APPROVED CHAPTER
JUNE 15, 2021 215
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1055 - L.D. 1439
An Act To Clarify All-terrain Vehicle Registration Requirements and
Establish Regular Maintenance of Designated State-approved All-terrain
Vehicle Trails
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §1893, sub-§1, ¶B, as amended by PL 2003, c. 414, Pt. B, §22
and affected by c. 614, §9, is further amended to read:
B. The bureau shall administer the ATV Recreational Management Fund established
under subsection 2 for the purposes given in that subsection and for the acquisition of
land to be used for designated state-approved ATV trails. The bureau may adopt rules
in accordance with Title 5, chapter 375, subchapter 2 2-A for the issuance of grants-in-
aid from the fund and to further define alpine tundra areas pursuant to section 13001,
subsection 4. Additional funding for the ATV Recreational Management Fund is as
provided in Title 36, section 2903‑D, subsection 3.
Sec. 2. 12 MRSA §1893, sub-§1, ¶C is enacted to read:
C. The bureau shall use funds in the ATV Recreational Management Fund established
under subsection 2 to ensure that maintenance of designated state-approved ATV trails
occurs annually and to adopt and use best practices of motorized trail construction
during construction and maintenance of designated state-approved ATV trails. The
bureau shall adopt rules that establish a procedure to prioritize the bureau's
maintenance of designated state-approved ATV trails. Rules adopted pursuant to this
paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 3. 12 MRSA §1893, sub-§2, ¶A, as amended by PL 2003, c. 695, Pt. B, §2
and affected by Pt. C, §1, is repealed and the following enacted in its place:
A. The fund may be used for the following purposes:
(1) Conducting research on issues related to the management of ATVs;
(2) Assisting in the formation of nonprofit ATV groups;
(3) Making grants-in-aid to others, including political subdivisions, educational
institutions, regional planning agencies and ATV groups, to construct and maintain
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 designated state-approved ATV trails, to purchase equipment or to otherwise carry
out the purposes of the fund;
(4) Assisting in the design and development of designated state-approved ATV
trails;
(5) Ensuring that designated state-approved ATV trails are inspected annually;
(6) Purchasing, leasing or otherwise acquiring interests in land, including, but not
limited to, fee or easement interests for designated state-approved ATV trails or
sport-riding facilities;
(7) Providing protection to landowners against ATV-related suit or liability; and
(8) Otherwise providing for the wise and orderly management of ATVs.
Sec. 4. 12 MRSA §13001, sub-§4-A is enacted to read:
4-A. Antique all-terrain vehicle or antique ATV. "Antique all-terrain vehicle" or
"antique ATV" means an all-terrain vehicle more than 25 years old that is substantially
maintained in its original or restored condition.
Sec. 5. 12 MRSA §13155, sub-§1-A, ¶A, as amended by PL 2017, c. 97, §3, is
further amended by amending subparagraph (1) to read:
(1) Registration is not required for an ATV operated on land on which the owner
lives or on land on which the owner that the ATV operator owns or leases,
regardless of where that ATV operator is domiciled, as long as the ATV is not
operated elsewhere within the jurisdiction of the State.
Sec. 6. 12 MRSA §13155, sub-§3, as affected by PL 2003, c. 614, §9 and amended
by c. 695, Pt. B, §13 and affected by Pt. C, §1, is further amended to read:
3. Application and issuance. The commissioner, or an agent designated by the
commissioner, may register and assign a registration number to an ATV upon application
and payment of an annual fee by the owner. The commissioner shall charge a fee of $1 in
addition to the annual fee for each registration issued by an employee of the department.
The registration number in the form of stickers issued by the commissioner must be clearly
displayed on the front and rear of the vehicle. A registration is valid for one year
commencing July 1st of each year, except that any registration issued prior to July 1st but
after May 1st is valid from the date of issuance until June 31st 30th of the following year.
A registration agent shall provide to the person who requests to register an oversized ATV
under subsection 5-B a written form developed and provided by the department explaining
the size and weight restrictions for registering that ATV, including whether it qualifies for
registration, and explaining the provisions of section 13157-A regarding the operation of
oversized ATVs on designated state-approved ATV trails. The department shall develop a
form for use by registration agents under this subsection.
Sec. 7. 12 MRSA §13155, sub-§5, as amended by PL 2019, c. 75, §3, is further
amended to read:
5. Fees. The ATV registration fee is:
A. For a resident, $45 $70 annually. The registration for an ATV owned by a resident
is valid for one year, beginning on July 1st of each year; and
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 B. For a nonresident:
(1) Seventy-five One hundred dollars for a registration valid for 7 consecutive
days. A person may purchase more than one 7-day registration in any season; and
(2) Ninety One hundred fifteen dollars for a registration valid for one year.
The registration for an ATV owned by a nonresident must specify the dates for which
the registration is valid.
Twelve Thirty-seven dollars of each fee collected pursuant to this subsection must be
deposited in the ATV Recreational Management Fund established in section 1893,
subsection 2 and must be used to maintain designated state-approved ATV trails.
Ten dollars of each fee collected pursuant to paragraph B must be deposited in the ATV
Enforcement Fund established in section 10267.
