An Act To Enable Unorganized Territory Townships To Become a Municipality
Maine Legislature, Session 123, LD 0430
Committee: State and Local Government
Sponsors: BARSTOW, SCHNEIDER, BEAUDEITE, BLANCHARD, CLARK, CROSTHWAITE, HOGAN, JACKSON, JOY, PATRICK

Legislative Document 
No. 430 
H.P.346 
House of Representatives, January 29, 2007 
An Act To Enable Unorganized Territory Townships To Become a 
Municipality 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative BARSTOW of Gorham. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
111~ 
/J?1l};c~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDEITE of Biddeford, BLANCHARD of Old Town, CLARK of 
Millinocket, CROSTHWAITE of Ellsworth, HOGAN of Old Orchard Beach, JACKSON of 
Allagash, JOY of Crystal, PATRICK of Rumford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA c. 301-A is enacted to read: 
CHAPTER 301-A 
ORGANIZATION OF TOWNSHIPS 
§7111. Public meeting for organization of unincorporated townships 
1. 
Census. 
The voters of 1 to 3 contiguous unincorporated townships in the 
unorganized territory may, by petition of 20% or more of the voters of the township or 
townships, require the county commissioners to determine from the Federal Decennial 
Census or by actual enumeration whether the township or townships have 200 inhabitants 
or more. The county commissioners shall report the result of the census to the Secretary 
of State, who shall record it. 
2. Warrant for organization meeting. If the report made under subsection 1 
indicates that the township or townships have a population of 200 or more, the county 
commissioners shall, with the consent of a majority of the petitioners under subsection 1, 
issue their warrant to an inhabitant of the unincorporated township or townships 
commanding that inhabitant to notify the voters of the unincorporated township or 
townships to assemble on a day and at a place named in the warrant for a special meeting 
with the purpose of discussing and determining whether the township or townships 
should organize as a municipality. The person selected by the commissioners shall give 
notice of the meeting by posting an attested copy of the warrant for the meeting in 2 
public and conspicuous places in the township or townships at least 14 days before the 
day of meeting. The warrant, with the inhabitant's return on it, must be returned to the 
meeting and the officers must be chosen and sworn. 
3. Organization procedure. At the time and place appointed for a meeting for the 
organization of a municipality under subsection 2, a moderator must be chosen by ballot 
by the voters present to preside at the meeting. The person to whom the warrant was 
directed under subsection 2 shall preside until the moderator is chosen and sworn by that 
person. A vote must be taken on the question of whether the township or townships will 
continue to pursue the process of organizing as a municipality. 
4. Prohibition on existing municipality and crossing county lines. The proposed 
boundaries of a municipality to be organized under this section may not include any part 
of an existing municipality or cross county lines. 
5. Local interim committee. If the majority of voters present and voting at the 
meeting under subsection 2 approve the question to organize as a municipality, a local 
interim committee must be created to develop a procedure for organization. The local 
interim committee must consist of 5 registered voters from the township or townships 
chosen by ballot. Once chosen, the local interim committee shall send the following 
documents to the Secretary of State: 
A. The petition under subsection 1 to obtain a census; 
B. The warrant under subsection 2 issued for the organizational meeting and the 
return on the warrant; 
C. The record ofthe organizational meeting under subsection 3; and 
D. The names of the 5 members ofthe local interim committee. 
6. 
Notice to Legislature and fiscal administrator. If the voters approve the 
question to organize as a municipality under subsection 3, the moderator shall notify the 
fiscal administrator of the unorganized territory within the Department of Audit and the 
Executive Director of the Legislative Council. The executive director shall provide a 
copy of the notice to the joint standing committee of the Legislature having jurisdiction 
II 
over state and local government matters. 
The notice must report the results of the 
organizational meeting and include the names of the members of the local interim 
committee. 
§7112. Organization procedure 
The local interim committee shall negotiate with the county commissioners, the fiscal 
administrator of the unorganized territory within the Department of Audit, the director of 
state schools for education in the unorganized territory within the Department of 
Education, the supervisor of the unorganized territory within Maine Revenue Services 
and the Maine Land Use Regulation Commission and consult with a statewide agency 
representing municipalities to develop a procedure that will lead to organization for the 
proposed municipality as well as ensure that services are provided during the interim 
period before the effective date of becoming a municipality. 
At a minimum, the 
negotiations must address: 
1. Boundary lines. The boundary lines for the proposed municipality; 
2. Town name. The name for the proposed municipality; 
3. Provision of education services. Plans for the provision of education services, 
including school transportation services for students in the proposed municipality; 
4. Distribution of liabilities and assets. Identification of any public liabilities or 
assets, intangible and tangible, that may exist within the boundaries of the proposed 
municipality or are used to serve the population of the proposed municipality and plans 
for distribution of those liabilities and assets; 
5. Information about municipal services. An explanation of how services are 
currently provided and how those services will be provided in the proposed municipality, 
including, but not limited to, road construction and maintenance, water and sewer service, 
fire protection, police protection, administrative services, land use regulation and 
operation of any recreational facilities; 
6. Fiscal impact assessment. The fiscal impact on the surrounding county, the 
unorganized territory and the State; 
7. Valuation. An explanation of how valuation infonnation about the proposed 
municipality will be transferred from the unorganized territory to the proposed 
municipality; and 
8. Municipal leadership. Procedures for elections, including the date for the first 
election, of municipal officials in the proposed municipality, including municipal 
officers, school board members, planning board members, road commissioners and 
similar officials. 
The local interim committee has 6 months from the date of the meeting under 
subsection 2 to develop a procedure to become a municipality under this section. If there 
is agreement among all parties on a procedure before the 6 months has passed, the public 
meeting in section 7115 may be called before the 6 months has passed. 
§7113. Notification of the procedure for organization 
A copy of the procedure for organization agreed to in section 7112 must be provided 
to the fiscal administrator of the unorganized territory within the Department of Audit 
and the Executive Director of the Legislative Council. The executive director shall 
provide a copy of the notice to the joint standing committee of the Legislature having 
jurisdiction over state and local government matters. 
§7114. Land use planning and zoning 
A municipality fonned under this chapter remains under the jurisdiction of the Maine 
Land Use Regulation Commission until the provisions of Title 12, section 685-A, 
subsection 4 have been met. 
§7115. Approval by the voters 
The procedure under section 7113 must be presented at a public meeting of the voters 
of the proposed municipality. Notice of the meeting must be published in a newspaper of 
general circulation in the area. One notice must be published as close to the 14th day 
before the meeting as possible, and the second notice must be published as close to the 
7th day before the meeting as possible. If a majority of voters at the meeting vote in 
favor of implementing the organization according to the procedure negotiated, then the 
organization procedure must proceed. 
§7116. Approval by the Legislature 
1. Oreanization procedure. Once the voters have approved the procedure pursuant 
to section 7115, the township or townships seeking to organize as a municipality shall 
submit legislation to enact the procedure to the Legislature. The legislation: 
A. Is subject to approval by voters of the proposed municipality at a referendum to 
be held at the next statewide election in November; and 
B. Must include the year in which the organization of the municipality is to take 
place, and the organization of the municipality takes effect on July 1 st of the year 
detennined. 
SUMMARY 
This bill develops a procedure for up to 3 townships in the Unorganized Territory to 
organize as a municipality.