A.__A person may not operate an ATV:

(1)__On a salt marsh, intertidal zone, marine sand beach, sand dune or any cemetery, burial place or burying ground; or

(2)__When the ground is not frozen and sufficiently covered with snow to prevent direct damage to the vegetation:

(a)__On alpine tundra;

(b)__On a freshwater marsh or bog, river, brook, stream, great pond, nonforested wetland or vernal pool; or

(c)__In a source water protection area as defined in Title 30-A, section 2001, subsection 20-A.

The provisions of this subparagraph do not apply to a trail designated for ATV use by the Department of Conservation.__The provisions of this subparagraph also do not apply to a person accessing land for maintenance or inspection purposes with the landowner's permission or to local, state or federal government personnel in the performance of official duties, provided there is no significant ground disturbance or sedimentation of water bodies.

Sec. 28. 12 MRSA §13157-A, sub-§22, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed and the following enacted in its place:

22.__Abuse of another person's property.__A person may not while operating an ATV:

A.__Tear down or destroy a fence or wall on another person's land;

B.__Leave open a gate or bars on another person's land;

C.__Trample or destroy crops on another person's land; or

D.__Remove or destroy signs or posted notices.

A person who violates this subsection commits a Class E crime.