Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1623H.P. 1077House of Representatives, April 15, 2025 An Act to Amend Certain Fish and Wildlife Laws Related to Landowner Representation Regarding Abandoned Property Received by the Clerk of the House on April 11, 2025. Referred to the Committee on Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. ROBERT B. HUNT Clerk Presented by Representative DILL of Old Town. Cosponsored by Representatives: BRIDGEO of Augusta, CRAY of Palmyra, MASON of Lisbon, ROBERTS of South Berwick, THORNE of Carmel. Page 1 - 132LR1540(01) 1 2 as amended by PL 2021, c. 54, §2, is further 3 amended to read: 4 A. A person may not: 5 (1) Tear down or destroy any fence or wall on another person's land; 6 (2) Leave open any gate or bars on another person's land; 7 (3) Trample or destroy any crop on another person's land; 8 (4) Damage or destroy a tree on another person's land by inserting into that tree 9 any metallic or ceramic object to be used as, or as part of, a ladder or observation 10 stand unless the person has the permission of the landowner or the landowner's 11 representative; 12 (5) Erect or use either a portable or permanent ladder or observation stand on the 13 land of another person unless: 14 (a) That person has obtained oral or written authorization to erect and use a 15 ladder or observation stand from the landowner or the landowner's 16 representative; and 17 (b) The ladder or observation stand is plainly labeled with a 2-inch by 4-inch 18 tag identifying the name and address of the person or persons authorized by 19 the landowner or the landowner's representative to use the ladder or 20 observation stand. 21 This subparagraph does not apply to a portable ladder or observation stand that is 22 located on land within the jurisdiction of the Maine Land Use Planning 23 Commission and attended by the person who owns the ladder or observation stand. 24 For purposes of this subparagraph, "observation stand" does not include a portable 25 blind utilized at ground level that remains in the physical possession of the hunter; 26 or . 27 If the landowner or the landowner's representative finds an abandoned ladder or 28 observation stand on the landowner's land in violation of this subparagraph and the 29 owner of the abandoned ladder or observation stand is unknown, the landowner or 30 the landowner's representative may, after consultation with the Bureau of Warden 31 Service, take ownership of the abandoned ladder or observation stand. The 32 landowner or the landowner's representative may remove, destroy, sell or possess 33 the abandoned ladder or observation stand. For the purposes of this subparagraph, 34 "abandoned ladder or observation stand" means a ladder or observation stand left 35 on property not owned by the person who owns the ladder or observation stand 36 without permission of the landowner or the landowner's representative; or 37 (6) Destroy, tear down, deface or otherwise damage a property posting sign under 38 Title 17‑A, section 402, subsection 4. 39 as affected by PL 2003, c. 614, §9, amended by 40 c. 655, Pt. B, §382 and affected by §422, is further amended to read: Page 2 - 132LR1540(01) 1 2 another shall stop and identify themselves upon the request of the landowner or the 3 landowner's duly authorized representative. A person who violates this subsection commits 4 a Class E crime. 5 as enacted by PL 2003, c. 655, Pt. B, §394 6 and affected by §422, is amended to read: 7 8 another shall stop and identify themselves upon the request of the landowner or the 9 landowner's duly authorized representative. 10 A person who violates this subsection commits a Class E crime. 11 as amended by PL 2021, c. 526, §2, is further 12 amended to read: 13 14 as provided in this subsection. A resident who has registered an oversized ATV prior to 15 January 1, 2022 may continue to register that oversized ATV upon payment of the fee 16 specified in subsection 5, paragraph A, and upon a transfer of ownership of that registered 17 oversized ATV, the new owner may also register that oversized ATV upon payment of the 18 fee specified in subsection 5, paragraph A. Registration is not required for an oversized 19 ATV operated by a person on the land of another if written permission is received from the 20 landowner or , lessee of the land or landowner's representative and the person is engaged 21 solely in a business activity, other than a business activity involving recreational use of the 22 oversized ATV. For purposes of this subsection, "oversized ATV" means an ATV that is 23 wider than 65 inches or weighs more than 2,000 pounds according to the manufacturer's 24 specifications. 25 as amended by PL 2021, c. 215, §11, is 26 further amended to read: 27 28 without the permission of the landowner or, lessee or landowner's representative. 