Sec. 1. 17 MRSA §2511 is enacted to read:

§2511.__Trees growing on boundary line

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Common property" means anything with value that is undivided and jointly owned by 2 or more people.

B.__"Cutting" means cutting, chopping, sawing or felling.

C.__"Established property line" means a line demarcated by monuments, signs, markings, pins, reference points or other markers that denotes a change in ownership between abutting properties.__These established property line markers must have been placed upon mutual agreement of the abutting landowners, based on historical physical evidence of a preexisting boundary line, or by a licensed professional surveyor pursuant to Title 32, chapter 121.

D.__"Landowner representative" means a person, firm, company, corporation or other legal entity representing the landowner in timber sales or land management.

E.__"Line tree" means a tree whose main stem or trunk is straddling the established property line dividing 2 or more properties owned by different persons.__A line tree growing on an established property line is common property between abutters.

F.__"Timber harvesting" means the cutting or removal of timber for the primary purpose of selling or processing forest products.

2.__Prohibitions.__The following acts are prohibited.

A.__A person who fails to mark property lines in accordance with this paragraph commits a civil violation.__A landowner, landowner representative or designated agent who authorized timber harvesting or in fact cuts or harvests timber shall clearly mark any established property lines that are within 200 feet of the area to be cut.__The marking of property lines must be completed prior to commencing the cutting or timber harvesting operations.