Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_C_H1011 (House)

HOUSE AMENDMENT ,,6, 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 1 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 
~ 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 Qrior 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 with the municipal 
clerk within the 75 day limitation, except that the 
Page l-LRl981(25) 
HOUSE AMENDMENT 
HOUSE AMENDMENT "6' to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
time 
the petition is held by 
the municipality for 
certification of the question does not count towards 
the 75-day limitation. 
(2) 
The muni cipali ty shall allow the petition to be 
circulated by any registered voter. 
C. 
Notwithstanding section 3002, subsection 4, a proposed 
enactment, amendment or repeal of an ordinance that has the 
effect of nullifying a municipal land use permit pursuant to 
this subsection must be submitted to the town meeting or to 
the town council for action either as an article in the 
warrant or a question on a secret ballot no later than the 
next regularly scheguled town meeting or meeting of the town 
council, as long as that meeting occurs after sufficient 
time has passeg to allow for the posting ang notice of the 
article or question or as provideg in paragraph D. 
D. 
An applicant may pay for the cost of holding an election 
on the proposed change to the ordinance made pursuant to 
this subsection sooner than the next regularly scheduled 
town 
meeting 
or 
meeting 
of 
the 
town 
council. 
The 
municipality shall offer this option to the applicant and 
provide the cost 
and anticipated gate of 
the expedited 
election. 
If the municipality accepts funding pursuant to 
this 
paragraph, 
the election must 
be 
held 
as 
soon 
as 
permitted unger law. 
For the purposes of this subsection, "municipal land use permit" 
incly.ges a my.nicipal by.ilging permit, zoning permit, subdivision 
approval and site plan approval. 
This subsection does not alter 
or 
invaligate 
any 
prgvision 
of 
a 
municipal 
ordinance 
that 
provides for the expiration or la1Jse of a permit Or approval 
granted py.rsuant to that permit following the expiration of a 
certain periog 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 submitted within 
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. 
HOUSE AMENDMENT 
HOUSE AMENDMENT It::> to COMMITTEE AMENDMENT "C" to S.P. 507, L.D. 
1481 
This 
amendment requires the change in ordinance, 
whether 
proposed by the municipality or by citizen initiative, to be 
submitted for consideration at the next regularly scheduled town 
meeting or meeting of the town council, but gives the applicant 
the option of paying the costs of an earlier election. 
SPONSORED BY, ~ 
(Representative FAIRCLOTH) 
TOWN: 
Bangor 
HOUSE AMENDMENT