An Act To Clarify the Use of Municipal Rate of Growth Ordinances
Maine Legislature, Session 121, LD 0531
Committee: State and Local Government
Sponsors: SUSLOVIC, BROMLEY, COLLINS, DUDLEY, EDER, KOFFMAN, MILLS

Legislative Document 
No. 531 
H.P.416 
House of Representatives, February 6,2003 
An Act To Clarify the Use of Municipal Rate of Growth Ordinances 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative SUSLOVIC of Portland. 
Cosponsored by Senator BROMLEY of Cumberland and 
!rl~1I1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: COLLINS of Wells, DUDLEY of Portland, EDER of Portland, KOFFMAN 
of Bar Harbor, McLAUGHLIN of Cape Elizabeth, MILLS of Cornville. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30·A MRSA §4360, as enacted by PL 2001, c. 591, §1, 
is repealed and the following enacted in its place: 
§4360. 
Rate of growth ordinances 
A municipality may enact a rate of growth ordinance under 
its home 
rule authority limiting the 
number 
of building or 
development permits issued over 
a 
designated time 
frame only 
under the following circumstances. 
1. 
Temporaq rate of growth ordinances. 
A temporary rate 
of growth ordinance: 
A. 
Must be needed to provide time for the municipality to 
take specific actions 
to 
improve facilities or services 
needed to accommodate growth; 
B. 
Must be enacted for a definite term, not to exceed 2 
years, 
unless 
the municipality is 
granted 
an 
exception 
pursuant to rules established by the office. 
Rules adopted 
pursuant to this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-Aj and 
C. 
May be enacted only once during any 10-year period. 
2. 
Ongoing 
rate 
of 
growth 
ordinances 
that 
apply 
to 
designated growth areas. 
A municipality with a 
comprehensive 
plan adopted under this chapter may adopt an ongoing rate of 
growth ordinance that applies only to designated growth areas if 
the rate of growth ordinance reguires that the number of permits 
issued annually under the rate of growth ordinance be determined 
according to a formula specified in rules adopted by the office. 
Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
3. 
Ongoing 
rate 
of 
growth 
ordinances 
that 
apply 
to 
designated 
rural 
areas. 
Notwi thstanding 
subsection 
2, 
a 
municipality with a comprehensive plan adopted under this chapter 
may adopt an ongoing rate of growth ordinance that applies only 
to designated rural areas if: 
A. 
The rate of growth ordinance is recommended in the 
comprehensive plan as a mechanism for guiding growth; and 
B. 
The comprehensive plan lays out policies and strategies 
for accommodating most of the community's future growth in 
designated growth areas. 
SUMMARY 
This 
bill 
outlines 
the 
parameters 
within 
which 
a 
municipality may adopt a rate of growth ordinance. Temporary rate 
of growth ordinances may be enacted only to slow development 
while a community works toward solving the problems necessitating 
the 
rate 
of 
growth 
ordinance. 
A permanent 
rate 
of 
growth 
ordinance may be enacted to apply to a designated growth area 
only if the ordinance requires that the number of permits issued 
annually 
under 
the 
rate 
of 
growth 
ordinance 
be 
determined 
according 
to 
a 
formula 
specified 
in 
rules 
adopted 
by 
the 
Executive Department, State Planning Office. 
A permanent rate of 
growth ordinance may be enacted to apply to a designated rural 
area only if the ordinance is recommended in the municipality's 
comprehensive plan as a 
mechanism for guiding growth and the 
comprehensive 
plan 
lays 
out 
policies 
and 
strategies 
for 
accommodating most of the community's future growth in designated 
growth areas.