LD 1972
pg. 5
Page 4 of 9 PUBLIC Law Chapter 609 Page 6 of 9
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LR 3047
Item 1

 
§1147.__Schedule; qualification

 
1.__Schedule.__The owner or owners of waterfront land may
apply for taxation under this subchapter by submitting a signed
schedule in duplicate, on or before April 1st of the year in
which the owner or owners wish to first subject such land to
taxation under this subchapter, to the assessor upon a form to be
prescribed by the State Tax Assessor that must contain a
description of the parcel, together with a map identifying the
location and boundaries of the working waterfront land, a
description of the manner in which the land is used primarily for
commercial fishing activities and other information the assessor
may require to aid in the determination of what portion of the
land qualifies for classification as working waterfront land.__
The schedule must be signed and consented to by each person with
an ownership interest in the land. Classification of the land as
working waterfront land may not be inconsistent with the use
prescribed in the comprehensive plan, growth management program
or zoning ordinance of the municipality.

 
In defining the working waterfront land area contained within a
parcel, land used primarily for commercial fishing activities
must be included, together with any remaining portion of the
parcel that is not used for purposes inconsistent with commercial
fishing activities as long as the remaining portion is not
sufficient in dimension to meet the requirements for a minimum
lot as provided by either the state minimum lot requirements as
prescribed by Title 12, section 4807-A or Title 38, chapter 3,
subchapter 1, article 2-B, as applicable, or the minimum lot size
provided by the zoning ordinance or zoning map pertaining to the
area in which the remaining portion is located.

 
2.__Classification.__The assessor shall determine what land
meets the requirements of this subchapter and shall classify such
land as working waterfront land in accordance with this
subchapter.__The assessor shall file, in the municipal office of
the town in which the working waterfront land is located, the
original schedule and the value of the working waterfront land as
established under this subchapter and the value at which the
working waterfront land would have been assessed had it not been
classified under this subchapter.

 
3.__Notification of determination.__The assessor shall notify
the owner or owners in writing of the assessor's determination as
to the applicability of this subchapter by June 1st following
receipt of a signed schedule meeting the requirements of this
section. The assessor's notification must state whether the
application has been accepted or denied, and if denied the
assessor shall state the reasons for the denial and


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