An Act To Amend the Laws Governing the Enactment Procedures for Ordinances
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-SA_G_S631 (Senate)

SENATE 
AMENDMENT "G" 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 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 propose the enactment, amendment 
or repeal of the local ordinance prior to the passage of 75 
days after the permit has received its lawful final approval. 
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. 
(l) 
The 
petition 
for 
an 
article 
in 
the 
warrant 
changing the ordinance must be filed with the municipal 
clerk within the 
75-day limitation. 
or within such 
other time as is provided by municipal charter, except 
that the time the petition is held by the municipality 
for 
certification of 
the 
question 
does 
not 
count 
towards the 75-day or other limitation. 
(2) 
The municipality shall allow the petition to be 
circulated by any registered yoter. 
c. 
Notwithstanding 
sections 
2522 
and 
2528. 
a 
proposed 
enactment, amendment or repeal of an ordinance that has the 
Page l-LR1981(34) 
SENATE AMENDMENT 
SENATE AMENDMENT "b" to COMMITTEE 
AMENDMENT 
"C" to S.P. 507, 
L.D. 1481 
effect of nullifying a municipal land use Bermit pursuant to 
this subsection must be submitted to the town meeting, to 
the town or city councilor to the public for action either 
as an article in the warrant or a question on a secret 
ballot no 
later than the next regularly scheduled 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. 
For the Burposes of this subsection, "municipal land use permit" 
includes a municipal building permit, zoning permit or site Blan 
approval that is issued after public hearing. 
This subsection 
does 
not alter or 
invalidate 
any 
prov1s10n 
of 
a 
municiBal 
ordinance that provides for the expiration or lapse of a Bermit 
or 
approval 
granted 
pursuant 
to 
that 
permit 
following 
the 
expiration of a certain period of time. 
Notwithstanding any other provision of law, if a provision of 
this 
subsection 
conflicts 
with 
a 
prov1S10n 
of 
a 
municipal 
charter, the provision of the municipal charter Brevails.' 
SUMMARY 
This 
amendment 
extends 
the 
period 
within 
which 
a 
municipality may propose to nullify or amend a land use permit to 
days. 
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 75 days or a time period specified in municipal 
charter 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 or other 
limitation period. 
A municipality is required to 
allow the 
petition to be circulated by any registered voter. 
This amendment requires 
proposed by the municipality 
submitted for consideration at 
meeting, meeting of the town or 
the change in ordinance, whether 
or by citizen initiative, to be 
the next regularly scheduled town 
city councilor election. 
SENATE AMENDMENT 
SENATE 
AMENDMENT "G" to COMMITTEE 
AMENDMENT 
"C" to S.P. 
507, 
L. D. 1481 
This 
amendment 
also specifies that, 
in the 
event 
conflict between a municipal charter and the provisions of 
amendment, the pro 's'ons of t 
~pa1 charter prevail. 
SPONSORED BY: 
of 
a 
this 
(Senator ROTUNDO) 
COUNTY: 
Androscoggin 
SENATE AMENDMENT