State.
[PL 2017, c. 449, §4 (NEW).]
3.  Notification.
If the Director of the Bureau of Forestry does not approve the private party burn permit software that has been submitted for review under subsection 1, the director shall notify the vendor or owner of the private party burn permit software in writing of the reasons why the software has not been approved.
[PL 2017, c. 449, §4 (NEW).]
4.  Appeal.
A denial of approval of a private party burn permit software system is a final agency action that may be appealed in accordance with Title 5, chapter 375, subchapter 7.
[PL 2017, c. 449, §4 (NEW).]
5.  Fee.
If a person uses private party burn permit software to apply for a permit to burn, that person may not be charged a fee for the permit.
[PL 2017, c. 449, §4 (NEW).]
6.  Private party burn permit software charge.
A vendor or owner of a private party burn permit software system may charge a municipality for use of private party burn permit software approved under subsection 1.
[PL 2021, c. 414, §2 (AMD).]
7.  Application for burn permit not using private party burn permit software.
A person may not be required to apply for a permit to burn using private party burn permit software, but may apply as otherwise provided in this article.
[PL 2017, c. 449, §4 (NEW).]
8.  Rules.
The Director of the Bureau of Forestry may adopt rules relating to private party burn permit software requirements. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2017, c. 449, §4 (NEW).]
SECTION HISTORY
PL 2017, c. 449, §4 (NEW). PL 2021, c. 414, §2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9331. Slash defined

§9331. Slash defined
For the purposes of this Part "slash" is defined as branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted trees and shrubs left on the ground as a result of logging, right-of-way construction or maintenance and land clearance.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9332. Disposal along highways

§9332. Disposal along highways
A stumpage owner, operator, landowner or agent who cuts or causes or permits to be cut any forest growth on lands that are within or border the right-of-way of a public highway within the State shall dispose of the slash that is within the right-of-way or within 50 feet of the nearer side of the shoulder of the right-of-way as provided in this section.   [PL 1999, c. 332, §1 (RPR).]
1.  Slash may not remain.
Except as provided in this section, slash may not remain on the ground within the right-of-way or within 50 feet of the nearer side of the shoulder of the right-of-way.
[PL 1999, c. 332, §1 (NEW).]
2.  Slash with diameter of 3 inches or less.
Slash with a diameter of 3 inches or less must be hauled away, burned or chipped.
[PL 1999, c. 332, §1 (NEW).]
3.  Slash more than 3 inches in diameter.
Slash that is more than 3 inches in diameter must be removed or limbed and placed on the ground surface so that the pieces are separated and not piled one piece over another. Usable timber products generated from right-of-way maintenance may be piled within the right-of-way but must be removed within 30 days.
[PL 1999, c. 332, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1999, c. 332, §1 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9333. Disposal along railroads and utility lines

§9333. Disposal along railroads and utility lines
1.  Stumpage owner.
A stumpage owner, operator, landowner or agent who cuts or causes or permits to be cut any forest growth on lands that are within or border the right-of-way of a railroad, a pipeline or an electric power, telegraph, telephone or cable line may not place slash or allow it to remain on the ground within the right-of-way or within 25 feet of the nearer side of the right-of-way.
[PL 1999, c. 332, §1 (NEW).]
2.  Construction.
Slash accumulated by the construction and maintenance of a railroad, a highway, a pipeline or an electric power, telegraph, telephone or cable line may not be left on the ground but must be hauled away, burned or chipped. Slash may not be left or placed within the right-of-way or within 25 feet of the nearer side of the right-of-way. If a burning permit is denied or revoked under this chapter, the director may allow logs that are too large to be chipped to remain in the right-of-way until the director determines that their removal is economically feasible.
[PL 1999, c. 332, §1 (NEW).]
3.  Utility line maintenance.
Slash accumulated by the periodic maintenance of a pipeline or an electric power, telegraph, telephone or cable line may be disposed of in the following manner.
A. Slash with a diameter of 3 inches or less may be left in piles on the ground within the maintained portion of the right-of-way. A pile may not be higher than 18 inches from the ground or longer than 50 feet and must be separated from other piles by a minimum of 25 feet in every direction. A buffer strip with a minimum width of 10% of the total width of the maintained right-of-way must be kept totally free of slash with a diameter of 3 inches or less.   [PL 1999, c. 332, §1 (NEW).]
B. Slash with a diameter of more than 3 inches must be removed, chipped or limbed and placed on the ground surface. The pieces must be separated and may not be piled one piece over another. Slash of this size may be left within the maintained buffer strips.   [PL 1999, c. 332, §1 (NEW).]
C. If a utility line right-of-way is adjacent to a road, slash that is 3 inches or less in diameter must be removed, burned or chipped. Slash with a diameter of more than 3 inches may be left on the ground within the right-of-way and must be limbed and separated and may not be piled one piece over another. Usable timber products generated from the maintenance of a utility right-of-way may be piled within the right-of-way but must be removed within 30 days.   [PL 1999, c. 332, §1 (NEW).]
[PL 1999, c. 332, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1999, c. 332, §1 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9334. Removal of slash along land bordering on another

