An Act To Provide a Method of Self-governance to Unorganized Areas
Maine Legislature, Session 122, LD 0671
Committee: State and Local Government
Sponsors: JOY, ANNIS, CLARK, RICHARDSON, SA VIELLO, THOMAS, THOMPSON, VAUGHAN

Legislative Document 
No. 671 
H.P.491 
House of Representatives, February 8, 2005 
An Act To Provide a Method of Self-governance to Unorganized 
Areas 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative JOY of Crystal. 
17/~ 
frl· 7ll11£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: ANNIS of Dover-Foxcroft, CLARK of Millinocket, 
RICHARDSON of Carmel, SA VIELLO of Wilton, THOMAS of Ripley, THOMPSON of 
China, VAUGHAN of Durham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA c. 307 is enacted to read: 
CHAPTER 307 
SELF-GOVERNANCE FOR UNORGANIZED AREAS 
§7601. 
Self=90vernance for unorganized areas 
The citizens of the unorganized townships, plantations and 
deorganized municipalities within 
a 
county have the right to 
establish a single town within that county for the purpose of 
self-governance. 
In order to establish a 
town for unorganized 
townships, plantations and deorganized municipalities within a 
county, the conditions under this section must be met. 
1. 
Petition submitted. 
A petition requesting 
a 
public 
referendum vote to establish a town under this chapter must be 
submitted 
to 
the 
commissioners 
of 
the 
county 
in 
which 
the 
petitioners reside. 
The petition must be signed by at least 10% 
of the number of registered voters in the unorganized areas of 
the county who voted in the last gubernatorial election and who 
are residents of the unorganized areas. 
The county commissioners 
shall certify the petition signatures within 
days 
of the 
submission of the petition. 
Having certified that the required 
number 
of 
eligible 
voters 
have 
signed 
the 
petition, 
the 
commissioners shall within 15 days call a public hearing for the 
purpose 
of 
discussing 
the 
establishment 
of 
a 
town 
for 
th~ 
residents of unorganized areas within that county. 
2. 
Public vote. 
Within 45 days of the public hearing on 
the proposal to establish a town for the unorganized areas within 
a county under subsection 1, the county commissioners shall hold 
a public referendum vote wi thin the unor9anized areas of that 
county on the following question: 
"Do you favor creating a single town within the County of 
(name 
of 
county> 
for 
the 
purpose 
of 
providing 
self-governance to residents who live within the unorganized 
areas of the County of (name of county)?" 
3. 
Certification and decl.aration. 
Wi thin 15 days of the 
completion of the public referendum vote under subsection 2, the 
county commissioners shall certify the results. 
In the event 
that 
residents 
vote 
ln 
favor 
of 
the 
question, 
the 
county 
commissioners shall so declare in writing to the Secretary of 
State 
and 
forward 
an 
original 
copy 
of 
the 
referendum 
certification to the Office of the Secretary of State. 
Page l-LR0975(l) 
§7602. 
Authority and organization 
A 
town established under this chapter 
may 
organize 
and 
conduct its affairs in the same manner as other towns organized 
and operating under general law. 
The powers and duties of the 
town are identical to those of other towns under general law. 
Upon incorporation, registered voters of the town shall vote to 
name the town, to elect municipal officers and to establish a 
seat of government for the town. 
§7603. 
Municipal services 
The county commissioners of a 
town established under this 
chapter shall develop 
a 
plan to phase out the provision of 
municipal services to the residents of the previously unorganized 
areas as authorized under section 7501, except that the town may 
choose to contract with the county commissioners of the county in 
which 
the 
town 
is 
located to 
continue 
to provide municipal 
services to some or all of the previously unorganized areas that 
constitute the town. 
The contracting authority must be granted 
by the registered voters of the town to the municipal officers at 
annual meetings. 
§L604. Taxation and revenue 
The municipal officers of 
a 
town established under this 
chapter 
may 
raise 
and 
collect all 
taxes 
necessary 
for 
the 
operation of the town and its schools. 
Municipal officials may 
allocate 
and 
expend 
all 
municipal 
tax 
revenue 
raised 
and 
collected in the town for the operation of the town's government 
and schools. 
§7605. 
Disposition of unorganized territory funds, contingency 
and reserve accounts 
The 
county commissioners of the county in which 
a 
town 
established under this chapter is located shall transfer to the 
town, once the town is incorporated, the balance of funds in the 
county's 
unorganized territory fund established under 
section 
7502. 
Upon 
transfer 
of 
the 
funds 
into 
the 
town's 
general 
operating account, the town may expend the funds for any services 
authorized by the town in any area of the town. 
The transferred 
funds may also be used to reduce the amount to be collected in 
taxes in the same town during any budget year. 
The 
county commissioners of the county in which 
a 
town 
established under this chapter is located shall transfer to the 
town, 
once 
the 
town 
is 
incorporated, 
the 
balance 
of 
any 
contingent account or capital reserve account established by the 
county under section 7502. 
The funds must be transferred into 
contingent or capital reserve accounts established by the town. 
The town may expend the funds in the same manner provided in 
section 7502, subsections 5 and 6. 
§7606. 
Education 
Consistent with Title 20-A, each town established under this 
chapter 
may 
determine 
educational 
policy 
for 
the 
previously 
unorganized areas constituting the town, including operating its 
own school or schools or contracting for school services with 
other school administrative units, the county or the State. 
The 
town 
may 
establish 
an 
elected 
school 
committee 
composed 
of 
representatives from each of the previously unorganized areas in 
the town to set out educational policy and to propose and oversee 
the town's school budget. 
§7607. 
Planning and land use 
A town organized under this chapter shall establish its own 
growth management program consistent with chapter 187. 
Once a 
town 
has 
been 
established 
for 
years, 
the 
town's 
growth 
management program takes effect and its land use regulation is no 
longer under the jurisdiction of the Maine Land Use Regulation 
Commission. 
§7608. 
Sovereignty of Native Americans 
This chapter does not affect the sovereign rights of Native 
Americans over land that they own in a formerly unorganized area 
that is established as a single town under this chapter. 
Sec. 2. 
Reimbursement for tree growth. 
The 
Department 
of 
Administrative 
and Financial Services, 
Maine 
Revenue 
Services 
shall develop rules to establish a fair system of reimbursement 
under the Maine Tree Growth Tax Law to towns established under 
the Maine 
Revised Statutes, Title 
30-A, 
chapter 
307. 
Rules 
adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill establishes a 
new chapter in the Maine Revised 
Statutes, Title 30-A that provides a method for unorganized areas 
to develop a system of self-governance. 
The bill delineates the 
requirements that must be met for a town to be created in the 
unorganized 
areas 
and 
outlines 
the 
powers, 
duties 
and 
responsibilities of the new town's government. 
It also requires 
the Department of Administrative and Financial Services, Maine 
Revenue Services to develop a fair system of reimbursement for 
tree growth to towns established under the new chapter.