An Act To Amend the Laws Governing the Enactment Procedures for Ordinances
Maine Legislature, Session 122, LD 1481
Committee Amendment CA_C-HA_F_H1031 (House)

HOUSE AMENDMENT "F" 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 
subsequent 
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 prior to the 
passage of 75 days after: 
(1) 
The permit has received its lawful final approval; 
.ruld 
(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 requirements of this paragraph apply. 
(1) 
The 
petition 
for 
an 
article 
in 
the 
warrant 
changing the ordinance must be filed for certification 
of the question with the municipality within 30 days of 
the lawful final approval of the permit. 
Page l-LRI981(27) 
HOUSE AMENDMENT 
~ .. 
:#$ 
HOUSE AMENDMENT "P to COMMITTEE AMENDMENT "c" to S.P. 507, L.D. 
1481 
(2) 
The municipality shall allow the petition to be 
circulated by any registered voter, 
(3) 
The 
completed petition must be filed with the 
municipality for certification of the signatures within 
days of the lawful final approval of the permit, 
except that the time that the petition is held by the 
municipality for certification of the question does not 
cgunt towards the 75-day limitation, 
C, 
Ngtwithstanding 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 subsectign must be: 
(1) 
Submitted to the town meeting or to the town 
council for action either as an article in the warrant 
gr a question gn a secret ballot no later than the next 
regularly scheduled town meeting or meeting of the town 
cguncil. 
as 
long 
as 
that 
meeting 
occurs 
after 
sufficient time has passed to allow for the posting and 
ngtice gf the article or questign: 
(2) 
Submitted to the voters at an election to be held 
as determined by the municipal officers but no later 
than the next scheduled statewide election; or 
(3) 
As prgyided in paragraph D, 
0, 
An applicant may pay for the cost of holding an election 
on the proposed change to the ordinance made pursuant to 
this sub§ection sooner than the next regularly scheduled 
town meeting or meeting of the municipal officers, 
The 
municipality shall ofter this option to the applicant and 
provide the 
co~t and anticipated date of the expedited 
election. 
If the municipality accepts funding pursuant to 
this paragraph. 
the election must 
be 
held as 
soon 
as 
permitted under law. 
For the purpg§es of this §ub§ection, "municipal land use permit" 
include§ a municipal building permit. zoning permit, subdivision 
approval and site plan approval. 
This subsection does not alter 
or 
invalidate 
any 
prov~§~gn of 
a 
municipal 
ordinance 
that 
provides for the expiration or lapse of a permit or approval 
granteg pursuant to that permit fgllowing the expiration of a 
certain perigg of time.' 
HOUSE AMENDMENT 
~i 
'It 
:.it 
./'" 
HOUSE AMENDMENT "y" to COMMITTEE AMENDMENT "c" to S.P. 507, L.D. 
1481 
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 started within 30 
days of approval of the permit and submitted within 75 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. 
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 councilor sent to the voters at 
an election to be held no later than the next regularly scheduled 
statewide election, b 
gives the applicant the option of paying 
the costs of an earl· r election. 
SPONSORED BY: 
TOWN: 
Bangor 
FISCAL :\'OTE REQl1H.ED 
(See attached) 
HOUSE AMENDMENT 
State Mandate 
Approved: 04/13/06 ~ae 
LD 1481 
LR 1981(27) 
An Act To Amend the Laws Governing the Enactment Procedures for Ordinances 
Fiscal Note for House Amendment "F to Committee Amendment "6' 
Sponsor: Rep. Faircloth 
Fiscal Note Required: Yes 
Fiscal Note 
Current Cost - State Mandate 
New or Expanded Activity 
Unit Affected 
Costs 
Authorizing a municipality to hold an expedited town meeting or a town council 
Municipality 
Insignificant 
meeting if the applicant pays for the costs of the meeting regarding a proposed 
ordinance change is a state mandate pursuant to the Maine Constitution. Allowing 
municipalities to be reimbursed for the cost does not stop it from being a mandate 
but does remove the finanacial burden of the required activities. 
LR1981(27) - Fiscal Note - Page 1 of 1