§54. Proceedings

Notwithstanding Title 30-A, sections 2691 and 4353, an abutting landowner or the municipality may initiate any of the following proceedings with the municipal board of appeals, or, if none, with the municipal officers. The department shall be notified of any action initiated under this section or section 57 in accordance with Title 30-A, section 4353, subsection 3.   [PL 1989, c. 478, §1 (NEW).]

1.  Proceedings to determine eligibility of farmland for registration.  If the eligibility of any land for registration is questioned, the owner of the farmland shall have the burden of proving to the municipal body that the farmland meets the requirements for registration under this chapter. A proceeding under this subsection must commence within 15 days of the day notice of registration is received by the party initiating the proceeding.

[PL 1989, c. 478, §1 (NEW).]

2.  Proceedings to determine continued eligibility of registered farmland.  Once in any 2-year period, a proceeding may be initiated to determine if the registered farmland continues to meet the requirements for registration under this chapter. The owner of registered farmland shall bear the burden of proof.

[PL 1989, c. 478, §1 (NEW).]

3.  Appeals.  A decision made by a municipal body under this section may be appealed by any aggrieved party as allowed by law for appeals of decisions made by a municipal board of appeals.

[PL 1989, c. 478, §1 (NEW).]

4.  Assistance from department.  The department shall provide technical assistance and issue written advisory opinions in connection with the determinations a municipal body must make under this section.

[PL 1989, c. 478, §1 (NEW).]

5.  Order to withdraw.  If the department or a municipality finds that farmland registered under this chapter is not eligible for registration, the department or municipality shall order the landowner to file for withdrawal under section 53-E.

[PL 2011, c. 608, §13 (NEW).]

SECTION HISTORY

PL 1989, c. 478, §1 (NEW). PL 2011, c. 608, §13 (AMD).