An Act To Sustain Good Local Planning Practices
Maine Legislature, Session 122, LD 1802
Committee: Natural Resources
Sponsors: EDMONDS, WEBSTER
Amends: 30-A MRSA §4401

Legislative Document 
No. 1802 
S.P. 719 
In Senate, December 30, 2005 
An Act To Sustain Good Local Planning Practices 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
218. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Representative WEBSTER of Freeport. 
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, on January 1, 
2006 current law will invalidate 
local ordinances that define a subdivision as the creation of 2 
lots in a 5-year period; and 
Whereas, good local planning practices are advanced by the 
implementation of such ordinances; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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. 30-A MRSA §4401. sub-§4, as amended by PL 2001, c. 
651, §§1 to 3, is further amended to read: 
4. 
Subdivision. 
~S~eQivisieH~ 
Except 
as 
provided 
in 
paragraph H-2, 
"subdivision" means the division of a tract or 
parcel of land into 3 or more lots within any 5-year period that 
begins on or after September 23, 1971. 
This definition applies 
whether the division is accomplished by sale, lease, development, 
buildings or otherwise. 
The term "subdivision" also includes the 
division of a new structure or structures on a tract or parcel of 
land into 3 or more dwelling units within a 5-year period, the 
construction or placement of 3 or more dwelling units on a single 
tract or parcel of land and the division of an existing structure 
or structures previously used for commercial or industrial use 
into 3 or more dwelling units within a 5-year period. 
A. 
In determining whether a tract or parcel of land is 
divided into 3 or more lots, the first dividing of the tract 
or parcel is considered to create the first 2 lots and the 
next dividing of either of these first 2 lots, by whomever 
accomplished, is considered to create a 3rd lot, unless: 
(1) 
Both dividings are accomplished by a subdivider 
who has retained one of the lots for the subdivider's 
own use as a single-family residence that has been the 
subdivider's principal residence for 
a period of at 
least 5 years immediately preceding the 2nd division; or 
(2) 
The division of the tract or parcel is otherwise 
exempt under this subchapter. 
Page l-LR2799(1) 
• 
..,6 
B. 
The dividing of a tract or parcel of land and the lot or 
lots so made, 
which dividing or lots when made are not 
subject to this subchapter, do not become subject to this 
subchapter 
by 
the 
subsequent dividing of that tract or 
parcel of land or any portion of that tract or parcel. 
The 
municipal reviewing authority shall consider the existence 
of 
the 
previously created lot or 
lots 
in 
reviewing 
a 
proposed subdivision created by a subsequent dividing. 
C. 
A lot of 40 or more acres must be counted as a lot, 
except: 
(2) 
When 
a municipality has, 
by ordinance, or the 
municipal 
reviewing 
authority 
has, 
by 
regulation, 
elected not to count lots of 40 or more acres as lots 
for the purposes of this subchapter when the parcel of 
land being divided is located entirely outside any 
shoreland area as defined in Title 38, section 435 or a 
municipality's shoreland zoning ordinance. 
D-l. 
A division accomplished by devise does not create a 
lot or lots for the purposes of this definition, unless the 
intent of the transferor is to avoid the objectives of this 
subchapter. 
D-2. 
A division 
accomplished 
by 
condemnation 
does 
not 
creaLe a lot or lots for the purposes of this definition, 
unless 
the 
intent 
of 
the 
transferor 
is 
to 
avoid 
the 
objectives of this subchapter. 
D-3. 
A division accomplished by order of court does not 
create a lot or lots for the purposes of this definition, 
unless 
the 
intent 
of 
the 
transferor 
is 
to 
avoid 
the 
objectives of this subchapter. 
D-4. 
A division accomplished by gift to a person related to 
the donor of an interest in property held by the donor for a 
continuous period of 5 years prior to the division by gift 
does not create a lot or lots for the purposes of this 
definition, unless the intent of the transferor is to avoid 
the objectives of this subchapter. 
If the 
real estate 
exempt under this paragraph is transferred within 5 years to 
another person not related to the donor of the exempt real 
estate as provided in this paragraph, then the previously 
exempt division creates a lot or lots for the purposes of 
this subsection. 
