An Act To Amend the Laws Governing the Enactment Procedures for Ordinances
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_J_H1080 (House)

--
HOUSE AMENDMENT "J" to COMMITTEE AMENDMENT "C" to S.P. 507, 
L.D. 
1481, 
Bill, 
"An 
Act 
To 
Amend 
the 
Laws 
Governing 
the 
Enactment Procedures for Ordinances" 
Amend the amendment in section I 
by striking out all of 
subsection 6 (page 1, lines 29 to 36 in amendment) and inserting 
in its place the following: 
'6. 
Restriction 
on 
nullification of 
final 
permit. 
A 
municipality may not nullify or amend a municipal land use permit 
by 
a 
subseguent 
enactment, 
amendment 
or 
repeal 
of 
a 
local 
ordinance except as provided in this subsection. 
A. 
The municipality must take action on the enactment, 
amendment or repeal of the local ordinance prior to the 
passage of 75 days after: 
(1) 
The permit has received its lawful final approval; 
and 
(2) 
A public hearing was held on the permit. 
B. 
Notwithstanding paragraph A, if the proposed change to 
the ordinance is the result of a citizen-initiated petition, 
the reguirements of this paragraph apply. 
(1) 
The 
petition 
for 
an 
article 
in 
the 
warrant 
changing the ordinance must be filed for certification 
of the guestion with the municipality within 20 days of 
the lawful final approval of the permit. 
HOUSE AMENDMENT 
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~~ 
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HOUSE AMENDMENT "j" to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
(2) 
The municipality shall allow the petition to be 
circulated by any registered voter. 
(3) 
The 
completed petition must be filed with the 
municipality for certification of the signatures within 
days of the lawful final approval of the permit, 
except that the time that the petition is held by the 
municipality for certification of the question does not 
count towards the 75-day limitation. 
C. 
Notwithstanding sections 2522 and 2528 and section 3002, 
subsection 4, a proposed enactment, amendment or repeal of 
an ordinance that has the effect of nullifying a municipal 
land use pumit must be submitted to the voters or to the 
municipality or meeting of the 
town or city council 
as 
specified in this paragraph. 
(1) 
If a 
town meeting. meeting of 
a 
town or city 
councilor election is scheduled to occur within 90 
days 
of 
the 
submission 
of 
the 
petition 
for 
certification of signatures, the warrant or a question 
on a secret ballot proposing a change to the ordinance 
must be submitted to that town meeting. meeting of the 
town or city councilor election. 
as 
long as that 
meeting or election occurs after sufficient time has 
passed to allow for the posting and notice of the 
article or question and preparation of the ballots. 
(2) 
If a 
town meeting. 
meeting of 
a 
town or city 
councilor election is not scheduled to occur'within 90 
days 
of 
the 
submission 
of 
the 
petition 
for 
certification of the signatures, upon written request 
of either a signatory of the petition or a holder of a 
permit 
that 
would 
be 
nullified 
by 
the 
proposed 
ordinance change, the warrant or a question on a secret 
ballot proposing a 
change to the ordinance must be 
submitted to a town meeting or a meeting of the town or 
city councilor at a special election no later than 60 
days after the certification of the petition by the 
municipality. 
(3) 
If the requirements of neither subparagraph (1) 
nor subparagraph 
(2) are met, 
then the warrant or a 
question on a secret ballot proposing a change to the 
ordinance 
must 
be 
submitted at 
the 
next 
regularly 
scheduled 
town meeting. meeting of the town or city 
councilor election. 
For the purposes of this subsection. "municipal land use permit" 
HOUSE AMENDMENT 
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'~ 
HOUSE AMENDMENT "3,, to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
includes a municipal building permit, zoning permit, subdivision 
approval and site plan approval. 
This subsection does not alter 
or 
invalidate 
any 
provision 
of 
a 
municipal 
ordinance 
that 
provides for the expiration or lapse of a permit or approval 
granted pursuant to that permit following the expiration of a 
certain period of time. ' 
SUMMARY 
This 
amendment 
incorporates 
the 
provisions 
of 
Senate 
Amendment 
"C" 
to 
Committee 
Amendment 
"C," 
except 
that this 
amendment also specifies that if the proposed change to the 
ordinance that would nullify or amend a previously issued land 
use permit is the result of a citizen-initiated petition, the 
petition for an article in the warrant must be started within 20 
days of approval of the permit and submitted within 75 
days 
following 
approval 
of 
the 
permit 
in 
order 
to 
allow 
the 
nullification or amendment of the permit. 
The 
time that the 
petition is held by the municipality for certification of the 
question is not counted in determining the 75-day period. 
A 
municipality is required to allow the petition to be circulated 
by any registered voter. 
This amendment also requires the change in ordinance to be 
submitted for consideration at a meeting or election scheduled to 
occur within 90 days of submission of the petition. 
If a meeting 
or 
election is 
not 
scheduled within the 
days 
following 
submission of the petition, the change in the ordinance must be 
submitted for consideration at the next regularly scheduled town 
meeting or meeting of the town or city councilor election, 
unless a signer of the petition or a holder of a permit that 
would be nullified by the proposed ordinance change objects in 
writing, in which case the meeting or vote must be held within 60 
days of submission of 
e petition. 
SPONSORED BY: 
/ 
(Representative FAIRCLOTH) 
TOWN: 
Bangor 
FISCAL "OTr HEQCIRED 
(See attached) 
HOUSE AMENDMENT 
State Mandate 
Approved: 04128/06 ;t;?ac::.. 
LD 1481 
LR 1981(37) 
An Act To Amend the Laws Governing the Enactment Procedures for Ordinances 
Fiscal Note for House Amendment "j" to Committee Amendment "C" 
Sponsor: Rep. Faircloth 
Fiscal Note Required: Yes 
Fiscal Note 
Current Cost - State Mandate 
New or Expanded Activity 
Unit Affected 
Costs 
Requiring a municipality to hold an expedited town meeting or special election 
Municipality 
Insignificant 
within 60 days of submission of a petition regarding a proposed ordinance change is 
a state mandate pursuant to the Maine Constitution. The additional costs to conduct 
such an expedited meeting or special election are expected to be minor. 
LR1981(37) - Fiscal Note - Page 1 of 1