An Act To Assist Towns with the Implementation of the Laws Governing Growth Management
Maine Legislature, Session 122, LD 1574
Committee: Natural Resources
Sponsors: EDMONDS, KOFFMAN, BROMLEY, DIAMOND, ROTUNDO, STRIMLING, DUCHESNE, PIOTTI, WOODBURY
Amends: 30-A MRSA §4301, 30-A MRSA §4346-A

Legislative Document 
No. 1574 
S.P.551 
In Senate, April 14, 2005 
An Act To Assist Towns with the Implementation of the Laws 
Governing Growth Management 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Representative KOFFMAN of Bar Harbor and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, DIAMOND of Cumberland, ROTUNDO of 
Androscoggin, STRIMLING of Cumberland, Representatives: DUCHESNE of Hudson, 
PIOTTI of Unity, WOODBURY of Yarmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4301, sub-§4-C is enacted to read: 
4-C. 
Consistent. 
"Consistent" 
when 
applied 
to 
the 
requirement that an ordinance be consistent with a comprehensive 
plan describes a provision of an ordinance that. on its own, is 
sufficient 
to 
cause 
the 
implementation 
of 
a 
policy 
or 
recommendation 
of 
a 
compr~hensive 
plan, 
is 
a 
necessary 
contribution 
toward 
the 
implementation 
of 
a 
policy 
or 
recommendation 
of 
a 
comprehensive 
plan 
or 
increases 
the 
probability of implementation of a policy or recommendation of a 
comprehensive plan. 
A provision of an ordinance that is related 
to a recommendation or policy of a comprehensive plan but that 
has no effect on, interferes with or prevents the implementation 
of 
the policy or 
recommendation is not consistent with the 
comprehensive plan. 
Sec. 2. 30-A MRSA §4346-A is enacted to read: 
§4346-A. 
Funds for community preservation 
1. Establishment of municipal community preservation funds. 
A municipality that has adopted a comprehensive plan that has 
been 
determined 
by 
the 
office 
to 
be 
consistent 
with 
this 
subchapter may establish a municipal community preservation fund 
for the purpose of applying for matching grants from the Maine 
Community Preservation Trust Fund created in subsection 4. 
The 
municipality shall use the funds to implement the recommendations 
contained in the comprehensive plan relating to: 
A. 
The 
completion and 
implementation of 
local 
land use 
ordinances in accordance with the adopted comprehensive plan: 
B. 
The acquisition, creation and preservation of open space 
and waterfront access; 
c. 
The 
acquisition, 
preservation, 
rehabilitation 
and 
restoration of historic resources: 
D. 
The acquisition, creation and preservation of land for 
recreational use; 
E. 
The 
creation, 
preservation and support of affordable 
housing within designated growth areas; 
F. The preservation and economic development of downtown or 
village areas: and 
Page l-LR1912{1} 
G. The implementation of specific items in the comprehensive 
plan's capital investment strategy to increase the capacity 
for growth in designated growth areas or to preserve rural 
resources. 
2. 
Funds 
deposited in municipal 
community preservation 
fund. 
The municipality may deposit in its municipal community 
preservation 
fund 
local 
funds 
from 
any 
source 
that 
the 
municipality determines appropriate if the funds are dedicated to 
a purpose set forth in subsection L 
paragraphs A to G. except 
that grants received from the State may not be deposited in the 
municipal community preservation fund. 
3. Surcharges. 
The following surcharges are imposed for the 
purposes of community preservation. 
A. 
The fees of a register of deeds. except as otherwise 
provided. 
that are paid when an instrument is left for 
recording. filing or deposit are subject to a surcharge of 
~ 
B. 
The fees for recording. filing or depositing a municipal 
lien certificate are subject to a surcharge of $10. 
A surcharge under this subsection is not imposed on a declaration 
of homestead. A surcharge under this subsection is not imposed on 
fees charged for additional pages. photostatic copies. abstract 
cards. sguare feet additions to filed and recorded plans or for 
additional or reguired marginal references. 
Of the surcharge imposed under this subsection. 10% is retained 
by the registry of deeds. and 90% must be forwarded to the State 
for deposit into the Maine 
Community Preservation Trust Fund 
created in subsection 4. 
4. 
Maine 
Community Preservation Trust Fund. 
The 
Maine 
Community Preservation Trust Fund. referred to in this subsection 
as "the fund." is established for the benefit of municipalities 
that have established municipal community preservation funds. The 
fund consists of all revenues 
received by the State 
from 
a 
surcharge on fees of the registers of deeds. 
as provided in 
subsection 3. 
A. 
Money deposited with the Treasurer of State to the 
credit of the fund must be invested in a manner that will 
secure the highest interest rate available consistent with 
the safety of the fund and with the reguirement that all 
amounts 
on 
deposit 
be 
available 
for 
withdrawal 
without 
penalty 
for 
such withdrawal 
at 
any 
time. 
All 
interest 
accrued and earnings must be deposited into the fund. The 
fund 
may 
be 
expended solely for 
the administration and 
implementation of this section. 
Any 
unexpended balances 
must be 
redeposited for 
future 
use consistent with the 
provisions of this section. 
B. The Treasurer of State shall make all disbursements and 
expenditures from the fund without further appropriation, as 
directed by the director of the office. The operating and 
administrative expenses of the office may not exceed 5'l-o of 
the annual total revenue received in the fund. 
5. Disbursement from fund. 
The Treasurer of State shall 
annually on October 15th disburse money from the Maine Community 
Preseryation Trust Fund under su,bsection 4 to cities and town5 
that haye established a municipal community preservation fund and 
notified the office of the establishment of that municipal fund, 
with a certification of the amount raised through June 30 and a 
description of the means by which funds were raised. 
A. 
The amount distributed under this subsection may not 
exceed 50% of the cost of the project or projects identified 
by the municipality for use of the funds. 
Funds must be 
di5tributed to 
each municipality that has established a 
municipal community preservation fund in an amount not less 
than 5% but not greater than 100% of the total amount raised 
by the additional surcharge on real property by each city or 
town. The percentage must be the same for each city and town 
and must be determined by the office annually in a manner 
that 
di5tributes 
the 
maximum 
amount 
available 
to 
each 
participating city or town. 
B. Notwithstanding any other prov~s~on of this section, the 
total state contribution for each city or 
town may not 
exceed the amount raised by the municipality's community 
preservation fund. 
C. 
After funds in the Maine Community Preservation Trust 
Fund under subsection 4 are distributed in accordance with 
thh subsection, 
any remaining fund5 
remain in the Maine 
Community Preservation Trust Fund for distribution in the 
following year::. 
6. 
Restrictions. 
A municipality may not devote more than 
75% of the total funds in a municipal community preservation 
fund, including those generated locally and matching dollars from 
the Maine Community Preservation Trust Fund, in any 3-year period 
on any single recommendation contained in the comprehensive plan 
specified in subsection 1, paragraphs A to G. 
SUMMARY 
This bill defines the term "consistent" when that term is 
applied to the requirement that an ordinance be consistent with a 
comprehensive plan. 
The bill also authorizes municipalities to 
establish municipal community preservation funds and establishes 
the Maine Community Preservation Trust Fund.