An Act To Clarify Comprehensive Planning and Land Use Ordinances
Maine Legislature, Session 123, LD 1803
Committee: Natural Resources
Sponsors: KOFFMAN, DOW, DUCHESNE, RECTOR
Amends: 30-A MRSA §4314, 30-A MRSA §4326, 30-A MRSA §4347-A

Legislative Document 
No. 1803 
H.P. 1258 
House of Representatives, March 30,2007 
An Act To Clarify Comprehensive Planning and Land Use 
Ordinances 
Submitted by the State Planning Office pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator DOW of Lincoln and 
'71/~ frl· /lJu:~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUCHESNE of Hudson, RECTOR of Thomaston. 
Primed nn re(.:ycied paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4314, sub-§3, as amended by PL 2005, c. 397, Pt. A, §31, 
is further amended to read: 
3. Rate of growth, zoning and impact fee ordinances. After January 1, 2003, any 
portion of a municipality's or multimunicipal region's rate of growth, zoning or impact fee 
ordinance must be consistent with a comprehensive plan adopted in accordance with the 
procedures, goals and guidelines established in this subchapter. The portion of a rate of 
growth, zoning or impact fee ordinance not directly related to an inconsistency identified 
during a comprehensive plan review by the office in accordance with section 4347-A, 
subsection 3-A remains in effect. For purposes of this subsection, "zoning ordinance" 
does not include a cluster development ordinance or a design ordinance prescribing the 
color, shape, height, landscaping, amount of open space or other comparable physical 
characteristics of development. The portion of a rate of growth, zoning or impact fee 
ordinance that is not consistent with a comprehensive plan is no longer in effect unless: 
C. 
The ordinance or portion of the ordinance is exempted under subsection 2; 
D. 
The municipality or multimunicipal region is under contract with the office to 
prepare a comprehensive plan or implementation program, in which case the 
ordinance or portion of the ordinance remains valid for up to 4 years after receipt of 
the first installment of its first planning assistance grant or for up to 2 years after 
receipt of the first installment of its first implementation assistance grant, whichever 
is earlier; 
E. 
The ordinance or portion of the ordinance conflicts with a newly adopted 
comprehensive plan or plan amendment adopted in accordance with the procedures, 
goals and guidelines established in this subchapter, in which case the ordinance or 
portion of the ordinance remains in effect for a period of up to 24 months 
immediately following adoption of the comprehensive plan or plan amendment; 
F. 
The municipality or multimunicipal region applied for and was denied financial 
assistance for its first planning assistance or implementation assistance grant under 
this subchapter due to lack of state funds on or before January 1, 2003. If the office 
subsequently offers the municipality or multimunicipal region its first planning 
assistance or implementation assistance grant, the municipality or multimunicipal 
region has up to one year to contract with the office to prepare a comprehensive plan 
or implementation program, in which case the municipality's or multimunicipal 
region's ordinances will be subject to paragraph D; or 
G. The ordinance or portion of an ordinance is an adult entertainment establishment 
ordinance, as defined in section 4352, subsection 2, that has been adopted by a 
municipality that has not adopted a comprehensive plan. 
Sec. 2. 30-A MRSA §4326, sub-§3, as amended by PL 2001, c. 578, §15 and c. 
667, Pt. H, §1 and affected by §3, is further amended to read: 
3. 
Implementation strategy. 
A comprehensive plan must include an 
implementation strategy section that contains a timetable for the implementation 
program, including land use ordinances, ensuring that the goals established under this 
subchapter are met. These implementation strategies must be consistent with stat'· 
w 
and must actively promote policies developed during the planning process. The timetable 
must identify significant ordinances to be included in the implementation program. The 
strategies and timetable must guide the subsequent adoption of policies, programs and 
land use ordinances and periodic review and revision of the comprehensive plan. 
Sec. 3. 30-A MRS A §4326, sub-§3-A, ~A, as amended by PL 2001, c. 667, Pt. 
H, §2 and affected by §3, is further amended to read: 
A. Identify Except as otherwise provided in this paragraph, identify and designate 
geographic areas in the municipality or multimunicipal region as growth areas and 
1 
rural areas, as defined in this chapter. 
(1) Within growth areas, each municipality or multimunicipal region shall: 
(a) Establish development standards; 
(b) Establish timely permitting procedures; 
(c) Ensure that needed public services are available; and 
(d) Prevent inappropriate development in natural hazard areas, including 
flood plains and areas of high erosion. 
(2) Within rural areas, each municipality or multimunicipal region shall adopt 
land use policies and ordinances to discourage incompatible development. These 
policies and ordinances may include, without limitation, density limits, cluster or 
special zoning, acquisition of land or development rights, transfer of development 
rights pursuant to section 4328 and performance standards. The municipality or 
multimunicipal region should also identify which rural areas qualify as critical 
rural areas as defined in this chapter. Critical rural areas must receive priority 
consideration for proactive strategies designed to enhance rural industries, 
manage wildlife and fisheries habitat and preserve sensitive natural areas. 
