3.__Exemptions.__The following are exempt from this section:

A.__The Department of Transportation in the performance of activities under Title 23, section 701;

B.__Public utilities engaged in maintaining adequate facilities in emergencies in compliance with Title 35-A, section 301; and

C.__Municipal employees, persons contracting with a municipality or other legitimate agents of a municipality acting within the course and scope of their employment or performing volunteer work for the municipality by removing trees obstructing a public way or fallen trees or in emergencies.

SUMMARY

This bill:

1. Requires persons cutting or harvesting trees near a property boundary line to clearly mark the property boundary line;

2. Prohibits the cutting or harvesting of trees growing on a property boundary line unless prior approval is obtained from owners of the abutting property; and

3. Provides an exemption for tree cutting performed by the Department of Transportation, public utilities or municipal employees or agents.