An Act To Provide for Variance Notification in the Shoreland Zoning Law Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 38 MRSA §438-A, sub-§6-A is enacted to read: 6-A. Variances. A copy of a reguest for a variance under an ordinance approved or imposed by the commissioner or board under this article must be forwarded by the municipality to the commissioner at least days prior to action by the municipality. The material submitted must include the application and all supporting information provided by the applicant. The commissioner may comment when the commissioner determines that the municipal issuance of the variance would not be in compliance with the reguirements of state law for a zoning variance or that the variance would undermine the purposes stated in section 435. These comments, if submitted by the commissioner prior to the action by the municipality, must be made part of the record and must be considered by the municipality prior to taking action on the variance reguest. Page l-LR0962(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1161
Committee Amendment CA_A_H477 (House)
Amends: 38 MRSA §438-A

FmST SPECIAL SESSION 
COMMITTEE AMENDMENT "A-" to H.P. 804, L.D. 
Act To Require Notification from the Department 
Protection and the Maine 
Land Use Regulation 
Permit Application, Issuance and Denial" 
1161, Bill, "An 
of Environmental 
Commission upon 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Provide for Variance Notification in the Shoreland 
Zoning Law' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 38 MRSA §438-A, sub-§6-A is enacted to read: 
6-A. 
Variances. 
A copy of a reguest for a variance under 
an ordinance approved or imposed by the commissioner or board 
under this article must be forwarded by the municipality to the 
commissioner 
at 
least 
days 
prior 
to 
action 
by 
the 
municipality. 
The 
material 
submitted 
must 
include 
the 
application 
and 
all 
supporting 
information 
provided 
by 
the 
applicant. 
The commissioner may comment when the commissioner 
determines that the municipal issuance of the variance would not 
be in compliance with the reguirements of state law for a zoning 
variance or that the variance would undermine the purposes stated 
in section 435. 
These comments, if submitted by the commissioner 
prior to the action by the municipality, must be made part of the 
record and must be considered by the municipality prior to taking 
action on the variance reguest.' 
Page l-LR0962(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 804, L.D. 1161 
SUMMARY 
This amendment strikes and replaces the bill and requires 
that a request for a variance from a shoreland zoning ordinance 
must be forwarded to the Commissioner of Environmental Protection 
at least 
days prior to action by 
the municipality. 
It 
provides for 
comment by the commissioner if the commissioner 
determines 
that 
the 
variance 
is 
in 
noncompliance 
with 
the 
requirements of state law for a zoning variance or undermines the 
purposes stated in the Maine Revised Statutes, Title 38, section 
435. 
It provides that these comments are made part of the record 
to be considered when a decision is made on the variance request. 
FISCAL \OTE REQLIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/19/05 .:;t:p'ac:.. 
LD 1161 
LR0962(02) 
An Act To Require Notification from the Department of Environmental Protection and the Maine 
Land Use Regulation Commission upon Permit Application, Issuance and Denial 
Fiscal Note for Bill as Amended by Committee Amendment ,It, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0962(2) - Fiscal Note - Page 1 of 1