§9334. Removal of slash along land bordering on another
A person who, as stumpage owner, operator, landowner or agent, cuts, causes or permits to be cut any forest growth on land that borders land of another outside the limits of the unorganized territory or within the unorganized territory that borders property outside shall dispose of the slash in the manner described: the slash resulting from the cutting of forest growth may not remain on the ground within 25 feet of the property line, as long as the director on the director's own initiative or upon written complaint of another declares that the situation constitutes a fire hazard.   [RR 2021, c. 2, Pt. B, §69 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1983, c. 556, §15 (AMD). RR 2021, c. 2, Pt. B, §69 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9335. Removal of slash by dwelling houses

§9335. Removal of slash by dwelling houses
The director, by written notice to any stumpage owner, operator, landowner or agent cutting forest growth, may require the removal of slash within 100 feet of buildings and trailers currently used for human occupancy when, in the director's judgment, that slash constitutes an unusual hazard endangering other property through the setting or spreading of forest fires.   [RR 2021, c. 2, Pt. B, §70 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). RR 2021, c. 2, Pt. B, §70 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9336. Manner of

§9336. Manner of
All slash resulting from cutting of forest growth shall be removed the required distances under this Article and scattered or chipped and not piled in windrows within 30 days after cutting or within 30 days of notification to remove by the director, as provided.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9337. Primary processors

§9337. Primary processors
All primary processors of wood products, including, but not limited to, sawmills, except a person processing for that person's own domestic use, and owners of lands on which those processing plants are located shall keep any slash resulting from cutting forest growth removed for a distance of 50 feet in all directions from the mill, sawdust pile and any open incinerator. Live trees need not be removed from the 50-foot cleared area but coniferous trees must be pruned to a height of 10 feet above the ground and dead snags must be removed. The sawdust pile must be clear of all trees, free of slabs and edgings and located not less than 25 feet from any open incinerator and mill. All such processors and owners shall observe the slash provisions of this Article when on, or after change of, location.   [RR 2021, c. 2, Pt. B, §71 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). RR 2021, c. 2, Pt. B, §71 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 3: DISPOSAL OF SLASH › 12 §9338. Prohibition

§9338. Prohibition
Failure to comply with the slash disposal requirements of this Article shall subject the person responsible to a penalty as set forth in section 9701.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 4: PUBLIC CAMPSITES › 12 §9341. Establishment (REPEALED)

§9341. Establishment
(REPEALED)
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1985, c. 696, §1 (RPR). PL 1997, c. 678, §16 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 4: PUBLIC CAMPSITES › 12 §9342. Seasonal use only

§9342. Seasonal use only
No person may place any trailer, camper, shelter or tent from May 1st to November 30th at any public campsite maintained or authorized pursuant to section 1825, subsection 4 and keep that trailer, camper, shelter or tent so located, vacant or occupied, for more than 14 days in any 30-day period. Persons already having placed a trailer, camper, shelter or tent at such a campsite for more than 14 days shall remove any such item and leave at the request of the commissioner, the commissioner's designee or any fish and wildlife warden.   [PL 1997, c. 678, §17 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1985, c. 696, §2 (AMD). PL 1997, c. 678, §17 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 5: RAILROADS › 12 §9401. Patrol along tracks

§9401. Patrol along tracks
Whenever in the judgment of the director the woodlands along the railroads traversing the forest lands of the State are in a dry and dangerous condition, the director shall maintain a competent and efficient fire patrol along the right-of-way or lands of those railroads if, in the judgment of the director, a satisfactory railroad fire patrol is not being provided.   [RR 2021, c. 2, Pt. B, §72 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). RR 2021, c. 2, Pt. B, §72 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 5: RAILROADS › 12 §9402. Report of fires

§9402. Report of fires
All fires starting upon the right-of-way of any railroad or lands adjacent thereto shall be immediately reported to the forest ranger or town forest fire warden by any railroad employee stating the location and origin of such fire and, if the fire was started by a locomotive, the number thereof.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 5: RAILROADS › 12 §9403. Expense of fire patrol paid by railroad

