7 §151. Short title
§151. Short title This Act may be known and cited as “the Maine Agriculture Protection Act.” [PL 2007, c. 649, §3 (NEW).] SECTION HISTORY PL 2007, c. 649, §3 (NEW).
7 §152. Definitions
§152. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 649, §3 (NEW).] 1. Agricultural composting operation. “Agricultural composting operation” means composting that takes place on a farm. “Agricultural composting operation” does not include an operation that involves nonorganic municipal solid waste […]
7 §153. Farm; farm operation or agricultural composting operation not a nuisance
§153. Farm; farm operation or agricultural composting operation not a nuisance A farm, farm operation or agricultural composting operation may not be considered a public or private nuisance under Title 17, chapter 91 if the farm, farm operation or agricultural composting operation alleged to be a nuisance is in compliance with applicable state and federal […]
7 §154. Violation of municipal ordinances
§154. Violation of municipal ordinances A farm operation or agricultural composting operation located in an area where agricultural activities are permitted may not be considered a violation of a municipal ordinance if the farm operation or agricultural composting operation conforms to best management practices as determined by the commissioner in accordance with section 153, subsection […]
7 §155. Application; municipal ordinances
§155. Application; municipal ordinances This chapter does not affect the application of state and federal laws. A municipality must provide the commissioner with a copy of any proposed ordinance that affects farm operations or agricultural composting operations. The clerk of the municipality or a municipal official designated by the clerk shall submit a copy of […]
7 §156. Complaint resolution
§156. Complaint resolution The commissioner shall investigate all complaints involving a farm, farm operation or agricultural composting operation, including, but not limited to, complaints involving the use of waste products, groundwater and surface water pollution and insect infestations. In cases of insect infestations not arising from agricultural activities, when the State Entomologist believes that the […]
7 §157. Good faith
§157. Good faith The Maine Rules of Civil Procedure, Rule 11 applies in any private action filed against the owner or operator of a farm, farm operation or agricultural composting operation in which it is alleged that the farm, farm operation or agricultural composting operation constitutes a nuisance if it is determined that the action […]
7 §158. Failure to adopt best management practices
§158. Failure to adopt best management practices If the person responsible for a farm, farm operation or agricultural composting operation does not apply best management practices as required by the commissioner, the commissioner shall send a written report to an appropriate agency if a federal or state law has been violated and to the Attorney […]
7 §159. Agricultural Complaint Response Fund
§159. Agricultural Complaint Response Fund There is established the nonlapsing Agricultural Complaint Response Fund. The commissioner may accept from any source funds designated to be placed in the fund. The commissioner may authorize expenses from the fund as necessary to investigate complaints involving a farm, farm operation or agricultural composting operation and to abate conditions […]
7 §160. Educational outreach
§160. Educational outreach The commissioner shall conduct an educational outreach program for the agricultural community to increase awareness of the provisions of this chapter and the best management practices of the department. The commissioner shall inform the public about the provisions of this chapter, the complaint resolution process adopted by the department and state policy […]
7 §161. Rules
§161. Rules The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act to interpret and implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. [PL 2007, c. 649, §3 (NEW).] SECTION HISTORY PL 2007, c. 649, §3 (NEW).
7 §162. Maine Farm Agricultural Resource Management and Sustainability recognition program
§162. Maine Farm Agricultural Resource Management and Sustainability recognition program The commissioner shall establish a process for designating Maine Farm Agricultural Resource Management and Sustainability recipients according to this section. This designation provides farmers an opportunity to recognize their commitment to sustainable agricultural practices and long-term resource management and to increase public awareness of agricultural […]
7 §163. Pilot program for establishing agricultural districts and agriculture enhancement groups
§163. Pilot program for establishing agricultural districts and agriculture enhancement groups The commissioner may establish a pilot program to examine the effectiveness of agricultural districts in keeping farmland in agricultural production and enhancing the profitability of farming. For the purposes of this section, “pilot program” means an agricultural districts program that allows farmers to propose […]
7 §164. Maine Working Farmland Access and Protection Program
§164. Maine Working Farmland Access and Protection Program 1. Program established; administration. The Maine Working Farmland Access and Protection Program, referred to in this section as “the program,” is established to provide protection to strategically significant working farmland properties as defined in Title 5, section 6201, subsection 4‑A whose continued availability to commercial agricultural businesses […]