HP0789, LD 1126, item 1, An Act To Support Tourism on Public Reserved Lands by Leasing Sites to Commercial Sporting Camps

An Act To Support Tourism on Public Reserved Lands by Leasing Sites to Commercial Sporting Camps

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §1852, sub-§5, as amended by PL 2005, c. 462, Pt. C, §1 and affected by §2, is further amended to read:

5. Lease of public reserved land for private uses. The director may lease campsites, observation stands, shelters, garages, depots, warehouses and other structures located on public reserved land, or sites for the same, for a term not exceeding 5 years and also:

A. May grant options to renew such leases for a further term not to exceed 15 years in the case of a commercial use that in the judgment of the director requires the option to secure adequate financing for the maintenance or improvement of facilities located on public reserved land;

B. In the case of leases acquired by the State on lands exchanged for public reserved lands, shall authorize, upon reasonable terms and conditions, the transfer of leasehold interests from one lessee of a residential campsite to another; and

C. With respect to persons with residential leasehold interests in public reserved lands on October 1, 1975 or on lands exchanged for public reserved lands or on lands acquired with Land for Maine's Future Board funds with respect to residential and camp owner leases in existence on or before November 30, 2005, shall enter into new leasehold agreements with those persons and thereafter renew those leases from time to time on reasonable terms and conditions as long as the lessee complies with the terms and conditions of the leases and with all applicable laws and rules of the State . ; and

D. On the request of an owner of a commercial sporting camp, as defined in section 682, subsection 14, that is located on or adjacent to public reserved land, the director shall lease and may renew leases on sites located on the public reserved land for observation stands or shelters and shall convey an appropriate trail easement up to one mile in length, including any renewal, commensurate with the site lease or renewal as follows:

(1) The number of such site leases may not exceed the number of lodging rooms in the commercial sporting camp; and

(2) The location of each leased site and trail easement must be as requested by the owner of the commercial sporting camp unless the director determines the location to be inconsistent with other uses of the public reserved land or with applicable laws or rules.

The annual fee for camp leases under this subsection may not exceed 10% of the fair market value of the land, as determined once during each 5-year lease term by the State Tax Assessor. Notwithstanding this subsection, there must be a minimum annual camp lease fee of $150 and a minimum annual commercial sporting camp observation stand or shelter lease fee of $100.

summary

This bill provides that the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may lease observation stands and shelters and convey trail easements on public lands for private use, in addition to campsites, garages and other structures that currently may be leased. It provides that the director must lease up to one observation stand or shelter and convey up to a mile of trail easement for each lodging room at a commercial sporting camp. It specifies that the site location and trail easement must be as requested by the commercial sporting camp owner unless the director determines the location is inconsistent with other uses of the public reserved land or with applicable laws or rules. It provides for a minimum annual commercial sporting camp observation stand or shelter lease fee of $100.

HP0789 LD 1126	Session - 128th Maine Legislature		LR 1454 Item 1
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