An Act To Implement the Recommendations of the Community Preservation Advisory Committee Regarding the State Planning Office's Review of Growth Management Programs
Maine Legislature, Session 121, LD 1900
Committee: Natural Resources
Amends: 5 MRSA §1589, 30-A MRSA §4314, 30-A MRSA §4323, 30-A MRSA §4324, 30-A MRSA §4346, 30-A MRSA §4347-A, 30-A MRSA §4347, 30-A MRSA §4352

Legislative Document 
No. 1900 
S.P.744 
In Senate, March 2, 2004 
An Act To Implement the Recommendations of the Community 
Preservation Advisory Committee Regarding the State Planning 
Office's Review of Growth Management Programs 
(EMERGENCY) 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Resolve 2003, chapter 34 and chapter 101, section 3. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
several 
municipalities 
may 
lose 
financial 
assistance 
and 
regional 
planning grants 
if the 
law 
is 
not 
clarified to allow those grants to be carried forward twice; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1589, first 11, as amended by PL 1995, c. 464, 
§5, is further amended to read: 
At the end of each fiscal year, unencumbered appropriation 
and allocation balances lapse into the appropriate fund and are 
not available unless authorized by law. 
Encumbered balances may 
not be carried forward more than once at the end of a fiscal 
year, 
except that all 
encumbered balances 
and 
accounts 
for 
financial assistance and regional planning grants in accordance 
with Title 30 A, chapter 187 may be carried forward for 2 years 
beyond the year in which those balances are encumbered. 
Sec. 2. 30·A MRSA §4314, sub·§I, as amended by PL 2001, c. 
406, §3, is further amended to read: 
1. 
Comprehensive 
p1an. 
A municipal 
comprehensive 
plan 
adopted or 
amended by 
a municipality under 
former Title 30, 
chapter 239, 
subchapter V .5. or V± 
.Q. 
remains in effect until 
amended or repealed in accordance with the procedures, goals and 
guidelines established in this subchapter. 
Sec. 3. 30·A MRSA §4314, sub·§2, as amended by PL 200L c. 
406, §3, is repealed and the following enacted in its place: 
2. 
Shore1and 
and 
f1oodp1ain 
zoning 
ordinances. 
Notwithstanding section 4352, 
subsection 2, 
any portion of a 
zoning ordinance that is not consistent with a comprehensive plan 
adopted in accordance with the procedures, goals and guidelines 
established in this subchapter is no longer in effect 24 months 
after adoption of the plan unless the ordinance: 
A. 
Does not regulate land use beyond the area required by 
Title 38t chapter 3, subchapter 1, article 2-8; or 
Page l-LR2800(1) 
B. 
Is adopted pursuant to and complies with the provisions 
of Title 38, section 440 and complies with the requirements 
of the Federal Flood Insurance Program. 
Sec. 4. 30-A MRSA §4314. sub-§3. as amended by PL 2001, c. 
578, §10, is further amended to read: 
3. 
Rate of growth, zoning and impact fee ordinances. 
After 
January 
1, 
2003, 
any 
portion 
of 
a 
municipality's 
or 
multimunicipal region's rate of growth, 
zoning or impact fee 
ordinance must be consistent with a 
comprehensive plan adopted 
l:lssel' in accordance with the procedures, goals and guidelines 
established in this subchapter. 
The portion of a rate of growth, 
zoning or impact fee ordinance that is not consistent with a 
comprehensive plan is no longer in effect unless: 
c. 
The ordinance or portion of the ordinance is exempted 
under subsection 2; 
D. 
The 
municipality 
or 
multimunicipal 
region 
is 
under 
contract with the office to prepare a comprehensive plan or 
implementation 
program, 
in 
which 
case 
the 
ordinance 
or 
portion of the ordinance remains valid for up to 4 years 
after receipt of the first installment of its first planning 
assistance grant or for up to 2 years after receipt of the 
first installment of its first implementation assistance 
grant, whichever is earlier; 
E. 
The ordinance or portion of the ordinance conflicts with 
a newly adopted comprehensive plan or plan amendment adopted 
l:lssel' 
in 
accordance 
with 
the 
procedures, 
goals 
and 
guidelines established in this subchapter, in which case the 
ordinance or portion of the ordinance remains in effect for 
a period of up to 24 months immediately following adoption 
of the comprehensive plan or plan amendment; or 
F. 
