York Town News
Hill's "Tree Bill" becomes law
By Jennifer L. Saunders
YORK and OGUNQUIT - Legislative Document 340, proposed by local legislator Rep. Dawn Hill, D-York, has become the law of the land after receiving strong support in the legislature and the governor's endorsement.
The bill, entitled "An Act To Require the Replacement of Trees Cut in Shoreland Areas," was recently signed into law by Gov. John Baldacci.
Deemed a "Maine Quality of Place Law," it is an original and first primary piece of legislation sponsored by Hill, who is a freshman representative for District 149, which includes Ogunquit and parts of York, Kittery and Wells.
"In short, the bill amends existing law to require a person who cuts trees or under-story vegetation in violation of the laws regulating shoreland zoning or a shoreland zoning ordinance, to replace the tree or under-story vegetation with a tree or under-story vegetation of substantially similar size and species to the extent available and feasible," Hill noted in an announcement of the bill's passage.
Timber harvesting, however, is exempt from the requirements.
LD 340 received unanimous committee vote and strong bipartisan support without debate during a roll call vote on the House floor.
"This is the most exciting bill I have seen come before the Natural Resources Committee in my six years," commented Committee Chairman Rep. Theodore Koffman, D-Bar Harbor, in a prepared statement. "Too often we see flagrant violations of tree cutting standards along Maine's lakes and coastline, by individuals willing to pay substantial fines in order to buy a view."
During the initial public hearing, committee members heard testimony of fines being assessed in excess of $10,000 dollars per violation, but no clear way for a municipality to manage a restoration of the violation after the fact. With the new law, future violators will be required to pay for and provide a restoration plan designed by a state licensed forester - in addition to paying fines. The Maine Department of Environmental Protection is currently drafting the restoration guidelines.
Town officials from Kittery, York and Kennebunkport traveled to Augusta to speak in favor of the bill during the public hearing process.
"The issue," Hill explained, "is that there are existing shoreland laws in the state of Maine designed to protect Maine's Natural Resources. ... I strongly support property owner's rights, but willingly and knowingly violating Maine's shoreland tree management laws simply to obtain a better a view, or increase land value by paying a fine, is wrong. My bill is about deterring these actions in the first place."
In addition to the majority of legislators and the governor, the bill also had the support of the Maine DEP, Maine Municipal Association, Maine Chapter of the Nature Conversancy, Maine Chapter of the Audubon Society and a lobbyist's representative for the Maine Real Estate and Developer's Association.
On May 2, in Roll Call Vote 44 of the Maine House of Representatives, the bill passed with strong bipartisan support. A total of 114 legislators voted in favor of the bill, while only 21 voted in opposition. Another 15 legislators were absent from the vote. To pass, the bill only required 68 votes.
LD 340 will become state law 90 days after the legislature adjourns at the end of June.
