Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1450S.P. 591 In Senate, April 3, 2025 An Act Regarding the Voluntary Municipal Farm Support Program Reference to the Committee on Agriculture, Conservation and Forestry suggested and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator TIPPING of Penobscot. Cosponsored by Representative FROST of Belgrade and Senators: BICKFORD of Androscoggin, BRENNER of Cumberland, HICKMAN of Kennebec, INGWERSEN of York, NANGLE of Cumberland, TALBOT ROSS of Cumberland, Representatives: ARCHER of Saco, BECK of South Portland. Page 1 - 132LR1755(01) 1 2 as amended, is repealed. 3 is enacted to read: 4 5 6 7 As used in this chapter, unless the context otherwise indicates, the following terms 8 have the following meanings. 9 "Department" means the Department of Agriculture, Conservation and 10 Forestry. 11 12 that meets requirements established by the department by rule under which: 13 A. The owner of qualified farmland grants to a municipality a qualified easement; and 14 B. The municipality obligates itself to make farm support payments. 15 "Farm support payments" means annual payments by a 16 municipality during the term of a qualified easement: 17 A. In an amount up to 100% of the annual property taxes assessed by that municipality 18 against land and buildings subject to a qualified easement up to the fair market value 19 of the easement; and 20 B. To the person against whom the property taxes are assessed. 21 "Qualified easement" means an agricultural conservation 22 easement held by a municipality on qualified farmland in that municipality that: 23 A. Meets standards adopted by rule by the department designed to ensure that no 24 development other than development related to agricultural use occurs on the qualified 25 farmland; and 26 B. Is limited to a term of not less than 10 years. 27 "Qualified farmland" means farmland that meets eligibility 28 requirements established by the department by rule. 29 30 31 to protect and support local farms, preserve farmland and reduce the fiscal burden for 32 participating municipalities that results from new development in rural areas. Under this 33 program, a municipality may enter into farm support arrangements with the owners of 34 qualified farmland. 35 A. A farm support arrangement must be approved by majority vote of the municipality's 36 legislative body or municipal officers or by a municipal employee or committee Page 2 - 132LR1755(01) 37 appointed by municipal officers and designated to review and approve farm support 38 arrangements. 3 B. Unless approved by a 2/3 vote of the municipality’s legislative body, the 4 municipality may not enter into farm support arrangements: 5 (1) Affecting more than 3% of the total annual valuation of taxable land in the 6 municipality; or 7 (2) In any calendar year, affecting more than 1% of the total annual valuation of 8 taxable land in the municipality. 9 A farm support arrangement may not diminish the 10 eligibility of qualified farmland for participation in tax benefits under chapter 105, 11 subchapter or 10 or for consideration under Title 5, Part 15-A by the Land for Maine’s 12 Future Board. 13 A farm support arrangement, once finally executed, is binding on the 14 municipality. A municipality may not cease to make payments under the arrangement 15 unless the land subject to the qualified easement is taken by eminent domain or state law 16 otherwise authorizes the payments to cease. In the event that a municipality’s obligation to 17 make farm support payments ceases, the farm support arrangement and the related qualified 18 easement are void and may not be given effect and the municipality shall provide notice of 19 this fact to the owner of the qualified farmland and record that notice with the appropriate 20 registry of deeds. 21 The department shall adopt rules governing this chapter. Rules adopted under 22 this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 23 24 25 This bill changes the allocation of the Voluntary Municipal Farm Support Program 26 from the Maine Revised Statutes, Title 7, which contains laws governing agriculture, to 27 Title 36, which contains laws governing taxation. The program includes laws governing 28 farm support arrangements. The bill also reduces the minimum term of a qualified easement 29 from 20 years to 10 years and allows the municipal officers or a municipal employee or 30 committee appointed by the municipal officers to review and approve farm support 31 arrangements. 1 2 25 26 27 28 29 30 31