Sec. I-1. 12 MRSA §685-C, sub-§3, as amended by PL 1977, c. 694, §234, is further amended to read:
3. Schedule of fees. The commission shall adopt rules in accordance with Title 5, chapter 375, subchapter 2 to establish and amend a schedule of reasonable fees for the administration of this chapter. The fees shall be adopted and amended, in accordance with procedures for the establishment of rules and regulations pursuant to Title 5, chapter 375, subchapter II. Amendments to those rules adopted after October 1, 2005 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
No approval, certificate, special exception, or variance shall may be issued unless or until such fees established by the commission have been paid in full, nor shall may any action be taken on proceedings before the commission unless or until preliminary fees have been paid in full.
Sec. I-2. 12 MRSA §685-E, last ¶, as amended by PL 2003, c. 688, Pt. C, §2, is further amended to read:
Beginning with fiscal year 2003-04, a town or a plantation in the commission's jurisdiction that elects not to administer land use controls at the local level but receives commission services or a town or plantation with a portion of its land under the commission's jurisdiction and receiving commission services, including planning, permitting and ensuring compliance, must be assessed a fee equal to .0l% of the most recent equalized state valuation established by the State Tax Assessor for that town or plantation or that portion of a town or plantation under the commission's jurisdiction. The State Tax Assessor shall issue a warrant to each such town or plantation no later than March 1st of each year. The warrant is payable on demand. Interest charges on unpaid fees begin on June 30th of each year and are compounded monthly at the interest rate for unpaid property tax as established by the State Tax Assessor for the unorganized territory. For any assessment that remains unpaid as of September 1st of the year in which it is due, state revenue sharing to that town or plantation must be reduced by an amount equal to any unpaid warrant amount plus any accrued interest, until the amount is paid. These fees must be deposited to the General Fund.
Sec. I-3. Transition. For a town or plantation with only a portion of its land under the jurisdiction of the Department of Conservation, Maine Land Use Regulation Commission and receiving commission services only on that portion, the State Tax Assessor shall recalculate the fee assessed under the Maine Revised Statutes, Title 12, section 685-E for fiscal year 2004-05 and issue a revised warrant for that town or plantation. The town or plantation is not required to pay a warrant issued between January 1st and March 1st of 2005. The town or plantation is required to pay the revised assessment fee within 90 days of receiving the revised warrant. State revenue sharing for that town or plantation for fiscal year 2005-06 may not be reduced under Title 12, section 685-E unless that town or plantation fails to pay the assessment within 150 days of receiving the revised warrant.
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