An Act Making Improvements to the Laws Regarding Local Land Use Ordinances
Maine Legislature, Session 122, LD 1535
Committee: Natural Resources
Sponsors: KOFFMAN, BROMLEY, BARSTOW, CRAVEN, DAVIS, DUCHESNE, EBERLE, MAKAS, RECTOR, SAMPSON
Amends: 30-A MRSA §4301, 30-A MRSA §4312, 30-A MRSA §4360

Legislative Document 
No. 1535 
H.P.1080 
House of Representatives, April 4, 2005 
An Act Making Improvements to the Laws Regarding Local Land 
Use Ordinances 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator BROMLEY of Cumberland and 
!r/~ 
/J7.7JJd£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, CRAVEN of Lewiston, DAVIS of Falmouth, 
DUCHESNE of Hudson, EBERLE of South Portland, MAKAS of Lewiston, RECTOR of 
Thomaston, SAMPSON of Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4301, sub-§6-A, as enacted by PL 1991, c. 
18, §1, is amended to read: 
6-A. 
Impact fee. 
"Impact fee" means a charge or assessment 
imposed by a municipality against a new development to fund or 
recoup a portion of the cost of new, 
expanded or replacement 
infrastructure facilities necessitated by and attributable ~ 
least in part to the new development. 
Sec. 2. 30-A MRSA §4301, sub-§§7 and 11, as enacted by PL 1989, 
c. 104, Pt. A, §45 and Pt. C, §10, are amended to read: 
7. 
Implementation proqram. 
"Implementation program" means 
that component of a local growth management program whish .that 
begins after the adoption of 
a 
comprehensive plan and that 
includes the peH·eas--8BQ full range of municipal policy-making 
powers, including spending and borrowing powers, as well as the 
PIDLers to adopt or implement ordinances, codes, rules or other 
land use regulations wR.,ieR., tools or mechanisms that carry out 
the purposes and general policy statements and strategies of the 
comprehensive plan in a 
manner consistent with the goals and 
guidelines of subchapter ii ~. 
11. 
Moratoriwn. 
"Moratorium" means a land use ordinance or 
other regulation approved by a municipal legislative body wR.,ieR. 
that. if necessary, may be adopted on an emergency basis and 
given 
imm~ate 
effect 
and 
that 
temporarily 
defers 
all 
development, or a type of development, by withholding any permit, 
authorization or approval necessary for the specified type or 
types of development. 
Sec. 3. 30-A MRS A §4301, sub-§13-A, as enacted by PL 2001, c. 
406, §1, is amended to read: 
13-A. 
Rate of growth ordinance. 
"Rate of growth ordinance" 
means a land use ordinance ~dopted pu~~ant to section 4~60-A or 
other rule that, upon a showing of need, temporarily limits the 
number 
of 
building 
or 
development 
permits 
issued 
by 
a 
municipality or other jurisdiction over a designated time frame. 
Sec. 4. 30-A MRSA §4312, sub-§5 is enacted to read: 
5. 
A~.i,ti.()_IlqLR-'I~.P9_~~d goals. 
Beyond thSL..PJUPQ~L~g 
goals outlined in subsections 2 'and 3, the Legislature finds that 
land use planning and regulation is a shared responsibility of 
State 
Goyernment 
and 
municipal 
governments. 
The 
shared 
responsibility occurs in part because of increasing population in 
many 
regions 
of 
the State, 
environmental considerations that 
Page l-LR2018 (1) 
often 
reach 
across 
municipal 
boundaries. 
the 
complexity 
and 
.fJi,tgional effect Qf manL-IDQQ.ru:J:L.-developments. the need to combat 
sprawl both within and beyond individual municipalities and the 
need to 
fQ.Q.t~fair and evenh$l.nded sta~de approaches to land 
use planning and regulation. 
Under this chapter: 
A. 
Municipalities may be required to take actions relative 
tQ planning and land use control: 
B. 
