Resolve, To Allow the Issuance of Open Burn Permits through Private Online Services

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  under current law, anyone performing out-of-door burning, including burning for agricultural purposes and of brush, leaves, wood waste and grass fields, is required to obtain a permit from the town forest fire warden or from the forest ranger having jurisdiction over the location where the fire is to be set; and

Whereas,  until recently, as a convenience to the residents of the State, burn permits were available online and for free through a 3rd-party provider; and

Whereas,  due to a change in interpretation of policy by the Commissioner of Agriculture, Conservation and Forestry, residents of the State are no longer able to get free online burn permits; and

Whereas,  the burn permits issued online by the Department of Agriculture, Conservation and Forestry carry a cost of $7 per permit; and

Whereas,  in order to restore to the residents of the State the convenience of obtaining burn permits online and for no charge, it is necessary that this legislation take effect as soon as possible; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Department of Agriculture, Conservation and Forestry, Bureau of Forestry to allow municipalities to purchase burn permit software. Resolved: That the Department of Agriculture, Conservation and Forestry, Bureau of Forestry shall allow municipalities to purchase and use burn permit software sold from a private party to issue burn permits pursuant to the Maine Revised Statutes, Title 12, section 9325 if all statutory requirements of issuing burn permits are met by the software.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This resolve directs the Department of Agriculture, Conservation and Forestry, Bureau of Forestry to allow municipalities to purchase and use burn permit software from a private party to issue burn permits online if all statutory requirements of issuing burn permits are met by the software.