Sec. 1. 7 MRSA §318, sub-§2, ¶B, as enacted by PL 1999, c. 763, §1, is amended to read:

B. The degree of threat to the continuation of agricultural use of the land due to factors such as the financial capacity and current farm management practices of the applicant and development pressures in the area where the farm is located.

Sec. 2. 7 MRSA §318, sub-§4, as enacted by PL 1999, c. 763, §1, is repealed.

Sec. 3. 7 MRSA §319, sub-§2, ¶B, as enacted by PL 1999, c. 763, §1, is amended to read:

B. The degree of threat to the continuation of agricultural use of the land due to factors such as the financial capacity and current farm management practices of the applicant and development pressures in the area where the farm is located; and

Sec. 4. 7 MRSA §319, sub-§4, as enacted by PL 1999, c. 763, §1, is amended to read:

4. Farmland protection agreement. A selected farm must enter into a 2nd 5-year farmland protection agreement with the department before the department provides investment support pursuant to this section. The agreement must provide that the farm will protect the land in agricultural use from nonagricultural development for the period of the agreement. The 5-year term of the 2nd farmland protection agreement must run consecutively with a first farmland protection agreement entered into by the selected farm pursuant to section 318. A selected farm may terminate a 2nd the farmland protection agreement at any time if the farm repays the department for any funds provided to the farm by the department pursuant to this section.

SUMMARY

This bill eliminates the need for farmers to enter into a farmland protection covenant with the State as a condition for state funding for development of a business plan. It also makes all farmers eligible rather than just those who face development pressure.