The municipality or mUltimunicipal region applied for 
and was denied financial assistance for its first planning 
assistance or 
implementation assistance grant under 
this 
subchapter due to lack of state funds on or before January 
1, 2003. 
If the office subsequently offers the municipality 
or multimunicipal region its first planning assistance or 
implementation 
assistance 
grant, 
the 
municipality 
or 
mul timunicipa1 region has up to one year to contract with 
the office to prepare a comprehensive plan or implementation 
program, in which case the municipality's or mul timunicipal 
region's ordinances will be subject to paragraph D. 
Sec. 5. 30-A MRSA §4314. sub-§4. as enacted by PL 1991, c. 
722, §6 and affected by §11, is repealed. 
Sec. 6. 30-A MRSA §4323. sub-§2. as enacted by PL 1989, c. 
104, Pt. A, §45 and Pt. C, §10, is amended to read: 
2. 
Growth management proqram. 
Adopt and amend local growth 
management 
programs, 
including 
comprehensive 
plans 
and 
implementation programs, consistent with the procedures, goals 
and guidelines established in this subchapter; and 
Sec. 7. 30-A MRSA §4324. sub-§§l and 2, as amended by PL 2001, 
c. 578, §13, are further amended to read: 
1. 
Growth 
management 
proqram. 
Each 
municipality 
or 
mUltimunicipal region may prepare a growth management program in 
accordance 
with 
this 
section 
or 
may 
amend 
its 
existing 
comprehensive plan and existing land use ordinances to comply 
with the procedures, goals and guidelines established in this 
subchapter. 
2. 
Planninq committee. 
If a municipality or multimuilicipal 
region 
chooses 
to 
prepare 
a 
growth 
management 
program, 
the 
municipal 
officers 
of 
a 
municipality 
or 
combination 
of 
municipalities 
shall 
designate 
and 
establish 
a 
planning 
committee, which may include one or more municipal officials. 
A. 
The 
municipal 
officers 
may 
designate 
any 
existing 
planning board or district established under subchapter IV 
1., 
or 
a 
former 
similar 
prov~s~on, 
as 
the 
planning 
commi ttee. 
Planning boards established under former Title 
30, section 4952, subsection 1 continue to be governed by 
those provisions until they are superseded by municipal 
charter or ordinance. 
B. 
The 
planning 
committee 
may 
develop 
and maintain 
a 
comprehensive 
plan 
and 
may 
develop 
any 
portion 
of 
an 
implementation program to which it is assigned in an adopted 
comprehensive plan or otherwise directed by the municipal 
officers 
or 
municipal 
legislative 
body 
or 
bodies. 
In 
performing these duties, the planning committee shall: 
(1) 
Hold public hearings and use other methods to 
solicit and strongly encourage citizen input; and 
(2) 
Prepare the comprehensive plan or 
the implementation program to which it 
an adopted comprehensive plan and make 
to 
the 
municipal 
legislative 
body 
any portion of 
is assigned in 
recommendations 
regarding 
the 
adoption and implementation of the program or amended 
program. 
Sec. 8. 30·A MRSA §4324, sub·§8. as amended by PL 2001, c. 
578, §13, is further amended to read: 
8. 
Public hearing required. 
The planning committee shall 
hold at least one public hearing on its proposed comprehensive 
plan. 
A. 
Notice of asy .Q public hearing must be posted in each 
municipality at least 30 days before the hearing, except 
that, if a follow up hearing is held pursuant to comments 
made at 
a 
public hearing, 
the follow-up hearing may 
be 
conducted if notice is posted at least 14 days prior to the 
hearing. 
B. 
A copy of the proposed comprehensive plan must be made 
available for public inspection at each municipal office or 
other convenient location with regular public hours at least 
days before the hearing. 
If modification of the plan is 
proposed pursuant to comments made at a public hearing, and 
if a follow up public hearing is to be held, the proposed 
changes must be made available for public inspection at each 
municipal office or other· convenient location with regular 
public hours at least 7 days before any follow-up hearing. 
Sec. 9. 30·A MRSA §4345. first" as amended by PL 
2001, c. 
578, §18, is further amended to read: 
Under 
the provisions of this article, 
a municipality or 
multimunicipal 
region 
may 
request 
financial 
or 
technical 
assistance 
from 
the office 
for 
the purpose 
of planning 
and 
implementing 
a 
growth management 
program. 
