An Act To Encourage Neighborhood Schools and To Minimize Sprawl Caused by School Siting
Maine Legislature, Session 122, LD 1349
Committee: Education and Cultural Affairs
Sponsors: MILLS, BRAUTIGAM, LERMAN, COWGER, MARTIN, MITCHELL, ROTUNDO

Legislative Document 
No. 1349 
H.P.932 
House of Representatives, March 17, 2005 
An Act To Encourage Neighborhood Schools and To Minimize 
Sprawl Caused by School Siting 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative PlOTT I of Unity. 
Cosponsored by Senator MILLS of Somerset and 
I!/~ 
/J7.17!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRAUTIGAM of Falmouth, LERMAN of Augusta, Senators: COWGER of 
Kennebec, MARTIN of Aroostook, MITCHELL of Kennebec, ROTUNDO of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §I5908, sub-§5 is enacted to read: 
5. 
Nei.9bborhoQ~~Q_Q.ls. 
The state board may approve only 
those school construction projects that are proposed to be sited 
in a growth area designated in a comprehensive plan and zoning 
ordinance 
adopted pursuant to 
and 
found 
consistent with the 
procedures, goals and guidelines of Title 30-A, section 4347-A by 
the Executive Department, State Planning Office. 
In the 
absenc~ 
of 
an 
adopted, 
consistent 
comprehensive 
plan 
and 
zoning 
ordinance, 
the state board may 
approve 
a 
school construction 
project that is proposed to be sited in an area served by a 
public sewer system, 
an area identified in the latest Federal 
Decennial Census as a cenSUS-designated place or a compact area 
of 
an urban compact municipality as defined under Title 23, 
section 754. 
If suitable property is not available within a 
municipality's designated growth area, an area served by a public 
sewer system, a cenSUS-designated place or a compact area, the 
state board may 
not 
approve 
the 
school 
construction project 
unless 
the municipality within which the 
school 
construction 
project 
is 
located 
adopts 
a 
comprehensive 
plan 
and 
zoning 
ordinance 
that designates 
the 
area within 
1/2 
mile 
of 
the 
boundaries of the property as a growth area and adopts a capital 
~mprovement plan to provide tpe 
public 
sewer, 
public water, 
sidewalk 
and 
multiple-use 
path 
infrastructure 
necessary 
to 
support a 
compact pattern of neighborhood growth. 
The state 
board shall work with the State Planning Office to prepare and 
adopt 
criteria governing 
applications 
under 
this 
chapter 
to 
define "compact pattern of neighborhood growth" and the required 
infrastructure , 
including public sewer, public water, sidewalks 
and mUltiple-use paths. 
SUMMARY 
This bill encourages the building of schools only in areas 
of a municipality that already are served or will be served by a 
public infrastructure, such as sewer and water systems, sidewalks 
and bicycle paths. 
This bill allows the State Board of Education to approve 
school construction only if the site is within an area that is a 
designated growth area, an area served by a public sewer system, 
a census-designated place or a compact area. 
For a site meeting 
none 
of 
these 
criteria, 
the 
bill 
requires 
adoption 
of 
a 
comprehensive 
plan 
and 
zoning ordinance 
by 
the 
municipality 
before the state board may approve a project. 
Page l-LR1849(1)