(3) A municipality or multimunicipal region may also designate as a transitional 
area any portion of land area that does not meet the definition of either a growth 
area or a rural area. 
Such an area may be appropriate for medium-density 
development that does not require expansion of municipal facilities and does not 
include significant rural resources. 
(4) A municipality or multimunicipal region is not required to identify growth 
areas for residential, commercial or industrial grov;th if it demonstrates that it is 
not possible to accommodate future residential, commercial or industrial growth 
in these areas because of se't'ere physical limitations, inoluding, vlithout 
limitation, the lack of adequate ""tater supply and se'.vage disposal services, very 
shallow soils or limitations imposed by protected natural resources. within the 
municipality or multimunicipa1 region for residential, commercial or industrial 
wwth if it demonstrates, in accordance with rules adopted by the office pursuant 
to this article, that: 
(a) It is not possible to accommodate future residential, commercial or 
Lndustrial growth within the municipality or multimunicipal region becaus! 
of severe physical limitations, including, without limitation, the lack of 
adequate water supply and sewage disposal services, very shallow soils or 
limitations imposed by protected natural resources; 
(b) The municipality or multimunicipal region has experienced minimal or nQ 
residential, commercial or indus~rial development over the past decade ane! 
this conditlOn is expected to continue over the 1 O-year planJ}~rio<t 
~) The municipality or multimunicipal region h~~_ identified ~IS its gro\VJ:l! 
areas one or more l'T.owth areas identified in a comprehensive plan adopted or 
to be adopted by one or more other municipalities or multimunicipal regions 
in <;!ccordance with an inter10cal agreement adopted in accordance with 
chapter 115 with one or more mu_nicipalities or muitimunicipal:G;;J!ions; or 
(d) The municipalitv or muJtimunicipal region_has n~ 
vi~~._Gn~fl.l 
developed area. 
(5) A municipality or multimunicipal region is not required-te-~JWtl:t 
areas for residential, oOl'nmercial or industrial grovAh if it demonstrates that the 
municipahty Err multimU!l.iCipal region has experienced minimal or no residential, 
commercial or industrial development oyer the past decade and this condition is 
~ted to continue over the 10 year plan.'1ing period: 
(6) A municipality or multimunicipal region exercising the discretion afforded 
by subparagraph 4 ~ 
shall review the basis for its demonstration during the 
periodic revisions undertaken pursuant to section 4347-A; 
Sec. 4. 30-A MRSA §4347-A, sub-§3, as amended by PL 2003, c. 641, §15, is 
further amended to read: 
3. Review of growth management program. In reviewing a comprehensive plan or 
growth management program, the office shall: 
A. 
Solicit written comments on any proposed comprehensive plan or growth 
management program from regional councils, state agencies, all municipalities 
contiguous to the municipality or multimunicipal region submitting a comprehensive 
plan or growth management program and any interested residents of the municipality 
or multimunicipal region or of contiguous municipalities. 
The comment period 
extends for 45 days after the office receives the comprehensive plan or growth 
management program. 
(1) Each state agency reviewing the proposal shall designate a person or persons 
responsible for coordinating the agency's review of the comprehensive plan or 
growth management program. 
(2) Any regional council commenting on a growth management program shall 
determine whether the program is compatible with the programs of other 
municipalities that may be affected by the program and with regional policies or 
needs identified by the regional council; 
B. 
Prepare all written comments from all sources in a form to be forwarded to the 
municipality or multimunicipal region; 
C.    Within 60 days after receiving the comprehensive plan or 90 days after receiving 
the growth management program, send all written comments on the comprehensive 
plan or growth management program to the municipality or multimunicipal region 
and any applicable regional council.  If warranted, the office shall issue findings 
specifically describing how the submitted plan or growth management program is not 
consistent with the procedures, goals and guidelines established in this subchapter 
and the recommended measures for remedying the deficiencies. 
 (1)  In its findings, the office shall clearly indicate its position on any point on 
which there are significant conflicts among the written comments submitted to 
the office. 
 (2)  If the office finds that the comprehensive plan or growth management 
program was adopted in accordance with the procedures, goals and guidelines 
established in this subchapter, the office shall issue a finding of consistency for 
the comprehensive plan or a certificate of consistency for the growth 
management program. 
 (3)  Notwithstanding paragraph D, if a municipality or multimunicipal region 
requests a certificate of consistency for its growth management program, any 
unmodified component of that program that has previously been reviewed by the 
office and has received a finding of consistency will retain that finding during 
program certification review by the office as long as the finding of consistency is 
current as defined in rules adopted by the office; 
D.    Provide ample opportunity for the municipality or multimunicipal region 
submitting a comprehensive plan or growth management program to respond to and 
correct any identified deficiencies in the plan or program.  A finding of inconsistency 
for a comprehensive plan or growth management program may be addressed within 
months of the date of the finding without addressing any new review standards 
that are created during that time interval. After 24 months, the plan or program must 
be resubmitted in its entirety for state review under the office's most current review 
standards; and 
E.    Provide an expedited review and certification procedure for those submissions 
that represent minor amendments to certified growth management programs. 
