Potential Harbor Ordinance Changes in Southwest Harbor
Aug 15, 2025
The Bar Harbor Story is generously sponsored by Ironbound Restaurant – Inn – Gatherings.
SOUTHWEST HARBOR—The Southwest Harbor Select Board authorized Code Enforcement Officer John Larson to file 80K Action against the owner of 125 Bass Harbor Road during its Tuesday, August 12 meeting.
“I don’t think we have an option,” said select board member Natasha Johnson. “I feel like we, at least, we still need to follow it through: the agreement that we made previously.”
Code enforcement officers can have 80k certifications through the state. That certification allows a code enforcement officer to go to district court on behalf of the town they represent and prosecute alleged violations of their municipality’s land use regulations.
The select board authorized Larson to do just that for the Bass Harbor Road property.
“There was a history there that was part of that package that says that the select board entered into a consent agreement,” said Larson during the meeting, “and they failed to complete that consent agreement. That’s the reason I’m asking for 80K action.”
In 2022, the town had issued a notice of violation to the property owner, Tina Louise Lawson. That notice said that she needed to remove the unregistered and uninspected motor vehicles from the property and dispose of all worn-out and discarded items by dates in July 2022.
There had been a consent agreement with the town, signed by the select board members, in January 2024, after a code enforcement officer visited in November 2023 and documented that the property still had an “unregistered car, filled with trash; one unregistered, enclosed trailer; one unregistered camper; and two unregistered boats. The yard was also covered with worn-out discarded items, trash, and other debris creating unsafe and unsanitary conditions.”
On December 1, 2023, the town issued a notice of violation, which was signed by T.L. Lawson’s husband. The code enforcement officer had also asked “for legal funds to initiate 80k legal action,” according to that 2024 consent agreement.
The select board at the time denied the legal action and offered paying for a 10-yard roll-off dumpster, which was part of the consent agreement. In that agreement Lawson agreed to clean up the debris, the household trash, and that she would use her 2,000-pound allocation at the transfer station to dispose of waste and pay for any waste over that amount.
The agreement had said the property needed to be cleaned by July 17, 2024. In the agreement’s last paragraph, it states that unless the violations are fixed by the July 2024 date, the code enforcement officer would refer it to the town’s officers for potential legal action.
If the town wins the case, it goes on, Lawson could be liable for the town’s attorney fees and costs as well as the civil penalties of up to $2,500 per day, per violation.
The power to bring Lawson to court is detailed in Maine’s 80K rule and certification process.
“Rule 80K provides a simpler, speedier and less costly procedure for the prosecution of land use violations. It applies in the District Court, while prosecuting cases through a lawyer in the Superior Court remains available as an alternative. Under Rule 80K the District Court can order violators to pay fines and to stop or correct a violation. The system authorizes certified non-lawyer employees (as well as lawyers) to represent municipalities, the (“DEP”) and the Maine Land Use Planning Commission (formerly the Maine Land Use Regulation Commission, or, “LURC”) in the prosecution of land use violations,” according to a State of Maine 2017 certification manual.
POTENTIAL ORDINANCE CHANGES AND OTHER BUSINESS
The board discussed potential changes to the town’s harbor ordinances and wireless communication ordinances. It released a sewer lien certificate from 1995, and completed debt service agreements for the waste water treatment plant upgrade.
QUICK NOTE: There is a second story about the meeting here.
Follow us on Facebook or BlueSky or Instagram. And as a reminder, you can easily view all our past stories and press releases here.
Bar Harbor Story is a mostly reader-supported publication. To receive new posts and support our work, please consider becoming a free or paid subscriber. Thanks for being here with us and being part of our community, too!
Thanks for reading Bar Harbor Story ! This post is public so feel free to share it.
If you’d like to donate to help support us, you can, but no pressure! Just click here (about how you can give) or here (a direct link), which is the same as the button below.
If you’d like to sponsor the Bar Harbor Story, you can! Learn more here.
THANK YOU FOR SUPPORTING OUR COMMITMENT TO YOUR COMMUNITY
You can help us keep bring you news from all around the island every day.
Make a monthly donation
Make a yearly donation
Choose an amount
Or enter a custom amount
Your contribution is appreciated.
Your contribution is appreciated.
Your contribution is appreciated.
DonateDonate monthlyDonate yearlyDiscover more from Bar Harbor Story
Subscribe to get the latest posts sent to your email.