Maine State Law Requirements for Posting Notifications of Public Meetings

The General Rule

1 MRSA § 406 requires public notice for a "meeting of a body or agency consisting of 3 or more persons." The statute does not require a particular form or medium of notice, but sets a general standard: "This notice shall be given in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public in the jurisdiction sewed by the body or agency concerned. In the event of an emergency meeting, local representatives of the media shall be notified of the meeting, whenever practical, the notification to include time and location, by the same or faster means used to notify the members of the agency conducting the public proceeding" (emphasis added).The body responsible for calling the meeting can determine what manner of notice is best. Circumstances to consider include: cost and availability of radio, television or print media, amount of time available, and past notification practices. However, the municipal officers or the voters may prefer to establish a uniform method for giving notice.
In some municipalities, the best method might be to simply post a notice at the town hall, town dump, local coffee shop, and any other place where members of the public are likely to see it. In other municipalities, the daily paper or local radio station might be the best way to reach the public.
The foregoing general rule is exactly that; a rule to use when there is no statute or local ordinance or regulation which sets more specific notice requirements. Any local rule must meet the requirement of 1 MRSA § 406 that the notice be reasonably calculated to notify the public.
Specific Requirements
  
The following list is a compilation of state laws which require particular time frames or forms of notice for public proceedings. This list is not all-inclusive, but does cite some commonly encountered laws. The laws are listed alphabetically by subject matter, with a brief description of the notice requirement. This is not intended to be used as a substitute for reading the full text of the statute. All time periods stated (e.g., "7 days") are minimums.
Charter Commission. 30-A MRSA §2103(2): 7 days' notice of organizational meeting. 30-A MRSA § 2103(5): 10 days' notice of public meeting, newspaper publication required. 30-A MRSA § 2104(5): amendments to charter require 7 days' notice, newspaper publication.
Comprehensive Plan. 30-A MRSA §4324(8): public hearing for proposed plan requires 30 days' notice, newspaper publication.
Ordinances. 30-A MRSA § 3002 requires 7 days' notice by posting for enactment or revision by the legislative body of a municipality.
Ordinances. For ordinances that can be enacted by Municipal Officers (i.e., Selectmen or Council): 30-A MRSA § 3008 (cable T.V.) requires 7 days' posted notice of meeting. 30-A MRSA § 3009 (traffic regulation) requires 7 days' posted notice of meeting. Although not specifically required by statute, a 7-day notice should also be given before adopting General Assistance Ordinances.
Referendum Question. For towns which have adopted a referendum, 30-A MRSA § 2528, 30-A MRSA § 2528(5) requires at least 7 days' notice of public hearing on the subject of the referendum. The hearing must be at least 10 days before the vote.
Subdivision Regulations. Where no local subdivision ordinance has been adopted, 30-A MRSA § 4403(2) requires 7 days' notice of hearing to adopt, amend or repeal regulations. 30-A MRSA § 4403(4) requires 7 days' notice by newspaper publication of any public hearing to approve subdivision application.
Town Meetings. For annual and special town meetings, 30-A MRSA § 2523 requires at least 7 days' notice by posting warrant in one or more conspicuous, public places in town.
Zoning. For a rezoning by either conditional or contract zoning, 30-A MRSA § 4352(8) requires public hearing, two notices by newspaper publication (the first of which must appear at least 7 days before the hearing), and posting of notice in the municipal office at least 14 days before the hearing. Notice to abutters is also required.
In addition to the foregoing, public hearings or meetings are required for such municipal activities as the issuance of licenses and permits. These include automobile graveyard permits, victualer's licenses, special amusement licenses, and the like. For further information on the specific requirements of these activities, see the MMA Licensing/Permitting Manual (1989).
In conclusion, a three-step process is recommended when you are unsure of the type or method of notice required for a public proceeding. First, read your local ordinance or charter for guidance; second, check the state statutes for particular requirements; finally (if you find nothing specific to guide you), follow the general rule outlined in 1 MRSA § 406. Bear in mind, however, that no local provision can undercut or relax the Maine Right to Know Law's requirements that notice be given of every meeting of a municipal body which consists of three or more members, and that "3 or more" refers to the total number of members of the body, not just the number expected to appear at any particular meeting. (By J.J.W./E.P.C.)