An Act To Improve Shoreland Zoning Rules and Enforcement To Support Municipalities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4451, sub-§3, as amended by PL 2011, c. 655, Pt. FF, §8 and affected by §16, is further amended to read:
3. Training and certification of code enforcement officers. In cooperation with code enforcement officer professional associations, the Maine Community College System, the Department of Environmental Protection, the Department of Health and Human Services and the Department of Public Safety, except as otherwise provided in paragraph H, the Department of Economic and Community Development, Office of Community Development shall establish a continuing education program for individuals engaged in code enforcement. This program must provide basic training in the technical and legal aspects of code enforcement necessary for certification. The basic training program must include training to provide familiarity with the laws and ordinances related to the structure and practice of the municipal code enforcement office, municipal planning board and appeals board procedures, application review and permitting procedures, inspection procedures and enforcement techniques.
H. If funding is not available to support the training and certification program authorized under this subsection, the Department of Economic and Community Development, Office of Community Development shall discontinue training and certification activities related to laws and ordinances referenced in subsection 2-A, paragraphs A and B and shall adopt by routine technical rules under Title 5, chapter 375, subchapter 2-A a program to register code enforcement officers that meet training and education qualifications. The Department of Economic and Community Development, Office of Community Development shall publish the list of persons registered for code enforcement who have submitted evidence of required qualifications. Persons registered under this paragraph must meet the requirements for training and certification under this subchapter. The Department of Economic and Community Development, Office of Community Development shall consult with the Department of Health and Human Services for the purposes of carrying out training and certification activities related to laws and ordinances referenced in subsection 2-A, paragraphs C and D. Within one month of discontinuation of training and certification under this paragraph, the Department of Economic and Community Development, Office of Community Development shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over state and local government matters a recommendation for funding the training and certification program or for further changes in program requirements.
Sec. 2. 30-A MRSA §4452, sub-§3, ¶B, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:
B. The minimum penalty for a specific violation is $100, and the maximum penalty is $2,500 $5,000.
Sec. 3. 30-A MRSA §4452, sub-§3, ¶B-1, as enacted by PL 1999, c. 370, §1, is amended to read:
B-1. Notwithstanding paragraph B, the maximum penalty is $5,000 $10,000 for any violation of a law or an ordinance set forth in subsection 5, paragraph Q, if the violation occurs within an area zoned for resource protection.
Sec. 4. 30-A MRSA §4452, sub-§3, ¶F, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:
F. The maximum penalty may exceed $2,500 the amounts set forth in paragraphs B and B-1, but may not exceed $25,000, when it is shown that there has been a previous conviction of the same party within the past 2 years for a violation of the same law or ordinance.
Sec. 5. 38 MRSA §439-A, sub-§10 is enacted to read:
10. Photographic record required. A municipal ordinance adopted pursuant to this article must require an applicant for a permit for development within the shoreland zone to provide to the municipal permitting authority preconstruction photographs and, no later than 20 days after completion of the development, postconstruction photographs of the shoreline vegetation and development site.
Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.