Legislators give initial approval to Nangle bill to protect water resources

AUGUSTA – Last week, the Maine Senate gave unanimous support in an initial vote to a bill from State Sen. Tim Nangle, D-Windham, and the Maine House also passed the bill with a strong bipartisan vote of 107-36.

State Senator Tim Nangle

Nangle’s bill, LD 2101, “An Act to Strengthen Shoreland Zoning Enforcement,” would give municipalities effective tools for combating shoreland zone violations.

"I am deeply grateful to my colleagues in the Senate and House for their overwhelming support of LD 2101. This bill represents a significant step forward to safeguard Maine's precious water resources and maintain the spirit of local control,” Nangle said. “By empowering municipalities with the tools necessary to enforce shoreland zoning ordinances, we are not only protecting our environment but also ensuring that the cost of compliance does not fall unfairly on the shoulders of our taxpayers. As we move forward, I’m hopeful and excited to see the good it will do for our communities and our environment.”

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

Under current law, even with ongoing violations, municipalities are required to issue permits, limiting their ability to ensure compliance with state and locally established regulations. The municipality would be required to provide the property owner with a 10-day notice, ensuring fairness and due process to property owners.

Typically, when the violation is resolved in court, the court assigns the cost of enforcing the violation and any applicable fines to the property owner. Then another fight ensues to collect those costs, which places another undue burden on the town's taxpayers.

To help combat this, LD 2101 would allow a municipality to file 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.

If the case is resolved and the court has awarded costs in favor of the municipality, the town would then be authorized to claim a lien against the land on which the violation occurred to ensure that the legally awarded costs are paid.

LD 2101 would also enhance transparency in real estate transactions by requiring sellers to disclose any known shoreland zoning violations to potential buyers.

The bill faces final votes in the House and Senate before being sent to the governor to enact into law. <