An Act to Strengthen Shoreland Zoning Enforcement
Maine Legislature, Session 131, LD 2101
Committee: State and Local Government
Sponsors: NANGLE, FAY, BENNETT, CARNEY, INGWERSEN, LIBBY, RENY, ARATA, BELL, LANDRY
Amends: 12 MRSA §685-C, 30-A MRSA §4452

Legislative Document
No. 2101
S.P. 894
In Senate, January 3, 2024
An Act to Strengthen Shoreland Zoning Enforcement
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator NANGLE of Cumberland.
Cosponsored by Representative FAY of Raymond and
Senators: BENNETT of Oxford, CARNEY of Cumberland, INGWERSEN of York, LIBBY of 
Cumberland, RENY of Lincoln, Representatives: ARATA of New Gloucester, BELL of 
Yarmouth, LANDRY of Farmington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the inability of a municipality or the Maine Land Use Planning Commission 
to claim a lien against real estate on which a shoreland zoning violation occurred may leave 
the municipality or commission without recourse to obtain payment of attorney's fees and 
court costs and any unpaid penalties when the real estate is sold; and
Whereas, municipalities and the Maine Land Use Planning Commission are currently 
taking enforcement actions against shoreland zoning violations on real estate that may be 
sold before the expiration of the 90-day period; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §685-C, sub-§8-A is enacted to read:
8-A.  Restriction of permits when violation in the shoreland zone; lien claim.  The 
commission may take the following actions when an owner of real estate violates a 
standard, rule, permit or order adopted or issued by the commission pursuant to this chapter 
related to development in the shoreland zone:
A.  The commission may restrict the issuance of or suspend or revoke any permit issued 
to the owner of the real estate by the commission; and
B.  The commission may claim a lien against the real estate for all costs related to the 
violation incurred by the commission, including, but not limited to, attorney's fees and 
court costs, and any unpaid penalties imposed on the owner of the real estate.  The 
commission or the commission's designee shall file a notice of the lien under this 
paragraph with the register of deeds of the county in which the real estate is located.  
Not less than 10 days prior to the filing, the commission or the commission's designee 
shall send notification of the proposed action by certified mail, return receipt requested, 
to the owner of the real estate.
For the purposes of this subsection, "shoreland zone" means the area within 250 feet of any 
lake or pond greater than 10 acres in size.
Sec. 2.  30-A MRSA §4452, sub-§8 is enacted to read:
8.  Restriction of permits when shoreland zoning violation; lien claim.  A 
municipality may take the following actions when an owner of real estate violates a 
shoreland zoning ordinance adopted pursuant to Title 38, chapter 3, subchapter 1, article 
2-B, including an ordinance that is state-imposed:
A.  The municipality may restrict the issuance of or suspend or revoke any municipally 
issued permit to the owner of the real estate; and
B.  The municipality may claim a lien against the real estate for all costs related to the 
ordinance violation incurred by the municipality, including, but not limited to, 
attorney's fees and court costs, and any unpaid penalties imposed on the owner of the 
real estate.  The municipal officers or the officers' designee shall file a notice of the 
lien under this paragraph with the register of deeds of the county in which the real 
estate is located.  Not less than 10 days prior to the filing, the municipal officers or the 
officers' designee shall send notification of the proposed action by certified mail, return 
receipt requested, to the owner of the real estate.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill authorizes a municipality to restrict the issuance of or suspend or revoke any 
municipally issued permit to the owner of real estate who violates a shoreland zoning 
ordinance.  It authorizes the municipality to claim a lien against the real estate for all costs 
incurred by the municipality and any unpaid penalties related to the ordinance violation.  
The bill also authorizes the Maine Land Use Planning Commission to take the same actions 
for violations of standards, rules, permits and orders adopted or issued by the commission 
related to development in the shoreland zone.