Maine Tree Growth Tax Law Program
Re-Evaluation of the Tree Growth Tax Law Update:
During the second session of the 132nd Legislature, a proposal to convene a working group to study the Maine Tree Growth Tax Law with the power to report out legislation in 2027 was being considered by the Taxation Committee. While there was no public hearing, Maine Woodland Owners submitted formal comments to the Taxation Committee requesting that the working group include designated seats for representatives of both small and large private landowners to ensure a balanced review. We also asked that the study be led by the Maine Forest Service rather than Maine Revenue Services. On March 18 we sent an Action Alert email to our membership which generated several dozen messages to Committee members from woodland owners expressing their concern.
During a work session on March 19, the Committee voted to pass an amended version of the bill that takes a more measured, thoughtful, and inclusive approach. This path begins with a survey of assessors to determine the extent of their concerns with the TGTL program, with a report back to the Taxation Committee in January 2027. If that report recommends further study, the Maine Forest Service will conduct a formal audit of the program, an update to the last audit conducted in 2013. Representatives for landowners, foresters, municipal officials, the Maine Forest Service, the University of Maine, and Maine Revenue Service will collaborate every step of the way.
Update:
Late in the session, we faced a sudden challenge with LD 2244, “An Act to Implement Certain Preliminary Recommendations of the Real Estate Property Tax Relief Task Force and to Make Other Changes to Tax Law,” a bill that targets the Maine Tree Growth Tax Law (TGTL). For many families, the TGTL is the primary reason that they can keep their woodlands intact, so we treated this as our most urgent priority. With no public hearing and very little notice, we acted fast with key forestry partners. We submitted written comments and issued an urgent call to action to our membership. The bill was amended favorably and passed. Instead of a hostile review, the legislation now directs Maine Revenue Services, in collaboration with the Maine Forest Service, University of Maine School of Forest Resources, landowners, foresters, and municipal officials, to survey municipal assessors on their experiences administering the program. We view this survey as an opportunity to replace anecdotes with data. By ensuring the process isn’t led solely by tax collectors, but includes those who know the program and forestry best, we can address technical concerns while proving the program’s overall success. Leading with facts now protects the TGTL from more aggressive, uninformed proposals in the future. We will stay engaged in this effort and report back when the legislature reviews the findings early next year. We encourage you to talk with your local assessor now to share the importance of the program and clear up any local concerns
Maine Woodland Owners has worked tirelessly to ensure that the Maine Tree Growth Tax Law (TGTL) continues to protect family woodland ownership by keeping track and defending against threats to it.
Over the past several years we have:
Stopped attempts to change the TGTL program in a way that would negatively impact woodland owners.
Advocated ways to enhance the TGTL program so it provides the most benefit for landowners.
Helped our members to understand, comply with, and advocate for the TGTL program with information and conducting workshops to answer questions and offer important tips.
Overview
The Maine Legislature enacted the Tree Growth Tax Law in 1972 to help Maine landowners maintain their property as productive woodlands, and to broadly support Maine’s wood products industry. Since then, it has been the single most important tax law for Maine’s small woodland owners. The program values land at its current use - growing trees - instead of its development value. We believe this program keeps more land in forest and undeveloped than all the past land bond issues combined.
For thousands of small woodland owners in Maine, this law allows them to keep land as forestland in an undeveloped state and producing the public benefits of wildlife habitat, clean water, outdoor recreation opportunities, and wood for the forest products industry. See the Maine Forest Service presentation about the Tree Growth Tax Law.
Protecting the Tree Growth Tax Law Program
There have been repeated efforts to undermine this very important program. Maine Woodland Owners has worked to oppose bills to change the TGTL program. The most recent attempt to change the law was LD 1150 in 2019. If enacted, it would have forced a landowner out of the Tree Growth Tax Law program if they restrict public use of their land in any way and require payment of full penalties. Depending upon the property, those penalties could be in the hundreds, if not thousands of dollars.
View LD 1150 and the testimony Executive Director, Tom Doak provided to the Maine Legislature in 2019: