An Act To Amend the Laws Governing Minimum Lot Size
Maine Legislature, Session 121, LD 0695
Committee: Natural Resources
Sponsors: ASH, BOWEN, WESTON
Amends: 4 MRSA §152, 12 MRSA §685-B, 36 MRSA §1109

Legislative Document 
No. 695 
H.P.512 
House of Representatives, February 14,2003 
An Act To Amend the Laws Governing Minimum Lot Size 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative McNEil.. of Rockland. 
111~ 
111.1J)u~ 
Mil..LICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative ASH of Belfast, Senator SA V AGE of Knox and 
Representative: BOWEN of Rockport, Senator: WESTON of Waldo. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §152, sub-§6-A, ,B, as enacted by PL 1989, c. 
878, Pt. A, §7, is repealed. 
Sec. 2. 12 MRSA §685-B, sub-§4, ,A, as amended by PL 1999, c. 
333, §16, is further amended to read: 
A. 
Adequate technical and financial provision has been made 
for complying with the requirements of the State' s air and 
water pollution control and other environmental laws, 
and 
those 
standards 
and 
regulations 
adopted 
with 
respect 
theretoT-~~~~-wi~aea~-~~ffii~at~~-~-m~R~mum-~--6ige 
±aw6T--£~£~~~R£--~---~--48G1-GT the 
site 
location 
of 
development laws, Title 38, sections 481 to 490, 
and the 
natural resource protection laws, Title 38, sections 480-A 
to 480-Z, 
and adequate provision has been made for solid 
waste 
and 
sewage disposal, 
for controlling of offensive 
odors and for the securing and maintenance of sufficient 
healthful water supplies; 
Sec.3. 12 MRS A c. 423-A. as amended, is repealed. 
Sec. 4. 36 MRSA §1109, sub-§3, as amended by PL 1993, c. 452, 
§§10 and 11, is further amended by amending the last blocked 
paragraph to read: 
If a parcel of land for which the owner or owners are seeking 
classification as open space contains any principal or accessory 
structures or any substantial improvements that are inconsistent 
with the preservation of the land as open space, the owner or 
owners in their schedule shall exclude from their application for 
classification as open space a parcel of land containing those 
buildings or improvements at least equivalent in size to the 
6~a~e minimum lot size as prescribed ay-~~~~~-~~-~~~a-48G7-A 
SF by the zoning ordinances or zoning map pertaining to the area 
in which the land is 
locatedT-~~~-~£--±aF~eF. 
For the 
purposes of this section, if any of the buildings or improvements 
are 
located within shoreland areas 
as 
defined in Title 
38, 
chapter 3, subchapter I 
~, article 2-8, the excluded parcel must 
include the minimum shoreland frontage required by the applicable 
minimum lot standards under the minimum guidelines established 
pursuant to Title 38, chapter 3, subchapter I 
~, article 2-B or 
by the 
zoning ordinance for 
the area in which the 
land is 
located, whichever is larger. 
The shoreland frontage requirement 
is waived to the extent that the affected frontage is part of a 
contiguous shore path or a beach for which there is or will be, 
once classified, regular and substantial use by the public. 
The 
shoreland frontage requirement may be waived at the discretion of 
the legislative body of the municipality if it determines that a 
Page l-LR1267(1) 
... 
public benefit will be served by preventing future development 
near the shore or by securing access for the public on the 
particular shoreland area that would otherwise be excluded from 
classification. 
SUMMARY 
This bill repeals the 
minimum 
development 
using on-site subsurface 
also fixes cross-references . 
lot size requirements 
wastewater disposal. 
for 
It