38 M.R.S. § 444-A

This is the official text of 38 M.R.S. § 444-A, part of Maine’s M.R.S — part of the compiled statutory law of Maine, published by the state as "M.R.S." Browse the sections below, each linked to its official government source.

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38 §444-A. Civil suit

Official statutory text

1. Suit authorized. Any water utility, as defined in Title 35‑A, section 102 , may commence a civil action for injunctive relief against an owner of property in the shoreland zone when the following conditions are met. A. A violation of a municipal shoreland zoning ordinance is alleged to have occurred. [PL 1989, c. 733, §2 (NEW).] B. The water utility bringing the civil action has a water supply that is directly affected by the alleged violation. [PL 1989, c. 733, §2 (NEW).] [PL 1989, c. 733, §2 (NEW).]

2. Suit prohibited. An action may not be brought under this section if the Federal Government, State Government or a municipality of the State has commenced and is pursuing an administrative, civil or criminal action to remedy the alleged violation. [PL 1989, c. 733, §2 (NEW).]

3. Notice. An action may not be commenced under this section unless the plaintiff has given at least 60 days' notice to the alleged violator, the department, the Attorney General, and the municipality or municipalities in which the violation is alleged to have occurred. If the violation occurs within the jurisdiction of the Maine Land Use Planning Commission, the commission must be given notice in place of the department and the municipality. [PL 1989, c. 733, §2 (NEW); PL 2011, c. 682, §38 (REV).]

4. Jurisdiction. An action may be commenced in the District Court or Superior Court in the county in which the violation is alleged to have occurred. [PL 1989, c. 733, §2 (NEW).]

5. Intervention. The Attorney General may intervene in any case brought under this section. [PL 1989, c. 733, §2 (NEW).]

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.