01-001-35 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 001-35-1 - DEFINITIONS

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Agricultural products - Plants and animals useful to humans, including but not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products, fiber, fruits, berries, vegetables, flowers, seeds, grasses, Christmas trees, annual and perennial ornamental plants, ornamental trees, and other similar products.
2. Agricultural service providers - organizations, including but not limited to colleges and universities, agricultural non-profit organizations, crop advisors, and soil and water conservation districts, that provide technical and/or financial assistance to farm operations to address barriers, constraints, and other such issues commonly faced.
3. Commissioner - the Commissioner of the Department of Agriculture, Conservation and Forestry
4. Department - the Department of Agriculture, Conservation and Forestry
5. Farmland - any tract or tracts of land used to produce agricultural products for a farm operation that consists of at least one (1) acre and has produced agricultural products with a gross annual value of at least $2,000 in one (1) of the last three (3) years.
6. Farm operation - an entity that uses farmland to produce agricultural products with the intent that they be sold commercially to generate income or otherwise creates access to farmland for historically underserved farmers.
7. Funding cycle - the dates during which a funding initiative is active and accepting applications.
8. Healthy soils best practices - agricultural and land management practices that:
A. Enhance the continuing capacity of soils to function as a vital, living biological system, increase soil organic matter, improve soil structure, strengthen water holding and nutrient holding capacity, improve nutrient cycling and result in net long-term greenhouse gas drawdown;
B. Continuously improve the capacity of soils to host a diversity of beneficial organisms, grow vigorous crops, enhance agricultural resilience, including, but not limited to, the ability of crops and livestock to tolerate and recover from drought, temperature extremes, pests and other stressors, and help regulate the global climate by converting organic residue into stable soil organic matter and retaining nutrients, including, but not limited to, nitrogen and phosphorus;
C. Continuously improve the health of soils by considering all relevant factors, including, but not limited to, depth of topsoil horizons, water infiltration rate, water holding capacity, organic carbon content, biologically accessible nutrient content, bulk density, biological activity and biological and microbiological diversity; and
D. Follow the principles of minimizing soil disturbance and external inputs: keeping soil covered, maximizing biodiversity, maximizing the presence of living roots and integrating animals into land management, including grazing animals, birds, beneficial insects and keystone species, such as earthworms.
9. Historically underserved farmers -
A. Beginning farmer or rancher means a person with at least two (2) years of farming experience, including but not limited to crop planning, field preparation and crop management, farm business management, livestock/pasture management, and pest management that has operated a farm or ranch for not more than 10 years.
B. Socially disadvantaged farmer or rancher means a farmer or rancher who is a member of a socially disadvantaged group, which means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.
C. Veteran farmer or rancher means a farmer or rancher who has served in the Armed Forces, including the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof, and who has operated a farm or ranch for not more than 10 years; OR is a veteran who has first obtained status as a veteran during the most recent 10-year period.
10. The Program - the Maine Healthy Soils Program, as established by P.L. 2021, ch. 143, § 1.
11. Review Panel - a panel that shall review Section 3 grant proposals and make recommendations for funding to the Commissioner. Reviews shall encompass the technical aspects of the proposed project and whether the applicant meets eligibility criteria. The review panel shall consist of three (3) people appointed by the Commissioner with knowledge of soil health and sustainable agriculture that do not have a conflict of interest with the applicant(s). At least one panel member must be Department staff.
12. Soil amendments - amendments including but not limited to biochar and compost that are developed from plant and animal residues. Amendments may also include agricultural lime. Soil amendments in this chapter must be used with the intent of improving the physical, biological, and chemical properties of the soil, including but not limited to increasing soil organic matter, soil carbon sequestration, soil aggregate stability, and/or soil organism habitats.
13. Soil health management plan - a plan that integrates soil health testing results, farmer goals, and farm background/capacity to address, monitor, and improve soil health constraints. The soil health management plan should identify department-determined healthy soils best practices that may be used on the farm, include a tentative implementation schedule, and describe potential barriers plan implementation may face. Alternatives soil health management plans include plans developed collaboratively between a farmer and a technical service provider (e.g. the Natural Resource Conservation Service) external to the Maine Healthy Soils Program, provided that the plan is less than three (3) years old and submitted to the Department for review and approval.
14. Soil health test - a test that measures the physical, biological, and chemical properties of a soil sample to identify soil health constraints. Measurements included in the soil health test must adhere to the latest research standards and may change as new data are published.

01-001 C.M.R. ch. 35, § 1