Certain municipal land use regulatiQns are permitted 
Qnly 
if 
the 
regulatiQns 
are 
in 
cQmpliance 
with 
state 
guidelines 
and 
limitations 
designed 
to 
achieve 
overall 
fairness and equal treatment under the law: and 
C. 
Certain munic,;ipal decisions and actions are subject tQ 
state-level appeals. 
Sec. 5. 30-A MRSA §4360, sub-§3 is enacted to read: 
3. 
Appli~tion. 
This 
sectiQn applies Qnly 
tQ 
rate 
Qf 
growth Qrdinances enacted befQre the effective date Qf sectiQn 
~~ 
Sec. 6. 30-A MRSA §§4360-A and 4360-B are enacted to read: 
§4360-A. 
Municipalitywide rate of growth ordinances 
A municipalitywide rate of growth ordinance is a temporary 
measure allowing a municipality to slow the rate of growth for a 
reasonable period of time in order to plan for services or 
PJ'.Qvide 
n.eeded 
inJJ::.a.s..t..I.Y..~tJ,lJ"_~tQ 
better 
absQrb 
grQwth. 
A 
municipality pursuant to its home-rule authority may limit the 
llumber Qf residential building permits issued in any calendar 
year 
when 
the 
rate 
Qf 
grQwth 
Qrdinance 
meets 
all 
of 
the 
requirements in this section. 
1. 
Need; municipalitywi.4e. 
Before a municipalitywide rate 
of grQwth Qrdinance may be enacted that either affects both 
growth and rural areas of a municipality. as defined in this 
chapter. 
or 
affec~s an entire municipality that. 
pursuant 
tQ 
exemptions 
in 
sectiQn 
4326. 
subsectiQn 
3-A. 
paragraph 
A. 
llbparagraph (4) or (5). has not designated a growth area. the 
municipality must dQcument in a 
comprehensive plan adQpted or 
amended under this chap~hat a need fQr the ordinance exists. 
Need must be based on the rate of population growth and the rate 
of issuance of building permits com~ared with past experience and 
regional averages. the increase in full value mill rates and debt 
~evels required to serve growth in PQ~ulation and housing and the 
shortage 
of 
municipal 
infrastructure 
needed 
to 
absorb 
the 
growth. 
The office shall establish by rule a rating system by 
which a 
municipali~~~~termi~~~ed. Rules 
adop~ed pursuant 
to this subsection are major substantive rules in accordance with 
Title 5, chapter 375, subchapter 2-A and must be submitted to the 
Legislature by February 1, 2006. 
2. 
Number 
of 
b.1,li.lOj,~ 
permit~der 
ordinQ~~. 
The 
municipality may set the annual number of residential building 
permits that are issued in a calendar year to a level no lower 
than 
50% 
the 
average 
number 
of residential building permits 
issued during the preceding 
calendar years or the 
average 
number 
of 
residential 
building 
permits 
issued 
during 
the 
preceding 7 calendar years, whichever is lower. 
The municipality 
may assign a higher proportion of the allowable permits to area 
designated as growth ar~in its comprehensive plan and a lower 
proportion to areas designated as rural areas. 
3. 
Duration of ordinance. 
A municipalitywide 
rate of 
growth ordinance may be put in place for up to 5 years. 
If 
predicated on infrastructure needs that are being remedied by new 
construction that is in progress but not yet complete, the rate 
of growth ordinance may be phased out over a period of up to an 
additional 3 years, with the allowable number of building permits 
~pcreasing by 1/3 per year. 
A rate of growth ordinance may not 
be in place for a period longer than 8 consecutive years. 
A 
municipality may not have a rate of growth ordinance in place for 
more than 8 years in any 15-year period. 
4. 
Ezemptions. 
Notwithstanding subsection 3, the following 
~gtegories of housing 
may 
not 
be 
included in 
any 
numerical 
building permit limitation under a rate of growth ordinance: 
A. 
