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Overview
Walk Step by Step Through the Process With Insights From Seasoned Attorneys
Your client wants to develop property. How do you confirm their ability to do so? How do you get the government's go-ahead, and what do you do if the application is denied? This start-to-finish land use and zoning online seminar will teach you the basic laws before digging into the approval and appeals process. Construct a foundation for a successful practice - register today!
- Review federal, state, and local laws and regulations that govern land development.
- Learn how to request variances, conditional use permits, and other authorizations.
- Navigate procedural and technical requirements for subdividing land.
- Gain practical insights on presenting the application at a public meeting or hearing.
- Anticipate when local government decisions or actions are ripe for a constitutional challenge.
- Follow proper steps during appeals and give your client's case the best chance of success.
Abbreviated Agenda
- Maine Land Use and Zoning Basics
- Applications and Approval Procedures: Variances, Conditional Use Permits and More
- Navigating the Subdivision Process
- Meetings, Hearings, and Dealing With Objectors
- Constitutional Issues and Case Law
- Challenging or Appealing a Land Use Decision
- Hot-Button Land Use Issues and Case Law
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Maine CLE |
|
6 Total | 06-04-2027 |
Select Jurisdiction
CLE
Agenda
-
Maine Land Use and Zoning Basics
- Land Use and Zoning 101
- Sources of Authority for Land Use Decisions
- State and Local Laws and Ordinances
- Planning Boards
- The Comprehensive Plan
- Impact Fees and Exactions
- Federal Laws: "Standard Acts," RLUIPA, and Fair Housing
- Environmental Laws Affecting Land Use
-
Applications and Approval Procedures: Variances, Conditional Use Permits and More
- Pre-Application Issues
- Site Plan Applications
- Ordinance Amendments and Rezoning
- Variances
- Conditional/Special Use Permits
- Planning and Environmental Reviews - What to Expect
- Documenting as if You're Preparing for an Appeal
-
Navigating the Subdivision Process
- Subdivision Regulations
- Due Diligence
- The Application and Approval Process
- Inspections, Dedications, and Vacations
- Fulfilling Conditions
- Working With Surveyors and Engineers
- Plat and Documentation for New Titles
-
Meetings, Hearings, and Dealing With Objectors
-
Constitutional Issues and Case Law
- Property Rights vs. Police Power
- Takings
- Vested Rights and Estoppel
- Due Process
- Equal Protection
- First Amendment
-
Challenging or Appealing a Land Use Decision
- Quasi-Judicial vs. Quasi-Legislative
- Local Appeal Process
- Standing Issues
- Procedural and Evidence Rules
- Preparation and Testimony
- Preserved Administrative Record
- Assertion of Collateral Constitutional and Other Claims
- Exhausting Your Administrative Remedies
- Going to Court
- Hearing Tips and Techniques
-
Hot-Button Land Use Issues and Case Law
Who Should Attend
This basic level online seminar is designed for attorneys. Zoning and land use planners and officials, developers, engineers, surveyors, and paralegals may also benefit.
Speakers
Speaker bio
Keith P. Richard
is an attorney at Archipelago Law located in Portland, Maine. He is adept at appearing before government agencies and courts; with a robust litigation, trial practice, and appellate background, and a track record of results. Mr. Richard is passionate about fairness and transparency in government, research and evidence-based decision making, and delivering practical, efficient solutions for clients. He also values contributions to the field and has published articles on subjects ranging from coastal land use, to renewable energy, to the intersection between Maine's administrative adjudication procedure and real estate law. Mr. Richard earned his bachelor's degree, summa cum laude, from the University of Massachusetts, Amherst and his J.D. degree, magna cum laude, from New England Law, Boston; where he received the Trustee Bradbury Gilbert Award, awarded by the law school faculty to one graduating day student for scholastic excellence and service throughout law school. He is licensed to practice law in Maine and Massachusetts.
