Sec. 1. 12 MRSA §685-B, as amended by PL 1999, c. 333, §§12 to 17, is further amended by enacting at the end a new paragraph to read:

Determinations made under this section in connection with the review and approval of a permit application are final and are not subject to judicial review.

Sec. 2. 30-A MRSA §4403, sub-§6-A is enacted to read:

6-A.__Finality.__Decisions made by the municipal reviewing authority under subsection 5 are final and are not subject to judicial review.

Sec. 3. 30-A MRSA §4403, sub-§8 is enacted to read:

8.__Building permit; conclusive presumption.__Absent fraud or false information, the issuance of a permit for a building by a code enforcement officer creates a conclusive presumption that the lot in question does not create and is not part of an unapproved subdivision, if:

A.__Thirty days have elapsed since the issuance of the building permit; and

B.__The permit applicant gives written notice of the permit application to all abutting landowners, mortgagors and lien holders of record.__The written notice must include notice of the right of the abutting landowner, mortgagor or lien holder of record to appeal the issuance of the permit within 30 days of the permit issuance.

SUMMARY

This bill provides that subdivision decisions made by a municipality or by the Maine Land Use Regulation Commission are final and are not subject to judicial review. The bill also provides that the issuance of a building permit creates a conclusive presumption that the lot in question does not create an unapproved subdivision provided that 30 days have elapsed since the issuance of the permit and written notice of the permit application was given to abutters, mortgagors and lien holders.