An Act To Improve Subdivision Standards (AFTER DEADLINE)
Maine Legislature, Session 121, LD 1617
Committee: Natural Resources
Sponsors: KOFFMAN, MARTIN, DUNLAP, JACKSON, LEMOINE, RICHARDSON, TOBIN, EDMONDS, SAWYER
Amends: 12 MRSA §685-B, 30-A MRSA §4404

Legislative Document 
No. 1617 
H.P.1195 
House of Representatives, May 16, 2003 
An Act To Improve Subdivision Standards 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator MARTIN of Aroostook and 
17/~ 
frl.1/b£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUNLAP of Old Town, JACKSON of Fort Kent, LEMOINE of Old Orchard 
Beach, McKEE of Wayne, RICHARDSON of Brunswick, TOBIN of Windham, Senators: 
EDMONDS of Cumberland, SAWYER of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as foHows~ 
Sec. 1. 12 MRSA §685-B, sub-§4-A is enacted to read: 
4-A. 
Subdivision 
of 
liquidated 
timberland. 
When 
considering 
an 
application 
pursuant 
to 
subsection 
4, 
the 
commission may not approve an application for subdivision if it 
finds that: 
A. 
Within 5 years prior to the date of the subdivision 
application, the land proposed for subdivision was used 
primarily as timberland: 
B. 
Within 5 years prior to the date of the subdivision 
application, 
the land proposed for subdivision changed 
ownership; 
c. 
The proposed subdivision would convert the primary use 
of the land from timberland to nontimberland use: and 
D. 
The land being subdivided exceeds 100 acres by itself or 
in conjunction with other divisions that were created out of 
the same parcel of record within 5 years-prior to the date 
of the subdivision application and that resulted in the 
conversion of the primary use of the lots from timberland to 
nontimberland use. 
Sec. 2. 
30-A MRSA §4404, sub-§18, as amended by PL 1997, c. 
226, §3, is further amended to read: 
18. 
cumulative 
unreasonably 
during 
the 
subdivision; 
Lake 
phosphorus 
concentration. 
The 
long-term 
effects 
of 
the 
proposed 
subdivision 
will 
not 
increase a great pond I s phosphorus concentration 
construction 
phase 
and 
life 
of 
the 
proposed 
aBEl 
Sec. 3. 30-A MRSA §4404, sub-§19, as enacted by PL 1997, c. 
226, §4, is amended to read: 
19. Impact on adjoining municipality. 
For any proposed 
subdivision that crosses municipal boundaries, 
the proposed 
subdivision will not cause unreasonable traffic congestion or 
unsafe conditions with respect to the use of existing public ways 
in an adjoining municipality in which part of the subdivision is 
locatedT; and 
Sec. 4. 30-A MRSA §4404, sub-§20 is enacted to read: 
20. Subdivision of liquidated timberland. 
For any proposed 
subdivision that involves land located outside of a designated 
Page l-LR2l42(1) 
growth area pursuant to section 4326, subsection 3-A, paragraph A: 
A. 
Within 5 years prior to the date of the subdivision 
application, the land proposed for subdivision was not used 
primarily as timberland; 
B. 
Within 5 years prior to the date of the subdivision 
application, 
the 
land proposed 
for 
subdivision did not 
change ownership; 
C. 
The proposed subdivision would not convert the primary 
use of the land from timberland to nontimberland use; and 
D. 
The land being subdivided does not exceed 100 acres~ 
itself or in conjunction with other divisions that were 
created out of the same parcel of record wi thin 5 years 
prior to the date of the subdivision application and that 
resulted in the conversion of the primary use of the lots 
from timberland to nontimberland use. 
SUMMARY 
This bill prohibits subdivisions that convert the primary 
use 
of 
the 
land 
from 
timberland 
to 
nontimberland 
use 
in 
situations when the land being subdivided has changed ownership 
in the 5 years preceding the subdivision application, when the 
subdivision would 
convert the primary use of the 
land 
from 
timberland to nontimberland use and when the subdivision exceeds 
acres alone or in conjunction with other similar divisions 
created within 5 years out of the same parcel of land that 
resulted in conversion of the primary use of those subdivisions 
from timberland to nontimberland use. 
This bill applies to 
subdivisions reviewed by the Maine Land Use Regulation Commission 
and applies to subdivisions reviewed by a municipal reviewing 
authority.