Before-and-After Notice of Shoreland Variances

Training for: Legal Notes

Here’s a reminder to local boards of appeals and their staff: Municipalities must notify the Maine Department of Environmental Protection (DEP) both before and after any shoreland zoning variance decision is made.

The law requires municipalities to forward a copy of every shoreland zoning variance request to the DEP at least 20 days before action by the local appeals board (see 38 M.R.S.A. § 438-A(6-A)). This material must include the application and all supporting information provided by the applicant. The DEP may comment if it determines that comments are warranted, and if it does, these comments must be made part of the record and considered by the appeals board prior to acting on the appeal.

The requirement for prior DEP notice is in addition to the requirement that written notice of all shoreland zoning-related appeals board decisions be given to the DEP afterward. This notice must state the reasons and the basis for the board’s decision, including the facts found and conclusions reached. This notice must be mailed or hand-delivered to the applicant and to the DEP within seven days of the board’s decision (see State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, Section 16(H)(4)(b)(iv)). Copies of all such decisions must also be given to the planning board, CEO, and municipal officers (selectmen or councilors).

Contact information for the DEP’s Shoreland Zoning Unit is available here: http://www.maine.gov/dep/land/slz/#contact. (By R.P.F.)

Here’s a reminder to local boards of appeals and their staff: Municipalities must notify the Maine Department of Environmental Protection (DEP) both before and after any shoreland zoning variance decision is made.

The law requires municipalities to forward a copy of every shoreland zoning variance request to the DEP at least 20 days before action by the local appeals board (see 38 M.R.S.A. § 438-A(6-A)). This material must include the application and all supporting information provided by the applicant. The DEP may comment if it determines that comments are warranted, and if it does, these comments must be made part of the record and considered by the appeals board prior to acting on the appeal.

The requirement for prior DEP notice is in addition to the requirement that written notice of all shoreland zoning-related appeals board decisions be given to the DEP afterward. This notice must state the reasons and the basis for the board’s decision, including the facts found and conclusions reached. This notice must be mailed or hand-delivered to the applicant and to the DEP within seven days of the board’s decision (see State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, Section 16(H)(4)(b)(iv)). Copies of all such decisions must also be given to the planning board, CEO, and municipal officers (selectmen or councilors).

Contact information for the DEP’s Shoreland Zoning Unit is available here: http://www.maine.gov/dep/land/slz/#contact. (By R.P.F.)