LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
336
JUNE 23, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 839 - L.D. 1161
An Act Concerning Marina-based Restaurants in the Shoreland Zone
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §439-A, sub-§4-D is enacted to read:
4-D. Exemption for expansion of an existing restaurant associated with an
existing marina. In accordance with the provisions of this subsection, a municipality may
adopt an ordinance that allows the expansion of a restaurant that is part of a marina that has
been permitted in accordance with all applicable state and local requirements.
A. Notwithstanding subsection 4, a municipality may adopt an ordinance pursuant to
this subsection that allows the expansion of a restaurant that is part of a marina that has
been permitted in accordance with all applicable state and local requirements if the
following requirements are met:
(1) The restaurant expansion is not located over a water body or wetland;
(2) The restaurant expansion is not located any closer to the water body or wetland
than the existing restaurant; and
(3) The restaurant and the marina that the restaurant is a part of have both been in
existence as of January 1, 2021.
B. Except for the water and wetland setback requirements in subsection 4, the
expansion of a restaurant that is part of a marina that meets the requirements of this
subsection must meet all other state and local permit requirements and comply with all
other applicable rules.
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Statutes affected:
Bill Text LD 1161, HP 839: 38.436