The const~ion~-..hru.tse by the original _grantee of a 
parcel created under the exemption to the definition of a 
subdivision in section 4401, subsection 4, paragraph D 4 for 
a gift to a person related to the donor; and 
B. 
Affordable housing, as defined in this chapter, when the 
affordable 
housing 
is 
proposed 
for 
growth 
areas 
as 
designated in the municipality's comprehensive plan. 
5. 
Allocation of buil~jng permits UDg~~dingp~e. In any 
municipality adopting a rate of growth ordinance, the number of 
building permits to be issued in any calendar year must be 
divided in half and issued commencing January 1st and July 1st of 
that year. 
Unused permits from the first half of the year must 
be carried over to the 2nd half of the year. 
Unused permits from 
the year must be carried over to the next year if a rate of 
growth ordinance is in place the next year. 
All permits must be 
issued on a first come, first-served basis, and there may be no 
preference for local residents or local builders. 
If the number 
.. 
of building permit applications exceeds the number of permits 
~~lable in any given p~_i~pX~erence must be given to those 
applicants who seek permits in areas designated as growth areas 
in the municipality's comprehensive plan. 
A municipality may 
j!stablish other priorities for those who seek single building 
permits 
over 
those 
who 
seek 
mUltiple 
permits 
in order 
to 
~nstruct an approved subdivision or for those who seek multiple 
permits 
in older 
approved 
subdivisions 
over 
those 
who 
seek 
multiple permits in newer approved subdivisions. 
6. 
Entorcement. 
A l~owner or developer operating within 
a 
municipality or 
the Attorney General 
may 
seek appropriate 
remedial relief if a municipal rate of growth ordinance is not in 
compliance with this section. 
7. 
Tr~tkA~·o~n~. __ ~A~rwa~t~e~~o~f~g~ruo~w~tdh~o~r~d~i~n~a~n~c~e~i~n~e~~f~f~e~c~t~a~s~o~f~ 
January 1, 2005 may continue in effect until January 1, 2008, by 
which time it must conform to the terms of this section or no 
longer have effect. 
§4360-B. 
Rate of growth ordinances in designated rural areas 
1. 
Ne~. 
In 
areas 
of 
a 
municipality 
specifically 
~~ignated in an adopted. consistent comprehensive plan as rural 
~reas. as defined in this chapter. that designation is deemed to 
pXesumptively demonstrate a need to limit the rate of growth in 
such areas. 
If an adopted, consistent comprehensive plan has 
been prepared as part of a multimunicipal region under section 
~~~ and the entirety of a municipality has been designated as a 
rural area by that plan. 
the need may be presumed to exist 
municipalitywide. 
~_.--.li~~f------.b.llil_g.i:Q~I1Ilits 
under 
rate 
of 
9L~ 
ordinance. 
If a rate of growth ordinance affects only areas of a 
municipality or multimunicipa~ion designated as rural areas. 
as 
defined 
in 
this 
chapter. 
in 
an 
adopted. 
consistent 
comprehensive plan. 
and the plan also specifically designates 
.9-rowth ar~~_~~ of growth ordinance may limit the number 
of building permits issued in the designated rural areas at a 
level consilient wi_th the comprehensive plan. except that the 
same categories exempted under section 436Q-A, subsection 4 are 
also exempt. 
3. 
Duration of 
ordi:Q~ce. 
A rate of growth ordinance 
affecting only areas of 
a municipality designated as rural areas 
jn an adopted. consistent comprehensive plan may remain in effect 
for the period of time the municipality considers consistent with 
its comprehensive plan. 
SUMMARY 
This bill broadens and updates the findings and purposes 
sections of planning and 
land use control 
law to explicitly 
recognize that planning and land use 
regulation is 
a 
shared 
responsibili ty of State Government and local government. 
The bill makes changes in definitions of relevant terms. 
The bill rewrites the laws on rate of growth ordinances and 
clarifies when rate of growth ordinances are allowed.