Maine Department of Agriculture, Conservation, and Forestry - State Land Easement (3-ME-f)
Department of Agriculture, Conservation, and Forestry - State Land Easement Process
3-ME-f.1 to 3-ME-f.2 – Determine State Land Management Agency with Jurisdiction
Depending on where a project is located, a project developer may need to correspond with different state land management agencies and fulfill various requirements to obtain a state land right-of-way. At the outset of a project, the developer should determine the land management agency having jurisdiction over the land and contact the appropriate agency.
3-ME-f.3 to 3-ME-f.4 – Does the Project Cross State Reserved or Nonreserved Land?
The Maine Bureau of Parks and Lands under the Maine Department of Agriculture, Conservation, and Forestry (“DACF”) has jurisdiction over state lands including public reserved and nonreserved lands. Me. Rev. Stat. tit 12, § 1803(1)(B). State reserved lands include “all the public reserved lots of the State...all lands acquired with proceeds from the sale of public reserved lands; all lands received by the State in exchange for or pursuant to relocation of public reserved lands; and all lands acquired by the State and expressly designated as public reserved lands by the director or otherwise by law.” Me. Rev. Stat. tit 12, § 1801(8).
Nonreserved lands include “all public domain lands, public islands and coastal water…lands acquired by the bureau pursuant to other lawful authority and any other lands the management and control of which are not otherwise provided for by law.” Me. Rev. Stat. tit 12, § 1801(6). The DACF may lease reserved and nonreserved public land to utilities for a maximum term of 25 years, to “set and maintain or use poles [for] electric power transmission…facilities.” Me. Rev. Stat. tit 12, § 1852(4)(A); Me. Rev. Stat. tit 12, § 1838(4)(A). If the proposed project encompasses state reserved or nonreserved lands then the project developer should consult the DACF to initiate a review process for obtaining an easement for transmission development.
3-ME-f.5 – Proposal for Consideration of an Easement
In corresponding with the DACF, the developer should identify the parcel for development and submit any proposals (Proposal for Consideration) to the DACF for internal review.
3-ME-f.6 to 3-ME-f.7 – Review Proposal Materials for Completeness
The DACF must review a Proposal for Consideration for an Easement for administrative and technical completeness.
3-ME-f.8 to 3-ME-f.10 – Review Proposal for Consideration of an Easement for Approval
The DACF reviews the Proposal for Consideration of an Easement for approval. If the DACF approves the Proposal for Consideration of an Easement, then the project developer obtains an Approved Easement from the DACF. Obtaining an easement from the DACF will also likely require review and approval from the Governor’s office.
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- Maine – Me. Rev. Stat. tit 12, §§ 1803 et seq., General powers and duties of the bureau
- Maine – Me. Rev. Stat. tit 12, §§ 1801 et seq., Definitions
- Maine – Me. Rev. Stat. tit 12, §§ 1852 et seq., Transfer or lease of public reserved land
- Maine – Me. Rev. Stat. tit 12, §§ 1838 et seq., Transfer or lease of nonreserved public lands