An Act To Change the Effect of Local Ordinances on the State
Maine Legislature, Session 122, LD 0582
Committee: Natural Resources
Sponsors: BROMLEY, KOFFMAN, DAMON, BEAUDETTE, SMITH
Amends: 30-A MRSA §4352

Legislative Document 
No. 582 
S.P. 191 
In Senate, February 3, 2005 
An Act To Change the Effect of Local Ordinances on the State 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative KOFFMAN of Bar Harbor and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senator: DAMON of Hancock, Representatives: BEAUDETTE of Biddeford, SMITH of 
Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4352, sub-§6, as amended by PL 2003, c. 
688, Pt. C, §20, is further amended to read: 
6. 
Effect on State. 
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Zoning 
ordinances, 
subdivision 
ordinances and site plan review 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 
ordinances, 
subdivision 
ordinances 
and 
site plan 
review ordinances 
that 
the 
office 
determines are consistent with a 
comprehensive plan that the 
office has found consistent under section 4347-A. 
For purposes 
of 
this 
subsection, 
"buildings, 
parking facilities 
or 
other 
publicly 
owned 
structures" 
does 
not 
include 
state 
highway 
maintenance facilities or state or state aid highways, bridges, 
railroads or trails. 
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 use 
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 result in public benefits beyond the 
limits of the municipality, 
including without limitation, 
access to public waters or publicly owned lands; and 
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. 
Page l-LR1984(1) 
SUMMARY 
This bill provides that a state agency must comply with 
zoning, 
subdivision and site plan review ordinances that the 
State 
Planning Office 
has 
determined 
are 
consistent with 
a 
comprehensive plan that the State Planning Office has 
found 
consistent with 
the 
provisions 
of 
the 
law governing growth 
management.