29 Permission is presumed on designated state-approved ATV trails or in areas open to ATVs 30 by landowner policy. A landowner or, lessee or landowner's representative may limit the 31 use of a designated state-approved ATV trail on that landowner's or lessee's property 32 through agreements with the State or an ATV club to address environmental, public safety 33 or management concerns, including by limiting the type, size and weight of ATVs 34 permitted on the landowner's or lessee's property. A person operating an ATV, including 35 an oversized ATV, on designated state-approved ATV trails shall adhere to limitations 36 imposed by a landowner or, lessee or landowner's representative and the State on that part 37 of the designated state-approved ATV trail on the landowner's or lessee's property in 38 accordance with this subsection. Written permission of the landowner or, lessee or 39 landowner's representative is required for use of an ATV on cropland or pastureland or in 40 an orchard. A landowner, lessee or landowner's representative may limit in writing the use 41 of a designated state-approved ATV trail on that landowner's or lessee's property. As used 42 in this subsection, "cropland" means acreage in tillage rotation, land being cropped and 43 land in bush fruits and "pastureland" means acreage devoted to the production of forage 44 plants used for animal production. For purposes of this subsection, "oversized ATV" has Page 3 - 132LR1540(01) 45 the same meaning as defined in section 13155, subsection . Nothing in this This 46 subsection may not be construed to limit or expand a landowner's or lessee's property rights. 3 A. A person who violates this subsection commits a civil violation for which a fine of 4 not less than $100 or more than $500 may be adjudged. 5 B. A person who violates this subsection after having been adjudicated of having 6 committed 3 or more civil violations under this Part within the previous 5-year period 7 commits a Class E crime. 8 as enacted by PL 2003, c. 655, Pt. B, §414 9 and affected by §422, is amended to read: 10 11 shall stop and identify themselves upon the request of the landowner, lessee or the 12 landowner's duly authorized representative. A person who violates this subsection commits 13 a Class E crime. 14 as enacted by PL 2005, c. 397, Pt. E, 15 §26 and amended by PL 2011, c. 657, Pt. W, §5, is further amended by amending 16 subparagraph (2) in the first blocked paragraph to read: 17 The provisions of this subparagraph do not apply to a trail designated for ATV use 18 by the Department of Agriculture, Conservation and Forestry. The provisions of 19 this subparagraph also do not apply to a person accessing land for maintenance or 20 inspection purposes with the landowner's permission or the landowner's 21 representative's permission or to local, state or federal government personnel in the 22 performance of official duties, provided as long as there is no significant ground 23 disturbance or sedimentation of water bodies. 24 as enacted by PL 2013, c. 382, §1, is amended to read: 25 26 27 28 that records images or data of any kind while unattended outside on the private property of 29 another without the written consent of the landowner or the landowner's representative, 30 unless the placement is pursuant to a warrant. 31 32 described in subsection 1 on the private property of another with the written consent of the 33 landowner or the landowner's representative or pursuant to a warrant shall label the camera 34 or electronic surveillance equipment with that person's name and contact information. 35 36 A landowner or the landowner's representative may remove or disable a camera or 37 electronic surveillance equipment placed on the landowner's private property in violation 38 of this section. If the landowner or the landowner's representative finds an abandoned 39 camera or electronic surveillance equipment on the landowner's land in violation of this 40 section and the owner of the abandoned camera or electronic surveillance equipment is 41 unknown, the landowner or the landowner's representative may, after consultation with the 42 Bureau of Warden Service, take ownership of the abandoned camera or electronic 43 surveillance equipment. The landowner or the landowner's representative may remove, 1 2 Page 4 - 132LR1540(01) 44 destroy, sell or possess the abandoned camera or electronic surveillance equipment. For 45 purposes of this section, "abandoned camera or electronic surveillance equipment" means 46 a camera or electronic surveillance equipment left on property not owned by the person 47 who owns the camera or electronic surveillance equipment without permission of the 48 landowner or the landowner's representative. 6 This section does not prohibit the following: 7 A. The use of a camera to deter theft or vandalism of a motor vehicle when the motor 8 vehicle is temporarily parked; or 9 B. The use of implanted or attached electronic devices to identify, monitor and track 10 animals. 11 12 fine of not more than $500 may be adjudged. 13 14 This bill allows a landowner's representative to act on behalf of a landowner regarding 15 the placement of a ladder, an observation stand, a camera or electronic surveillance 16 equipment or the operation of an all-terrain vehicle on the landowner's property. It requires 17 persons operating all-terrain vehicles upon the land of another to stop and identify 18 themselves upon the request of the lessee of the land. It provides that a landowner, lessee 19 or landowner's representative may limit in writing the use of a designated state-approved 20 ATV trail on that landowner's or lessee's property. It provides that if a landowner or 21 landowner's representative finds an abandoned ladder, an observation stand, a camera or 22 electronic surveillance equipment on the landowner's land in violation of law and the owner 23 of the ladder, observation stand, camera or electronic surveillance equipment is unknown, 24 the landowner or the landowner's representative may, after consultation with the 25 Department of Inland Fisheries and Wildlife, Bureau of Warden Service, take ownership 26 of the abandoned ladder, observation stand, camera or electronic surveillance equipment. 27 The landowner or the landowner's representative may remove, destroy, sell or possess the 28 abandoned ladder, observation stand, camera or electronic surveillance equipment. 1 2 3 4 5 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28