"Person related to the donor" 
means 
a 
spouse, 
parent, 
grandparent, 
brother, 
sister, 
child 
or 
grandchild related by blood, marriage or adoption. 
A gift 
under this paragraph can not be given for consideration that 
is more than 1/2 the assessed value of the real estate. 
D-5. 
A division accomplished by a gift to a municipality if 
that municipality accepts the gift does not create a lot or 
lots for the purposes of this definition, unless the intent 
of 
the 
transferor is 
to 
avoid 
the 
objectives 
of 
this 
subchapter. 
D-6. 
A 
division 
accomplished 
by 
the 
transfer 
of 
any 
interest in land to the owners of land abutting that land 
that does not create a separate lot does not create a lot or 
lots for the purposes of this definition, unless the intent 
of 
the 
transferor 
is 
to 
avoid 
the 
objectives 
of 
this 
subchapter. 
If the real estate exempt under this paragraph 
is transferred within 5 years to another person without all 
of the merged land, 
then the previously exempt division 
creates a lot or lots for the purposes of this subsection. 
E. 
The division of a tract or parcel of land into 3 or more 
lots 
and 
upon 
each 
of 
which 
lots 
permanent 
dwelling 
structures legally existed before September 23, 1971 is not 
a subdivision. 
F. 
In 
determining 
the 
number 
of 
dwelling 
units 
in 
a 
structure, the provisions of this subsection regarding the 
determination 
of 
the 
number 
of 
lots 
apply, 
including 
exemptions from the definition of a subdivision of land. 
G. 
Notwithstanding 
the 
provisions 
of 
this 
subsection. 
leased dwelling units are not subject to subdivision review 
if the municipal reviewing authority has determined that the 
units are otherwise subject to municipal review at least as 
stringent as that required under this subchapter. 
H-1. 
This subchapter may 
municipality from enacting 
authority that: 
not be construed to prevent a 
an ordinance under its home rule 
(1) 
Expands the definition of "subdivision" to include 
the 
division 
of 
a 
structure 
for 
commercial 
or 
industrial use; or 
(2) 
Otherwise regulates land use activities. 
A municipality may not enact an ordinance that expands the 
definition of 
"subdivision" 
except 
as 
provided 
in this 
subchapter. 
A 
Except 
as 
provided 
in paragraph 
H-2, 
a 
municipality that has 
a 
definition of "subdivision" that 
conflicts with the requirements of this subsection at the 
time this paragraph takes effect shall comply with this 
subsection 
no 
later 
than 
January 
1, 
2006. 
Such 
a 
.. 
.. 
municipality must file its conflicting definition at the 
county registry of deeds by June 30, 2003 for the definition 
to 
remain valid for the grace period ending January 1, 
2006. 
A filing 
required 
under 
this 
paragraph 
must 
be 
collected and indexed in a separate book in the registry of 
deeds for the county in which the municipality is located. 
H-2. 
A municipality that has adopted a comprehensive plan 
under subchapter 2, article 2 may enforce an ordinance that 
defines "subdivision" as the division of a tract or parcel 
of land into 2 or more lots wi thin a 5-year period that 
QeJ;Li~Q!L...9L.--..9_H,er September 23, 
1971, 
as 
long as that 
definition was enacted prior to July 25, 1992. 
I. 
The grant of a bona fide security interest in an entire 
lot 
that 
has 
been 
exempted 
from 
the 
definition 
of 
subdivision 
under 
paragraphs 
D-1 
to 
D-6, 
or 
subsequent 
transfer of that entire lot by the original holder of the 
security interest or that person's successor in interest, 
does not create a lot for the purposes of this definition, 
unless 
the 
intent 
of 
the 
transferor 
is 
to 
avoid 
the 
objectives of this subchapter. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill provides that a municipality that has adopted a 
comprehensive 
plan 
may 
enforce 
an 
ordinance 
that 
defines 
"subdivision" as the creation of 2 or more lots within a 5-year 
period .