LD 639
pg. 2
Page 1 of 2 An Act to Require Notification to All Property Owners in a Municipality of a Zo... LD 639 Title Page
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LR 1069
Item 1

 
when, by whom and from what location notice was mailed. This
certificate constitutes prima facie evidence that notice was
sent to those persons named in the certificate. The
municipality must send notice not later than 14 days before
its planning board votes to establish a public hearing on
adoption or amendment of a zoning ordinance or map that places
the landowners' property in the resource protection zone.
Once a landowner's property has been placed in a resource
protection zone, individual notice is not required to be sent
to the landowner when the zoning ordinance or map is later
amended in a way that does not affect the inclusion of the
landowner's property in the resource protection zone.

 
B. In addition to the notice required by this Title or by
rules adopted pursuant to this Title, the board shall
provide written notification to landowners whose property is
being considered by the board for placement in a resource
protection zone. Notification to landowners must be made by
first-class mail to the last known addresses of the persons
against whom property tax on each parcel is assessed. The
board shall prepare and file with the commissioner a sworn,
notarized certificate indicating those persons to whom
notice was mailed and at what addresses, and when, by whom
and from what location notice was mailed. This certificate
constitutes prima facie evidence that notice was sent to
those persons named in the certificate. The board must send
notice not later than 30 days before the close of the public
comment period prior to formal consideration of placement of
the property in a resource protection zone by the board.
Upon request of the board, the municipality for which the
ordinance is being adopted shall provide the board with the
names and addresses of persons entitled to notice under this
subsection. Notification and filing of a certificate by the
department are deemed to be notification and filing by the
board for purposes of this section.

 
C. Any action challenging the validity of an ordinance based on
failure by the board or municipality to comply with this
subsection must be brought in Superior Court within 30 days after
adoption or amendment of the ordinance or map. The Superior
Court may invalidate an amended ordinance or map if the appellant
demonstrates that the appellant was entitled to receive notice
under this subsection, that the municipality or board failed to
send notice as required, that the appellant had no knowledge of
the proposed adoption or amendment of the ordinance or map and
that the appellant was materially prejudiced by that lack of
knowledge. This paragraph does not alter the right of a person
to challenge the validity of any ordinance or map based on the
failure of

 
a municipality to provide notice as required by Title 30-A,
section 4352, subsection 9 or the failure of the board to
provide notice as required by this Title.

 
D.__Notice of the adoption of any new zoning ordinance or
any change to a zoning ordinance or map within a
municipality must be mailed by first class mail to the last
known address of each person to whom property tax is
assessed in the municipality.

 
SUMMARY

 
This bill requires that municipalities must notify all
property owners within their jurisdictions of the adoption of any
new or amended zoning ordinance.


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