A municipality or 
multimunicipal 
region that requests 
and 
receives 
a 
financial 
assistance 
grant 
shall 
develop 
and 
implement 
its 
growth 
management program in cooperation with the office and in a manner 
consistent with the ~~ey4s4ess-~-~~~-a~~4e*e procedures, goals 
and guidelines established in this subchapter. 
Sec. 10. 30·A MRSA §4346, 2nd" as amended by PL 2001, c. 
578, §19, is further amended to read: 
The office may enter into financial assistance grants only 
to the extent that funds are available. 
In making grants, the 
office shall consider the need for planning in a municipality or 
multimunicipal 
region, 
the 
proximity of 
the municipality or 
multimunicipal region to other areas that are conducting or have 
completed the planning process and the economic and geographic 
role 
of 
the municipality or 
multimunicipal 
region within 
a 
regional context. 
The office may consider other criteria in 
making grants, 
as 
long as the criteria support the goal of 
encouraging and facilitating the adoption and implementation of 
local and multimunicipal growth management programs consistent 
with 
the 
pFevisieas--e~--~ai6--aF~ie~e procedures, 
goals 
and 
guidelines established in this subchapter. 
In order to maximize 
the 
availability 
of 
the 
technical 
and 
financial 
assistance 
program 
to 
all 
municipalities, 
multimunicipal 
regions 
and 
regional 
councils, 
financial 
assistance 
programs 
administered 
competitively under this article are exempt from rules adopted by 
the Department of Administrative and Financial Services pursuant 
to Title 5, section 1825-C for use in the purchase of services 
and the awarding of grants 
and contracts. 
The office shall 
publish a 
program statement describing its grant program and 
advertising its availability to eligible applicants. 
Sec. 11. 30-A MRSA §4346. sub-§2-B, 1rH. as amended by PL 2001, 
c. 578, §19, is further amended to read: 
H. 
Any other purpose agreed to by the office and the 
municipality 
or 
multimunicipal 
region 
that 
is 
directly 
related to the preparation of a comprehensive plan or the 
implementation of 
a 
comprehensive plan adopted 
HReeF 
in 
accordance 
with 
the 
procedures, 
goals 
and 
guidelines 
established in this subchapter. 
Sec. 12. 30-A MRSA §4346. sub-§2-D is enacted to read: 
2-D. 
Encumbered 
balances 
at 
year-end. 
Notwithstanding 
Title 5, 
section 1589, at the end of each fiscal year, all 
encumbered 
balances 
accounts 
for 
financial 
assistance 
and 
regional planning grants may be carried forward for 
years 
beyond the year in which those balances are encumbered. 
Sec. 13. 30-A MRSA §4347-A. sub-§I. as amended by PL 2001, c. 
578, §20, is repealed and the following enacted in its place: 
1. 
Comprehensive plans. 
A municipality or mUltimunicipal 
region that chooses to prepare a growth management program and 
that receives a planning grant under this article shall submit 
its comprehensive plan to the office for review. 
A municipality 
or 
mUltimunicipal 
region 
that 
chooses 
to 
prepare 
a 
growth 
management program without receiving a planning grant under this 
article may 
submit its comprehensive plan to the office for 
review. 
A. 
The office shall review plans for consistency with the 
procedures, 
goals 
and 
guidelines 
established 
in 
this 
subchapter. 
A contract for a planning assistance grant must 
include specific timetables governing the 
review of the 
comprehensive plan by 
the office. 
A comprehensive plan 
submitted 
for 
review 
more 
than 
months 
following 
a 
contract 
end 
date 
may 
be 
reguired 
to 
contain 
data, 
projections and other time-sensitive portions of the plan or 
program 
that 
are 
in 
compliance 
with 
the office's most 
current review standards. 
B. 
Except 
as 
provided 
in 
paragraph 
C, 
a 
finding 
of 
consistency of a municipality's or multimunicipal region's 
comprehensive plan under this article is valid for 15 years 
from the date of adoption or finding of consistency by the 
office, whichever is earlier, unless otherwise stated in the 
finding. 
The office may 
adopt rules to reguire that a 
municipality's or multimunicipal region's comprehensive plan 
under this article provide a schedule for future update of 
the plan to begin no later than 12 years after adoption or 
finding of consistency by the office, whichever is earlier. 
In no case is a finding of. consistency valid for more than 
years 
from 
the 
original 
adoption 
or 
finding 
date, 
whichever 
is 
earlier. 
