An Act to Strengthen Shoreland Zoning Enforcement
Maine Legislature, Session 131, LD 2101
Committee Amendment CA_A_S611 (Senate)
Amends: 12 MRSA §685-C, 30-A MRSA §4452, 33 MRSA §173

COMMITTEE AMENDMENT " ft " to S.P. 894, L.D. 2101, "An Act to Strengthen
Shoreland Zoning Enforcement"
Amend the bill by striking out all of the emergency preamble.
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 12 MRSA §685-C, sub-§8-A is enacted to read:
8-A. Shoreland zonine violations; commission authority. The commission may
take the following actions when an owner or occupant of land within the conunission's
jurisdiction violates a standard, rule. permit or order adopted or issued by the commission
pursuant to this chapter applicable to development in a shoreland zone. as lone as the
commission sends written notice to the last known address of the owner and occupant, if
applicable, by certified mail. return receipt requested, demandine the owner_or occupant
remove, abate or otherwise correct the violation within 10 days and the violation is not
removed, abated or otherwise corrected in that time period:
A. Deny the issuance of a permit to or suspend or revoke a Bennit_QfJhe owner or
occupant_for further development in the shoreland zone of the land on which the
YJQlation occurred until the violation is removed, abated or otherwise corrected and any
penalties and court-awarded costs are paid: and
B. Pile _a_civilaction against the owner or occupant to recover unpaid penalties, the
cost to remove, abate or otherwise correct the violation. court costs and reasonable
attorney's fees.
0 If the commission is the prevailing party in a civil action filed pursuant to this subsection.
the commission may claim a lien against the land on which the viQlation occurred for all
2 costs awarded by the court. The commission shall file a notice of a lien with the register of
3 deeds in the county in which the land is located.
COMMITTEE AMENDMENT
^
^y ' COMMITTEE AMENDMENT " ft-" to S.P. 894, L.D.2101
For the purposes of this subsection, _^hQrelandzone" means the shoreland area as described
in Title 38. section 435 and "occupant" means a person occupying land with the owner's
permission.
Sec. 2. 30-A MRSA §4452, sub-§l-A is enacted to read:
1-A. Shorelandzoniug violations; municipal authority. A municipality may take
the following actions when an owner or occupant of land in the municipality violates a
shorelandLzQnmg ordinance adopted pursuant to Title 38, chapter 3. subchapter 1. article
2-B. including an ordinance or standard established orunposed_bYthe State, as long as the
municipality sends written notice to the last known address of the owner and occupant, if '
applicable, by certified majLretum receipt requested, demanding the owner or occupant
remove, abate or otherwise correct the violation within 10 days and the violation is not
removed, abated or otherwise corrected in that time period:
A, Deny the issuance of a permit to or suspend or revoke a permit of the owner or
occupant for farther development of the land on which the violation occurred until the
violation is removed, abated or otherwise corrected and any penalties and court-
awarded costs are paid; and
B. File a civil action against the owner or occupant to recover unpaid penalties. the
cost to remove, abate or otherwise correct the violation, court costs and reasonable
attorney's fees.
If the municipality is the prevailing Barty in a civil action filed Byrsuant to this subsection.
the munidDality may claim a lien apainst the land on which the violation occurred for all
costs awarded bv the court. The municipal officers or the officers' designee shall file a
notice of the lien with the register of deeds in the county in which the land is located.
For the purposes of this subsection, "occupant" means a person occupying land with the
owner's permission,
This subsection does not lunitthe powers of a municipality provided in any other RrQvision
of law.
A suspension or revocation of a oennit pursuant to paragraph A remains in effect during
any appeal of the suspension or revocation to a municipal board of appeals.
Sec. 3. 33 MRSA §173, sub-§5, as amended by PL 2017, c. 181, §2, is further
amended to read:
5. Known defects. Any known defects; and
Sec. 4. 33 MRSA §173, sub-§6, ^B, as enacted by PL 2017, c. 181, §3, is amended
to read:
B. Any means other than a public way, in which case the seller shall disclose
6 mfonnation about who is responsible for maintenance of the means of access, mcluding
7 any responsible road association, if known by the sellerT; and
Sec. 5. 33 MRSA §173, sub-§7 is enacted to read:
7. Notice of violation. Detailed information on an actual or alleged violation of a
shoreland zonine ordinance adopted pursuant to Title 38. chapter 3. subchapter 1, article
2-B. includine those that were state-imposed. unuosed on and applicable to the uropertv.'
COMMITTEE AMENDMENT
.0'
COMMITTEE AMENDMENT " Q " to S.P. 894, L.D. 2101 |
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill. It
authorizes, but does not require, the Maine Land Use Planning Commission and
municipalities to take certain actions when a violation of a law, ordinance, standard, rule,
permit or order occurs on land in a shoreland zone within the jurisdiction of the commission
or the municipality. Before taking any of the actions, the commission or municipality must
provide the owner and any occupant written notice of the violation and 10 days within
which to remove, abate or otherwise correct the violation. The actions that the commission
or municipality may take include:
1. Denying the issuance of a permit to or suspending or revokmg a permit of the owner
or occupant for further development of all or a portion of the land on which the violation
occurred until the violation is removed, abated or otherwise corrected and any penalties
and court-awarded fees are paid;
2. Filing a civil action against the owner or occupant to recover unpaid penalties, the
cost to remove, abate or otherwise correct the violation and court costs and reasonable
attorney's fees necessary to file and pursue the civil action; and
3. Claiming a lien against the land on which the violation occurred if the commission
or municipality is the prevailing party in the civil action.
The amendment also requires persons selling property to disclose any actual or alleged
violations ofshoreland zoning statutes, ordinances, rules or regulations.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/15/24 ^y^S-
LD 2101 LR 2899(03)
An Act to Strengthen Shoreland Zoning Enforcement
Fiscal Note for Bill as Amended by Committee Amendment "/i,'i
Committee: State and Local Government
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. The additional workload associated with <'1'°
minimal number of new cases filed in the court system does not require additional funding at this time.
The collection of additional filing fees will increase General Fund revenue by minor amounts.
Fiscal Detail and Notes
Any additional costs to the Department of Agriculture, Conservation and Forestry to adopt the changes in this bill are
expected to be minor and can be absorbed within existing budgeted resources.
If a municipality chooses to exercise the authority provided in the bill to take certain actions when a land owner or
occupant violates a shoreline zoning ordinance, any minor costs associated with these actions are expected to be offset
by revenue increases from the recoupment of unpaid penalties, attorney's fees and court costs associated with the
ordinance violation.
LR2899(03) - Fiscal Note - Page 1 of 1