Special Notice Requirements

Training for: Legal Notes

Most local officials know that Maine’s Freedom of Access Act or FOAA requires public notice of all “public proceedings” (board meetings) to be given in ample time to allow public attendance and in a manner reasonably calculated to notify the general public (see 1 M.R.S.A. § 406). But the law specifies neither a minimum time period nor a particular method for giving notice. Instead, it relies on the good faith and sound judgment of officials to give notice of board meetings in a sufficient time and manner to enable interested members of the public to attend. In many cases posting notice at the municipal office about a week in advance may well be enough.

This generic FOAA notice does not always suffice, however. In fact there are numerous instances, under other statutes, in which special notice in one form or another is legally required. For example, notice of public hearings before a municipal charter commission must be given at least 10 days in advance by publication in a newspaper (see 30-A M.R.S.A. § 2103(5)(B)).

Another example: Notice of public hearings before the municipal officers on junkyard applications must be mailed to all abutters, posted at least 7 days in advance in at least 2 public places, and published in a newspaper, as well as given to any affected public water supplier (see 30-A M.R.S.A. § 3754).

And yet another: Notice of public hearings on new or amended zoning ordinances must be posted at least 13 days in advance at the municipal office, published in a newspaper at least twice, and in certain cases mailed to all property owners in and abutting the affected area (see 30-A M.R.S.A. § 4352(9), (10)).

For a detailed list of these special statutory notice requirements, see our “Information Packet” on the “Right to Know” law, available free to members at www.memun.org.

We should also note that local ordinances (especially land use ordinances), municipal charters and even board bylaws or rules of procedure may impose special notice requirements that go well beyond the generic FOAA notice requirement. (By R.P.F.)

Most local officials know that Maine’s Freedom of Access Act or FOAA requires public notice of all “public proceedings” (board meetings) to be given in ample time to allow public attendance and in a manner reasonably calculated to notify the general public (see 1 M.R.S.A. § 406). But the law specifies neither a minimum time period nor a particular method for giving notice. Instead, it relies on the good faith and sound judgment of officials to give notice of board meetings in a sufficient time and manner to enable interested members of the public to attend. In many cases posting notice at the municipal office about a week in advance may well be enough.

This generic FOAA notice does not always suffice, however. In fact there are numerous instances, under other statutes, in which special notice in one form or another is legally required. For example, notice of public hearings before a municipal charter commission must be given at least 10 days in advance by publication in a newspaper (see 30-A M.R.S.A. § 2103(5)(B)).

Another example: Notice of public hearings before the municipal officers on junkyard applications must be mailed to all abutters, posted at least 7 days in advance in at least 2 public places, and published in a newspaper, as well as given to any affected public water supplier (see 30-A M.R.S.A. § 3754).

And yet another: Notice of public hearings on new or amended zoning ordinances must be posted at least 13 days in advance at the municipal office, published in a newspaper at least twice, and in certain cases mailed to all property owners in and abutting the affected area (see 30-A M.R.S.A. § 4352(9), (10)).

For a detailed list of these special statutory notice requirements, see our “Information Packet” on the “Right to Know” law, available free to members at www.memun.org.

We should also note that local ordinances (especially land use ordinances), municipal charters and even board bylaws or rules of procedure may impose special notice requirements that go well beyond the generic FOAA notice requirement. (By R.P.F.)