Sec. 8. 12 MRSA §13155, sub-§5-B is enacted to read:
5-B. Oversized ATV. A person may not register an oversized ATV except as provided
in this subsection. A resident who has registered an oversized ATV prior to January 1,
2022 may continue to register that oversized ATV upon payment of the fee specified in
subsection 5, paragraph A, and upon a transfer of ownership of that registered oversized
ATV, the new owner may also register that oversized ATV upon payment of the fee
specified in subsection 5, paragraph A. For purposes of this subsection, "oversized ATV"
means an ATV that is wider than 65 inches or weighs more than 2,000 pounds according
to the manufacturer's specifications.
Sec. 9. 12 MRSA §13155, sub-§5-C is enacted to read:
5-C. Antique ATV. A person who owns an antique ATV may register that ATV
under this subsection as an antique ATV. Notwithstanding subsection 5, the fee for an
antique ATV registration is $45. An antique ATV registration is valid until the ownership
of the ATV is transferred to another person. Upon the transfer of ownership, the new owner
may reregister that ATV as an antique ATV by paying the $45 antique ATV registration
fee. Notwithstanding section 10206, all registration fees for antique ATVs must be
deposited in the General Fund.
Sec. 10. 12 MRSA §13155, sub-§12 is enacted to read:
12. Review of ATV registration fees and trail maintenance needs. In consultation
with the Department of Agriculture, Conservation and Forestry, the department shall
review ATV registration fees and maintenance needs of designated state-approved ATV
trails in 2022 and 2023 and every 2 years thereafter. The Commissioner of Inland Fisheries
and Wildlife shall report the findings and recommendations from the review to the joint
standing committee of the Legislature having jurisdiction over inland fisheries and wildlife
matters by February 1st each year a review is required. The committee may report out
legislation related to ATV registration fees and maintenance needs of ATV trails to the
session of the Legislature in which the report is received.
Sec. 11. 12 MRSA §13157-A, sub-§1-A, as amended by PL 2007, c. 509, §1, is
further amended to read:
1-A. Permission required. A person may not operate an ATV on the land of another
without the permission of the landowner or lessee. Permission is presumed on designated
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state-approved ATV trails or in areas open to ATVs by landowner policy. A landowner or
lessee may limit the use of a designated state-approved ATV trail on that landowner's or
lessee's property through agreements with the State or an ATV club to address
environmental, public safety or management concerns, including by limiting the type, size
and weight of ATVs permitted on the landowner's or lessee's property. A person operating
an ATV, including an oversized ATV, on designated state-approved ATV trails shall
adhere to limitations imposed by a landowner or lessee and the State on that part of the
designated state-approved ATV trail on the landowner's or lessee's property in accordance
with this subsection. Written permission of the landowner or lessee is required for use of
an ATV on cropland or pastureland or in an orchard. As used in this subsection, "cropland"
means acreage in tillage rotation, land being cropped and land in bush fruits and
"pastureland" means acreage devoted to the production of forage plants used for animal
production. For purposes of this subsection, "oversized ATV" has the same meaning as
defined in section 13155, subsection 5-B. Nothing in this subsection may be construed to
limit or expand a landowner's or lessee's property rights.
A. A person who violates this subsection commits a civil violation for which a fine of
not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated of having
committed 3 or more civil violations under this Part within the previous 5-year period
commits a Class E crime.
Sec. 12. 12 MRSA §13161, sub-§1-A is enacted to read:
1-A. Dealer to provide registration information. A dealer may not sell a new or
used oversized ATV without providing to the purchaser a written form developed and
provided by the department explaining the size and weight restrictions for registering that
ATV under section 13155, subsection 5-B and the provisions of section 13157-A regarding
the use of oversized ATVs on designated state-approved ATV trails. The department shall
develop a form for use by dealers under this section, which must include a place for a
purchaser to sign acknowledging receipt of the form. For purposes of this subsection,
"oversized ATV" has the same meaning as defined in section 13155, subsection 5-B.
Sec. 13. Oversized ATV education component. The Department of Inland
Fisheries and Wildlife shall develop and make available an education component for ATV
dealers and owners and ATV registration agents regarding the operation and registration of
oversized ATVs, as defined in the Maine Revised Statutes, Title 12, section 13155,
subsection 5-B. The education component must provide guidance regarding which ATVs
are considered oversized ATVs, when oversized ATVs may be registered and where
oversized ATVs may be operated pursuant to Title 12, section 13155, subsection 3.
Sec. 14. Appropriations and allocations. The following appropriations and
allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Off-Road Recreational Vehicles Program Z224
Initiative: Provides an ongoing allocation for expenditure of funds to maintain state-
approved all-terrain vehicle trails.
OTHER SPECIAL REVENUE FUNDS 2021-22 2022-23
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 All Other $0 $1,791,817
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OTHER SPECIAL REVENUE FUNDS TOTAL $0 $1,791,817
Sec. 15. Effective date. That section of this Act that amends the Maine Revised
Statutes, Title 12, section 13155, subsection 5 takes effect May 1, 2022.
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Statutes affected:
Bill Text LD 1439, HP 1055: 12.1893, 12.13155, 12.13157
Bill Text ACTPUB , Chapter 215: 12.1893, 12.13155, 12.13157