Nangle introduces bill to help communities protect local water resources

AUGUSTA – State Senator Tim Nangle, D-Windham, has introduced a bill to give municipalities more tools to enforce shoreland zone violations and protect local waters.

State Senator Tim Nangle

Nangle's proposal, LD 2101, called “An Act to Strengthen Shoreland Zoning Enforcement,” was the subject of a public hearing before the Maine Legislature’s Joint Select Committee on State and Local Government earlier this month.

“The support and insightful testimony we received at the public hearing show how necessary it is to equip our towns with the tools they need to enforce shoreland zoning standards effectively,” Nangle said. “This legislation is a critical advancement in empowering local governments and keeping our drinking water free of harmful chemicals. I was pleased to see folks from communities across our state make their voice heard on this vital issue.”

The LD 2101 bill would allow, but not require, municipalities to restrict, suspend, or revoke locally issued permits to property owners who violate shoreland zoning ordinances.

Under current and existing law, even with ongoing violations, municipalities are required to issue permits, limiting their ability to ensure compliance with state and locally established regulations.

Additionally, this new bill proposed by Nangle permits the placement of a lien on properties with violations to prevent the transfer of said properties, ensuring that municipalities have the financial support they need to enforce the laws that protect community waterfronts.

“In most cases, Maine’s shoreland zoning law is having a very positive impact on our lakes, but to prevent violations like those that occurred in Raymond on Sebago Lake, the law needs to be better enforced,” said Whitney Baker on behalf of 30 Mile River Watershed Association. “We now have an opportunity to empower our communities, and the local [Code Enforcement Officers] doing this important work, to stand up to shoreland violators, hold them accountable, and reverse the ethic of law-breaking behavior that has taken hold on many shorefronts throughout our state.”

According to Nangle, enforcing shoreland zoning law is particularly evident when towns attempt to uphold local- and state-mandated environmental standards.

“The current legal structure prevents towns from withholding permits for further development, even when property owners ignore these crucial regulations. This means an offending property owner can keep building and changing their property while ignoring the laws that protect our state's precious natural resources,’ Nangle said. “My bill, LD 2101, would allow a local municipality to restrict, suspend, or revoke any locally issued permit to the property and property owner where the violation has occurred. Notably, a town would not be required to impose these restrictions; it would be at the town's discretion. This would prevent the property owner from working to complete any renovations or continue work on the property until the violation has been resolved.”

Typically, when a shoreland zoning violation is resolved through legal remedies, the court assigns the cost of enforcing the violation and any applicable fines to the property owner. Then, in some cases, another struggle ensues between the violator and the town to collect those costs, which Nangle says places another undue burden on taxpayers in the town. The second part of LD 2101 allows the city or town to place a lien on the property’s title to prevent the transfer of the property until the court-determined costs have been paid.

Nangle’s bill will face further action in committee. <