The office's decision on consistency of a comprehensive plan or growth management 
program constitutes final agency action. 
Sec. 5.  30-A MRSA §4347-A, sub-§3-A is enacted to read: 
3-A.  Review of comprehensive plan. In reviewing a comprehensive plan, the office 
shall: 
A.  Solicit written comments on any proposed comprehensive plan from regional 
councils, state agencies, all municipalities contiguous to the municipality or 
multimunicipal region submitting a comprehensive plan and any interested residents 
of the municipality or multimunicipal region or of contiguous municipalities. The 
comment period extends for 25 business days after the office receives the 
comprehensive plan.  Each state agency reviewing the proposal shall designate a 
person or persons responsible for coordinating the agency's reVIew of the 
comprehensive plan; 
B. Prepare all written comments from all sources in a form to be forwarded to the 
municipality or multimunicipal region; 
C. 
Within 35 business days after receiving the comprehensive plan, notify the 
municipality or multimunicipal region if the plan is complete for purposes of review. 
If the office notifies the municipality or multimunicipal region that the plan is not 
complete for purposes of review, the office shall indicate in its notice necessary 
additional data or information; 
D. Within 10 business days of issuing notification that a comprehensive plan is 
complete for purposes of review, issue findings specifically describing whether the 
submitted plan is consistent with the procedures, goals and guidelines established in 
this subchapter and identify which inconsistencies, if any, are directly related to rate 
of growth, zoning or impact fee ordinances. 
(1) In its findings, the office shall clearly indicate its position on any point on 
which there are significant conflicts among the written comments submitted to 
the office. 
(2) If the office finds that the comprehensive plan was developed in accordance 
with the procedures, goals and guidelines established in this subchapter, the 
office shall issue a finding of consistency for the comprehensive plan; 
E. 
Send all written findings and comments on the comprehensive plan to the 
municipality or multimunicipal region and any applicable regional council; and 
F. 
Provide ample opportunity for the municipality or multimunicipal region 
submitting a comprehensive plan to respond to and correct any identified deficiencies 
in the plan. A finding of inconsistency for a comprehensive plan may be addressed 
within 24 months of the date of the finding without addressing any new review 
standards that are created during that time interval. After 24 months, the plan must be 
resubmitted in its entirety for state review under the office's most current review 
standards. 
If the office finds that a plan is not consistent with the procedures, goals and guidelines 
established in this subchapter, the municipality or multimunicipal district that submitted 
the plan may appeal that finding to the office within 20 business days of receipt of the 
finding in accordance with rules adopted by the office, which are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
The office's decision on consistency of a comprehensive plan constitutes final agency 
action. 
A finding by the office pursuant to paragraph D that a comprehensive plan is consistent 
with the procedures, goals and guidelines established in this subchapter is valid for 12 
years from the date of its issuance. A finding by the office issued pursuant to this 
subchapter prior to December 31, 2000 that a comprehensive plan is consistent with the 
procedures, goals and guidelines established in this subchapter is valid until December 
31, 2012. For purposes of section 4314, subsection 3 and section 4352, subsection 2, 
expiration of a finding of consistency pursuant to this subsection does not itself make a 
comprehensive plan inconsistent with the procedures, goals and guidelines established in 
this subchapter. 
Sec. 6. 30-A MRS A §4352, sub-§2, as amended by PL 2003, c. 688, Pt. C, § 19, 
is further amended to read: 
2. Relation to comprehensive plan. A zoning ordinance must be pursuant to and 
consistent with a comprehensive plan adopted by the municipal legislative body, except 
that adoption of an adult entertainment establishment ordinance does not necessitate 
adoption of a comprehensive plan by a municipality that has no such comprehensive plan. 
As used in this section, "adult entertainment establishment ordinance" means an 
ordinance that regulates the operation of adult amusement stores, adult video stores, adult 
bookstores, adult novelty stores, adult motion picture theaters, on-site video screening 
establishments, adult arcades, adult entertainment nightclubs or bars, adult spas, 
establishments featuring strippers or erotic dancers, escort agencies or other sexually 
oriented businesses. For purposes of this subsection, "zoning ordinance" does not include 
a cluster development ordinance or a design ordinance prescribing the color, shape, 
height, landscaping, amount of open space or other comparable physical characteristics of 
development. 
SUMMARY 
This bill makes the following changes to the laws governing growth management. It: 
1. Sets a date when a finding of consistency for a comprehensive plan expires; 
2. Authorizes the Executive Department, State Planning Office to define an appeal 
process that a town may use to appeal a finding of inconsistency; 
3. Shortens the timeline for state reviews of comprehensive plans to a 35-business-
day deadline for a notification of completeness and 10 additional business days for a 
finding of consistency; 
4. Exempts towns with no village or densely settled area from having to designate a 
growth area; 
5. Clarifies that certain land use ordinances may be adopted without a consistent 
comprehensive plan; and 
6. Clarifies that the portion of a rate of growth, zoning or impact fee ordinance not 
directly related to an inconsistency identified during a comprehensive plan review by the 
State Planning Office remains in effect after the inconsistency is identified.