Article #1

Shoreland Zoning Ordinance – Section 16(C)2 State Recommended Change Supports Back Lot Owners On May 1, 2006 the Department of Environmental Protection has amended the Mandatory Shoreland Zoning Act 38 M.R.S.A.. Particular interest to back lot owners is the recommended change to Section 16(C)2 which relates to the administrative permit process. The Act requires that municipalities adopt shoreland zoning ordinances consistent with, or no less stringent than, those minimum guidelines by July 1, 2009. Citizens of Sebago, Standish, Naples, Bridgton, Casco, Raymond and Windham along with most every other community in the State of Maine must impress upon their towns’ government the importance of adopting the States recommended change; failure to do may result in the continuation of the current ordinance. In general, town officials and the residents alike are unaware of the state recommended change to Section 16(C)2 and what it means to back lot owners. All of the towns listed above have the identical language in their current ordinance which reads: 2. All applications shall be signed by the owner or owners of the property or other person authorizing the work, certifying that the information in the application is complete and correct. If the person signing the application is not the owner or lessee of the property then that person shall submit a letter of authorization from the owner or lessee. The proposed Section 16(C)2 has an important change which is of vital interest to residents and nonresidents of the lake region. It reads: (2) All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct. As you can see, the new recommended change to Section 16(C)2, does not require the signature or authorization of the owner of the property if the person signing the permit is an individual who can show evidence of right, title or interest in the property. I believe this is tremendous improvement to the shoreland zoning ordinance because:

1. 2. 3. 4.

The town avoids involvement in private litigation which saves taxpayers thousands of dollars each year. Consistency – under current ordinance the town approves/denies a permit based on the land owners’ decision, which creates inconsistency in the permitting process. Property values are positively impacted for the back lot owners. The enjoyment of the lake is increased which will ultimately bring new revenues to local businesses.

I urge the town to adopt this new change and I am creating local/state wide awareness of Section 16(C)2 among local and state representative, senators, and congressmen. I welcome any comments, stories, suggestions regarding this effort; and I can offer resources for a local effort to encourage your town to adopt this important change. Please send an email to [email protected] with your name, address and email and I will keep you informed. Everyone that I have talked to about the matter wants to be involved in the town’s discussion as it relates to Section 16(C)2, please contact your town officials to learn when they will be discussing it. A note to Bridgton and Standish residents: your towns passed or have pending the towns Shoreland Zoning Ordinance at current time please contact your town officials ASAP to see what can be done. A note to Sebago Residents: There is a petition that is circulating to bring this issue to a public vote, please send me an email to add your support. Sherry Miller