An Act To Improve Shoreland Zoning Rules and Enforcement To Support Municipalities
Maine Legislature, Session 129, LD 0562
Committee: Environment and Natural Resources
Sponsors: BLUME, BREEN, BAILEY, DENK, FAY, LANDRY, RYKERSON
Amends: 30-A MRSA §4451, 30-A MRSA §4452, 38 MRSA §439-A

Legislative Document
No. 562
H.P. 406
House of Representatives, February 5, 2019
An Act To Improve Shoreland Zoning Rules and Enforcement To 
Support Municipalities
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Cosponsored by Senator BREEN of Cumberland and
Representatives: BAILEY of Saco, DENK of Kennebunk, FAY of Raymond, LANDRY of 
Farmington, McCREIGHT of Harpswell, McDONALD of Stonington, RYKERSON of 
Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4451, sub-§3, as amended by PL 2011, c. 655, Pt. FF, §8 
and affected by §16, is further amended to read:
3.  Training and certification of code enforcement officers.  In cooperation with 
code enforcement officer professional associations, the Maine Community College 
System, the Department of Environmental Protection, the Department of Health and 
Human Services and the Department of Public Safety, except as otherwise provided in 
paragraph H, the Department of Economic and Community Development, Office of 
Community Development shall establish a continuing education program for individuals 
engaged in code enforcement.  This program must provide basic and advanced training in 
the technical and legal aspects of code enforcement necessary for certification.  The basic 
training program must include training to provide familiarity with the laws and 
ordinances related to the structure and practice of the municipal code enforcement office, 
municipal planning board and appeals board procedures, application review and 
permitting procedures, inspection procedures and enforcement techniques.
H.  If funding is not available to support the training and certification program 
authorized under this subsection, the Department of Economic and Community 
Development, Office of Community Development shall discontinue training and 
certification activities related to laws and ordinances referenced in subsection 2-A, 
paragraphs A and B and shall adopt by routine technical rules under Title 5, chapter 
375, subchapter 2-A a program to register code enforcement officers that meet 
training and education qualifications.  The Department of Economic and Community 
Development, Office of Community Development shall publish the list of persons 
registered for code enforcement who have submitted evidence of required 
qualifications.  Persons registered under this paragraph must meet the requirements 
for training and certification under this subchapter.  The Department of Economic 
and Community Development, Office of Community Development shall consult with 
the Department of Health and Human Services for the purposes of carrying out 
training and certification activities related to laws and ordinances referenced in 
subsection 2-A, paragraphs C and D.  Within one month of discontinuation of 
training and certification under this paragraph, the Department of Economic and 
Community Development, Office of Community Development shall report to the 
joint standing committee of the Legislature having jurisdiction over appropriations 
and financial affairs and the joint standing committee of the Legislature having 
jurisdiction over state and local government matters a recommendation for funding 
the training and certification program or for further changes in program requirements.
Sec. 2.  30-A MRSA §4452, sub-§3, ¶B, as enacted by PL 1989, c. 104, Pt. A, 
§45 and Pt. C, §10, is amended to read:
B.    The minimum penalty for a specific violation is $100, and the maximum penalty 
is $2,500 $5,000.
Sec. 3.  30-A MRSA §4452, sub-§3, ¶B-1, as enacted by PL 1999, c. 370, §1, is 
amended to read:
B-1.    Notwithstanding paragraph B, the maximum penalty is $5,000 $10,000 for any 
violation of a law or an ordinance set forth in subsection 5, paragraph Q, if the 
violation occurs within an area zoned for resource protection.
Sec. 4.  30-A MRSA §4452, sub-§3, ¶F, as enacted by PL 1989, c. 104, Pt. A, 
§45 and Pt. C, §10, is amended to read:
F.  The maximum penalty may exceed $2,500 the amounts set forth in paragraphs B 
and B-1, but may not exceed $25,000, when it is shown that there has been a previous 
conviction of the same party within the past 2 years for a violation of the same law or 
ordinance.
Sec. 5.  38 MRSA §439-A, sub-§10 is enacted to read:
10.  Photographic record required.  A municipal ordinance adopted pursuant to this 
article must require an applicant for a permit for development within the shoreland zone 
to provide to the municipal permitting authority preconstruction photographs and, no later 
than 20 days after completion of the development, postconstruction photographs of the 
shoreline vegetation and development site.
SUMMARY
This bill amends the laws relating to the State's regulation of the shoreland zone as 
follows.
1.  It requires the Department of Economic and Community Development, Office of 
Community Development to provide both basic and advanced training to code 
enforcement officers in the technical and legal aspects of code enforcement.  Current law 
only requires that the office provide basic training to code enforcement officers.
2.  It increases the maximum per day civil penalty for a specific violation of a 
municipal land use law or ordinance from $2,500 to $5,000 and increases the maximum 
per day civil penalty for a specific violation of a municipal shoreland zoning ordinance 
occurring within an area zoned for resource protection from $5,000 to $10,000.
3.  It provides that a municipal shoreland zoning ordinance must require an applicant 
for a permit for development within the shoreland zone to provide to the municipal 
permitting authority preconstruction and postconstruction photographs of the shoreline 
vegetation and development site.