CHAPTER 440

H.P. 804 - L.D. 1161

An Act To Provide for Variance Notification in the

Shoreland Zoning Law

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §438-A, sub-§6-A is enacted to read:

6-A.__Variances.__A copy of a request for a variance under an ordinance approved or imposed by the commissioner or board under this article must be forwarded by the municipality to the commissioner at least 20 days prior to action by the municipality.__The material submitted must include the application and all supporting information provided by the applicant.__The commissioner may comment when the commissioner determines that the municipal issuance of the variance would not be in compliance with the requirements of state law for a zoning variance or that the variance would undermine the purposes stated in section 435.__These comments, if submitted by the commissioner prior to the action by the municipality, must be made part of the record and must be considered by the municipality prior to taking action on the variance request.