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Bill looks to safeguard Maine shoreland, giving more 'teeth' to municipal zoning violation fines

If passed, LD2101 would allow municipalities to hold violators accountable by putting a lien on real estate.

AUGUSTA, Maine — Major support is being shown for a bill that aims to safeguard state shoreland, by giving municipalities more authority to enforce zoning laws. 

Presented by Sen. Tim Nangle, "An Act to Strengthen Shoreland Zoning Enforcement" would give more strength to local governments to defend zoning laws when ordinances are violated. It would also grant more authority to the Maine Land Use Planning Commission.

"Our local water bodies are crucial to the economy and environment of our smaller communities in the entire state," Nangle said at a public hearing for the bill. "Protecting these resources is essential, but our municipalities face significant challenges in enforcing shoreland zoning laws."

Being a representative for the town of Raymond, the bill was spurred when Nangle approached town officials on how to better help hold accountability when landowners violate zoning laws. 

Code Enforcement Officers Alex Sirois and Chris Hanson for the town say they've dealt with a handful of those frustrating violations in the past. 

"All violations are hard to enforce, and can be frustrating," Hanson said. "People that have a lot of money, sometimes, create a violation and do so knowing that it's easier to ask for forgiveness."

Hanson said zoning laws set by the state often fall on municipalities to enforce, which often takes the form of a fine. When residents appeal fines, legal fees can add up and strain already tight town budgets.

"The minute it's passed, it's going to send a message that the towns and the state are serious about protecting our lakes, rivers, and streams," Hanson said. 

If Nangle's bill passes, towns could prevent homeowners from selling their properties in a lien until all fines are paid.

"The towns were very reluctant to enforce the shoreland ordinances because of what it would cost the town," Steve Lewis said, one of the people in support of the bill. 

As president of the Kezar Lake Watershed Association, he works to protect the shoreline environment at Kezar Lake and the surrounding bodies of water.

"And the source of degradation of most water bodies now is what's known as non-point pollution, which is runoff," Lewis said, who explained that runoff can trickle into nearby veins of streams and watersheds if zoning codes are violated. 

However, those in opposition to the bill have questioned the amount of authority it would give local governments, claiming the wording is too broad. 

Some who testified against the bill at its public hearing claimed the bill might discourage landowners from appealing a violation even if they have a legitimate reason to do so, because towns could hold alleged violators responsible for costs related to the dispute. 

As a result, the bill received a divided vote by the Committee on State and Local Government. 

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