Rules 
adopted 
pursuant 
to 
this 
paragraph are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
C. 
A finding of consistency dated prior to January 1, 1996 
is valid until January L 
2006 or for 15 years from the 
finding date, whichever is later. 
Sec. 14. 30-A MRSA §4347-A. sub-§2, ~C is enacted to read: 
C. 
Upon a reguest for review under this section, the office 
may review rate of growth, impact fee and zoning ordinances 
to determine whether the ordinances are consistent with a 
comprehensive plan that has been found consistent under this 
section without reguiring submission of all elements of a 
growth 
management 
program. 
An 
affirmative 
finding 
of 
consistency by the office is reguired for a municipality or 
mUltimunicipal region to assert jurisdiction as provided ln 
section 4349-A and section 4352, subsection 6. 
Sec. 15. 30-A MRSA §4347, sub-§3. ~~C and D, as amended by PL 
2001, c. 578, §20, are further amended to read: 
C. 
Within 60 days after receiving the comprehensive plan or 
days after receiving the growth management program, send 
all written comments on the comprehensive plan or growth 
management 
program to 
the municipality or multimunicipal 
region and any applicable regional council. 
If warranted, 
the office shall issue findings specifically describing how 
the 
submitted plan or growth management 
program is not 
consistent 
with 
the 
procedures, 
goals 
and 
guidelines 
established in this subchapter and the recommended measures 
for remedying the deficiencies. 
(1) 
In its findings, the office shall clearly indicate 
its 
position 
on 
any 
point 
on 
which 
there 
are 
significant 
conflicts 
among 
the 
written 
comments 
submitted to the office. 
(2) 
If the office finds that the comprehensive plan or 
growth 
management 
program 
was 
adopted 
\:Uiae!' 
in 
accordance with the procedures, goals and guidelines 
established in this subchapter, the office shall issue 
a finding of consistency for the comprehensive plan or 
a certificate of consistency for the growth management 
program. 
(3) 
Notwithstanding paragraph D, if a municipality or 
multimunicipal 
region 
requests 
a 
certificate 
of 
consistency 
for 
its growth 
management 
program, 
any 
unmodified 
component 
of 
that 
program 
that 
has 
previously been reviewed by the office and has received 
a 
finding 
of 
consistency will 
retain that 
finding 
during program certification review by the office as 
long 
as 
the 
finding 
of 
consistency is 
current 
as 
defined in rules adopted by the office; 
D. 
Provide 
ample 
opportunity 
for 
the 
municipality 
or 
multimunicipal 
region submitting 
a 
comprehensive plan or 
growth management program to respond to and correct any 
identified deficiencies in the plan or program. 
A finding 
of 
inconsistency 
for 
a 
comprehensive 
plan 
or 
growth 
management program may be addressed within 24 months of the 
date of the finding without jeepa!'ai&ia~-pa!'~ia~-£iBaiH~&-e£ 
eeBs:i:sseBey--cK-t.-a-Hled--a\H:iH~--t.-ha-t--!'eyiew addressing any new 
review standards that are created during that time interval. 
After 24 months, the plan or program must be resubmitted in 
its entirety for 
state 
review 
under 
the office's 
most 
current review standards; and 
Sec. 16. 30·A MRSA §4349.A~ sub·§I, 1fA, as amended by PL 2001, 
c. 406, §12, is further amended to read: 
A. 
A locally designated growth area, as identified in a 
comprehensive plan adopted pursuant to and consistent with 
the procedures, goals and guidelines of this subchapter or 
as identified in a growth management program certified under 
section 4347-A; 
Sec. 17. 30·A MRSA §4349·A, sub.§3, as amended by PL 2001, c. 
406, §15, is further amended to read: 
3. 
Preference for other state grants and investments. 
When 
awarding grants or making a discretionary investment under any of 
the programs under paragraphs A and B or undertaking its own 
capital investment programs other than for projects identified in 
section 4301, subsection 5-B, a state agency shall respect the 
primary purpose of its grant or investment program and, to the 
extent feasible, give preference first to a municipality that 
receives a certificate of consistency under section 4347-A and 
2nd to 
a 
municipality that has 
adopted a 
comprehensive plan 
consistent with the procedures, 
goals and guidelines of this 
subchapter 
over 
a 
municipality 
that 
does 
not 
obtain 
the 
certificate or 
finding 
of 
consistency within 
years 
after 
receipt of the first installment of a financial assistance grant 
or 
rejection 
of 
an 
offer 
of 
financial 
assistance. 
