APPROVED CHAPTER
APRIL 9, 2024 602
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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S.P. 894 - L.D. 2101
An Act to Strengthen Shoreland Zoning Enforcement
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. Shoreland zoning violations; commission authority. The commission may
take the following actions when an owner or occupant of land within the commission’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 long as the
commission sends written notice to the last known address of the owner and occupant, if
applicable, by certified mail, return 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 further development in the shoreland zone 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 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 violation occurred for all
costs awarded by the court. The commission shall file a notice of a lien with the register of
deeds in the county in which the land is located.
For the purposes of this subsection, "shoreland zone" 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-§1-A is enacted to read:
1-A. Shoreland zoning violations; municipal authority. A municipality may take
the following actions when an owner or occupant of land in the municipality violates a
shoreland zoning ordinance adopted pursuant to Title 38, chapter 3, subchapter 1, article
Page 1 - 131LR2899(04)
2-B, including an ordinance or standard established or imposed by the State, as long as the
municipality sends written notice to the last known address of the owner and occupant, if
applicable, by certified mail, return 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 further 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 party in a civil action filed pursuant to this subsection,
the municipality may claim a lien against the land on which the violation occurred for all
costs awarded by 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 limit the powers of a municipality provided in any other provision
of law.
A suspension or revocation of a permit 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
information about who is responsible for maintenance of the means of access, including
any responsible road association, if known by the seller.; 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 zoning ordinance adopted pursuant to Title 38, chapter 3, subchapter 1, article
2-B, including those that were state-imposed, imposed on and applicable to the property.
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Statutes affected:
Bill Text ACTPUB , Chapter 602: 33.173