LD 1888
pg. 2
Page 1 of 4 An Act to Amend the Laws Relating to Development and Centralized Listing of Mun... Page 3 of 4
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LR 1342
Item 1

 
In addition, when a municipality proposes to adopt or amend
a timber harvesting ordinance pursuant to its home rule
authority as provided by Title 30-A, section 3001, the
municipality shall mail notice of the hearing by first-class
mail at least 14 days before the hearing to all landowners
in the municipality at the last known address of the person
on whom a property tax on each parcel is assessed.__In the
case of a timber harvesting ordinance or amendment that
applies only to certain zones or land use districts in the
municipality, the municipality may meet the requirements of
this paragraph by mailing notice only to those landowners
whose land is in a zone or land use district or immediately
abutting the affected zone or land use district.

 
Mailed notice to individual landowners is not required under
this subsection for any type of amendment to an existing
local land use ordinance merely to conform that ordinance to
the minimum timber harvesting guidelines required by Title
38, section 439-A, as those guidelines may be subsequently
amended, or to conform any timber harvesting ordinance to
the requirements of this section for conformity of
definitions when the proposed amendments do not
substantially change any previously established timber
harvesting standards adopted pursuant to home rule
authority.

 
The municipal officers shall prepare and file with the
municipal clerk a written certificate indicating those
landowners to whom the notice was mailed and at what
addresses, when it was mailed, by whom it was mailed and
from what location it was mailed.__The certificate
constitutes prima facie evidence that notice was sent to
those landowners named in the certificate.

 
Any action challenging the validity of the adoption or
amendment of a municipal timber harvesting ordinance based
on the municipality's alleged failure to comply with the
landowner notice requirement must be brought in Superior
Court within 90 days after the adoption of the ordinance or
amendment.__The Superior Court may invalidate an ordinance
or amendment only if the landowner demonstrates that the
landowner was entitled to receive a notice under this
section, that the municipality failed to send the notice as
required, that the landowner had no knowledge of the
proposed ordinance or amendment and that the landowner was
materially harmed by that lack of knowledge.

 
D. The municipality municipal clerk shall notify the department
of the time, place and date of the public hearing and provide the
department with a copy of the


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