This 
subsection applies to: 
A. 
Programs that assist in the acquisition of 
conservation, 
natural 
resource protection, 
open 
recreational facilities under Title 5, chapter 353; 
B. 
Programs intended to: 
land for 
space or 
and 
(1) 
Accommodate 
or encourage additional 
growth 
and 
development; 
(2) 
Improve, expand or construct public facilities; or 
(3) 
Acquire land for conservation or management of 
specific economic and natural resource concerns. 
This 
subsection 
does 
assistance 
for 
sewage 
programs or education. 
not 
apply 
treatment 
to 
state 
grants 
or 
facilities, 
public 
other 
health 
The office shall work with state agencies 
for establishing preferences in specific 
programs as described in paragraphs A and B. 
to prepare 
investment 
mechanisms 
and grant 
Sec. 18. 30-A MRSA §4352, sub-§6, as amended by PL 1993, c. 
721, Pt. A, §ll and affected by Pt. H, §l, is further amended to 
read: 
6. 
Effect on State. 
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StateT--E~€€~-~~~~-~a-~Ris-£€€~~~~7-~~~~-~H&y-sRall 
eemply-~1t~-a-~~-e~aiHaHee-~~~--witR-~-eemp~eReHSiye 
plaH-~~--~&-€~~£~£~€~~-~1t~-tRe-~~~~-&f-£€€~~~~-~~-iH 
seekiH~--te--aeyelep--aHy--b~ilaiH~T--pa~kin~--£aei±ity--er--etker 
pysl.iely--owne-d--sl;J;'yel;YJ;'eT Zoning and other land use ordinances 
are 
advisory with 
respect 
to 
the 
State, 
except 
that, 
when 
developing any buildings, parking facilities or other publicly 
owned structures, 
a state agency shall comply with zoning and 
other 
land 
use 
ordinances 
that 
the 
office 
determines 
are 
consistent with a comprehensive plan that the office has found 
consistent under section 4347-A. 
The Governor or the Governor's 
designee may, 
after public notice and opportunity for public 
comment, 
including written notice 
to 
the municipal officers, 
waive any yse restrictions in those ordinances upon finding that: 
A. 
The 
proposed 
use 
is 
not 
allowed 
anywhere 
in 
the 
municipality; 
B. 
There 
are 
no 
reasonable 
alternative 
sites 
for 
or 
configurations of the project within the municipality that 
would achieve the necessary public purposes; 
C. 
There are no reasonable alternatives to the project, 
including sites in other municipalities, that would achieve 
the necessary public purposes; 
D. 
The project will· resul t 
in public benefits beyond the 
limits of the municipality, 
including without limitation, 
access to public waters or publicly owned lands; aBa or 
E. 
The project is necessary to protect the public health, 
welfare or environment. 
A decision to waive 
a 
restriction under this section may be 
appealed by the municipality or any aggrieved party to Superior 
Court. 
Sec. 19. 38 MRS A §440, 2nd ~. as reallocated by PL 1985, c. 
481, Pt. A, §28, is amended to read: 
6eB.iB~--9J;'a,iBaBeeS A zoning ordiance adopted or 
extended 
pursuant to this section saall must be pursuant to and consistent 
with a comprehensive plan unless the ordinance complies with the 
requirements of the Federal Flood Insurance Program or other 
provisions of this section. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill clarifies that financial aid contracts are allowed 
to 
extend 
beyond 
a 
single 
fiscal 
year. 
It clarifies that 
floodplain 
ordinances 
that 
comply 
with 
the 
Federal 
Flood 
Insurance Program are exempt from the requirement that ordinances 
must be consistent with a comprehensive plan. 
It clarifies that 
the 
term 
"under this subchapter" 
means 
consistency with the 
procedures, 
goals 
and 
guidelines 
established 
in 
the 
growth 
management law. 
It provides that a comprehensive plan is valid 
for 15 years. 
It amends notice requirements for follow-up public 
hearings that are held as a result of comments made at an initial 
public hearing. 
It provides that the Executive Department, State 
Planning Office, if requested, may review certain ordinances to 
determine whether they are consistent with a comprehensive plan 
without 
requiring 
submission 
of 
all 
elements 
of 
a 
growth 
management program. 
It also provides that an affirmative finding 
of consistency by the State Planning Office is required for a 
municipality to assert jurisdiction regarding state investments.