§9403. Expense of fire patrol paid by railroad
The director shall keep, or cause to be kept, an account of the cost of maintenance by the State of such fire patrol along the line of such railroad, including therein the wages and expenses of the employees engaged in maintaining such fire patrol, and the total cost thereof shall be paid to the director by the railroad company along whose land or right-of-way such patrol is maintained. All such funds received by the director shall be credited to the General Fund.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 5: RAILROADS › 12 §9404. Liability of railroad not affected

§9404. Liability of railroad not affected
Nothing in sections 9401 to 9403 shall be construed as releasing any railroad company from any damage caused by fires set by their locomotives or employees.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 5: RAILROADS › 12 §9405. Removal of inflammable material (REPEALED)

§9405. Removal of inflammable material
(REPEALED)
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1987, c. 464, §1 (AMD). PL 1993, c. 271, §1 (RP). PL 1993, c. 271, §4 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 5: RAILROADS › 12 §9406. Devices to prevent fires

§9406. Devices to prevent fires
Every railroad operating locomotives powered by diesel or other type fuel shall equip the same with devices designed to prevent the escape of live coals, sparks or carbon deposits which may cause fires. Employees shall exercise due care to keep such devices in effective operating condition. Every such railroad shall make and enforce regulations concerning the use of open-flame type signals or flares in such manner as to prevent the spread of fire upon the right-of-way or to adjacent land. No person shall throw or drop burning matches, burning cigars, burning cigarettes or parts thereof from any railroad equipment.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 6: FIRE PREVENTION PRACTICES › 12 §9601. Spark arrester

§9601. Spark arrester
1.  Illegal operation.
A person is guilty of illegal operation of power-driven equipment if that person knowingly:
A. Operates power-driven equipment in, through or within 1,000 feet of forest lands without an approved spark arrester;   [PL 1989, c. 174, §7 (NEW).]
B. Requires the operation of power-driven equipment in, through or within 1,000 feet of forest lands without an approved spark arrester; or   [PL 1989, c. 174, §7 (NEW).]
C. Permits the operation of power-driven equipment owned by that person in, through or within 1,000 feet of forest lands without an approved spark arrester.   [PL 1989, c. 174, §7 (NEW).]
For the purposes of this section, "power-driven equipment" means vehicles, tools or other equipment with an internal combustion engine, but does not include boat motors.
Notwithstanding section 9701, any person who violates this subsection commits a Class E crime. In addition, if the State proves that while in violation of this section fires resulting from that person's power-driven equipment resulted in fire suppression costs to municipal or State Government, the court, as part of any sentence imposed, may, pursuant to Title 17‑A, chapter 69, order restitution to be paid to the government entities incurring the suppression costs in an amount not to exceed the limitations established in section 9321.
[PL 2019, c. 113, Pt. C, §18 (AMD).]
2.  Approved spark arresters.
Spark arresters shall be approved by the director if judged effective to prevent the escape of sparks, carbon deposits or other substances likely to cause fires. The director may permit the use of spark arresters certified by the United States Forest Service, Department of Agriculture.
[PL 1989, c. 174, §7 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1989, c. 174, §7 (RPR). PL 1991, c. 528, §E11 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E11 (AMD). PL 2019, c. 113, Pt. C, §18 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 6: FIRE PREVENTION PRACTICES › 12 §9601-A. Prohibition on sale of equipment without spark arresters

§9601-A. Prohibition on sale of equipment without spark arresters
No person may sell or offer to sell any internal combustion all-terrain vehicle, chain saw or skidder in this State that has not been provided with a spark arresting device approved by the director. This prohibition does not apply to casual sales as defined in Title 36, section 1752.   [PL 1989, c. 174, §8 (AMD).]
SECTION HISTORY
PL 1983, c. 104 (NEW). PL 1989, c. 174, §8 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 6: FIRE PREVENTION PRACTICES › 12 §9602. Obstruction of discontinued woods roads prohibited

§9602. Obstruction of discontinued woods roads prohibited
A person, unless authorized by the director, may not obstruct any improved woods road or way used for the removal of forest growth, upon the discontinuance from use or abandonment of the road or way, if it may be reasonably utilized for preventing or suppressing forest fires. This provision does not prohibit a landowner from exercising the landowner's right to close or cause to be closed woods roads or ways by chains or gates.   [RR 2021, c. 2, Pt. B, §73 (COR).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). RR 2021, c. 2, Pt. B, §73 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 7: FOREST FIRE ADVISORY COUNCIL › 12 §9621. Forest Fire Advisory Council (REPEALED)

§9621. Forest Fire Advisory Council
(REPEALED)
SECTION HISTORY
PL 1983, c. 556, §16 (NEW). PL 1983, c. 812, §94 (AMD). PL 1989, c. 502, §A37 (AMD). PL 1991, c. 622, §S24 (RP).