LD 2097
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Page 1 of 2 An Act to Implement the Recommendations of the Committee to Study Access to Pri... LD 2097 Title Page
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LR 3347
Item 1

 
the State and classified under the Maine Tree Growth Tax Law.__
Using information received under Title 36, sections 581-E and 581-
F, the director shall monitor the number of parcels classified
under the Maine Tree Growth Tax Law and the distribution of parcels
by size.__The biennial report must include information on the
number of parcels, classified by size categories, for the organized
and unorganized territories of the State.__The information must be
presented in a manner that facilitates comparison from year to
year.

 
In assessing changes in forest land ownership, the director shall
also consider information reported pursuant to Title 36, sections
305 and 2728.__The director shall provide a summary of changes in
ownership of forest land in the biennial report.

 
Sec. 3. 36 MRSA §305, sub-§5, as enacted by PL 1973, c. 620, §10, is
amended to read:

 
5. Rules and regulations. Promulgate, after appropriate
notice and hearing, all rules and regulations necessary to carry
into effect any of its duties and responsibilities.; and

 
Sec. 4. 36 MRSA §305, sub-§6 is enacted to read:

 
6.__Report on changes in land ownership.__On or before
September 1st of each year, report to the Commissioner of
Conservation, the Commissioner of Inland Fisheries and Wildlife,
the Director of the State Planning Office within the Executive
Department and the joint standing committee of the Legislature
having jurisdiction over public lands on the transfer in
ownership of parcels of land 10,000 acres or greater within the
unorganized territory of the State.__Using information maintained
by the State Tax Assessor under section 1602 and section 4641-D,
the bureau shall provide information for each transfer that
includes:

 
A.__Name of the seller;

 
B.__Name of the buyer;

 
C.__Number of acres transferred;

 
D.__Classification of land;

 
E.__Location by township and county;

 
F.__Sale price; and

 
G.__A brief description of the property.

 
Sec. 5. 36 MRSA §581-F is enacted to read:

 
§581-F.__Report to the Bureau of Forestry on land in unorganized

 
territory

 
On or before September 1st of each year, the State Tax
Assessor shall provide to the Department of Conservation, Bureau
of Forestry information on land within the unorganized territory
taxed according to this subchapter.__The information must include
the number of parcels enrolled, classified by parcel size
categories.__The State Tax Assessor shall consult with the
Director of the Bureau of Forestry in determining the parcel size
categories and shall provide the information in a consistent
format to facilitate comparison from year to year.

 
Sec. 6. 36 MRSA §1102, sub-§6, as amended by PL 1989, c. 748, §1, is
further amended to read:

 
6. Open space land. "Open For land first classified under
this subchapter on or before April 1, 2002, "open space land"
means any area of land, including state wildlife and management
areas, sanctuaries and preserves designated as such in Title 12,
the preservation or restriction of the use of which provides a
public benefit in any of the following areas:

 
A. Conserving scenic resources;

 
B. Enhancing public recreation opportunities;

 
C. Promoting game management; or

 
D. Preserving wildlife or wildlife habitat.

 
Open space land first subject to classification under this
subchapter after April 1, 2002, in addition to meeting the other
requirements of this subsection, must be open to the public
without charge for year-round, nonmotorized recreation, including
fishing, hunting, cross-country skiing, hiking and nature
observation.__Land is not disqualified from classification as
open space land if the landowner imposes temporary or localized
public access restrictions to protect active habitat of
endangered species listed under Title 12, chapter 713, subchapter
V; prevent destruction or harm to fragile protected natural
resources under Title 38, chapter 3, subchapter I, article 5-A;
or protect the recreational user from any hazardous area.

 
Sec. 7. 36 MRSA §1106-A, sub-§4 is enacted to read:

 
4.__Percentage reduction for land first classified after April
1, 2002.__All land first classified as open space land

 
after April 1, 2002 is entitled to the reduction provided in
subsection 2, paragraph D.

 
Sec. 8. 36 MRSA §2728 is enacted to read:

 
§2728.__Report on ownership of commercial forest land by size of

 
ownership

 
On or before September 1st of each year, the State Tax
Assessor shall provide the Director of the Bureau of Forestry
within the Department of Conservation with information on the
number of landowners filing tax returns in accordance with this
chapter, including a breakdown of the number of landowners by
acreage categories.__The State Tax Assessor shall consult with
the Director of the Bureau of Forestry in determining the acreage
categories and shall provide the information in a consistent
format to facilitate comparison from year to year.

 
Emergency clause. In view of the emergency cited in the preamble,
this Act takes effect when approved.

 
1.

 
SUMMARY

 
This bill requires a person submitting a proposal for funding
from the Land for Maine's Future Fund or the Public Access to
Maine Waters Fund to provide information on the anticipated
management of the property and costs associated with the
management of the property and monitoring for compliance with
easements acquired.

 
It requires the Director of the Bureau of Forestry within the
Department of Conservation to include information on changes in
ownership of forest land and parcel size in the biennial state of
the forest report using information currently available from the
Department of Administrative and Financial Services, Bureau of
Revenue Services and information reported to the bureau by
municipalities.

 
It requires the Bureau of Revenue Services to report on land
transfers of parcels 10,000 acres and greater in the unorganized
territory.

 
It requires the State Tax Assessor to report annually to the
Bureau of Forestry on the number of parcels in the unorganized
territory taxed under the Maine Tree Growth Tax Law with a
breakdown by parcel size categories.

 
It requires land initially enrolled as open space land after
April 1, 2002 to be open to the public for nonmotorized
recreation.

 
It requires the State Tax Assessor to report annually on the
number of landowners owning 500 acres or more of commercial
forest land, including a breakdown of the number of landowners by
acreage categories.


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