Speaker bio
Kristin M. Collins
is a partner in Preti Flaherty's Municipal Law and Finance Practice Group and co-chair of the Municipal Broadband Group, practicing from the firm's Augusta office. She works with municipalities, landowners, developers, and citizens' groups to find practical, efficient, and politically sensible approaches to issues touching on all areas of municipal law, including zoning, permitting, licensing, employment and labor, litigation, and finance. Starting her career as a staff attorney at Maine Municipal Association, Ms. Collins developed the knowledge needed to answer a high volume of inquiries from hundreds of Maine municipalities per year. In private practice, she has worked with some of Maine's largest service center communities and some of its smallest towns, advising managers, councils, selectmen, land use boards, planners, HR managers, and code officers. Ms. Collins also assists individuals and companies in navigating the many political and legal challenges they may face in seeking permits and approvals, and provides general counsel to independent schools on policy-writing, contracts, personnel matters, and state and federal mandates. Her clients value the relationships she has built over her long municipal practice and her pragmatic approach to solving problems. Ms. Collins is a trusted ally to the municipal officials she serves, and has the respect of those before whom she appears. She is a frequent, well-regarded presenter around the state, teaching seminars and workshops on municipal legal matters. Ms. Collins has practiced before many Maine courts and administrative agencies, and successfully argued several appeals before Maine's Law Court. She earned her undergraduate degree in international relations from Colgate University in Hamilton, New York her J.D. degree from the University of Maine School of Law.
Speaker bio
Cameron A. Ferrante
is an experienced municipal and administrative law attorney in Preti Flaherty's Municipal Law and Finance Practice Group based out of the firm's Portland office. He focuses his practice on assisting municipalities, individuals, and related entities navigate the daily aspects of municipal law alongside more complex matters including regulatory challenges, land use, and zoning, providing clients with candid advice and practical, creative solutions. As a members the firm's Public Finance Group, Mr. Ferrante also acts as bond counsel for municipalities and other governmental entities, assisting with all aspects of public financing, including the issuance of general obligation bonds, revenue bonds, bond and tax anticipation notes, and lease-purchase arrangements. Mr. Ferrante also counsels municipal clients through the process of obtaining financing through private placements, public offerings, and conduit issuers, including the Maine Municipal Bond Bank. A native New Englander, Mr. Ferrante eraned his undergraduate degree from Bates College and his J.D. degree from Northeastern University School of Law. He now lives in Falmouth, Maine with his family.
Speaker bio
Brandon J. Mazer
is a shareholder at Perkins Thompson and a member of the Business and Corporate, Municipal Law, and Land Use and Environmental practice groups. Prior to joining Perkins Thompson, he was general counsel for a multi-state brewery for nearly a decade and has extensive knowledge of alcohol regulations and compliance across the U.S. and internationally. Mr. Mazer also has significant experience advising clients with alcohol distribution agreements. Having worked as general counsel for a variety of small businesses, he brings an understanding of the unique needs of his business clients and approaches each of their issues in a solution-oriented way. Mr. Mazer's business practice focuses on advising clients on all aspects of their operation, including entity formation, sales and acquisitions, contract negotiations, and general, day-to-day business advice. Outside the office, he is chair of the Portland Planning Board, vice chair of the Board of Directors for Special Olympics Maine, and president of the Board of Trustees of Maine State Music Theater. Mr. Mazer has served on the national Brewers' Association's Government Affairs Committee and is past president of the Maine Brewers' Guild and Friends of Eastern Promenade.
Speaker bio
Joseph C. Siviski
is an attorney with the law firm of Perkins Thompson, where he maintains a diverse administrative law practice that extends to environmental, land use, and business immigration matters. He regularly advises individuals, municipalities, banks, utilities, and local and international companies of all sizes on environmental liability, due diligence, and permitting issues, and frequently represents clients before municipal boards, state courts, and state and federal agencies. Prior to attending law school, Mr. Siviski worked as an environmental consultant, where he assisted clients in the investigation, remediation, and redevelopment of contaminated properties. He earned his B.A. degree, cum laude, from Colby College and his J.D. degree, summa cum laude, from the University of Maine School of Law.
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