An Act To Define the Process for a Municipality To Secede from a County April 5, 2007
Maine Legislature, Session 123, LD 1840
Committee: State and Local Government
Sponsors: WESTON

Legislative Document 
No. 1840 
S.P.656 
An Act To Define the Process for a Municipality To Secede from a 
County 
April 5, 2007 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator WESTON of Waldo. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA c. 113, sub-c. 3 is enacted to read: 
SUBCHAPTER 3 
SECESSION BY MUNICIPALITY FROM COUNTY 
§2174. Secession by a municipality from a county 
This subchapter establishes a process by which a municipality may secede from one 
county and join another. The municipality must share a political subdivision border with 
both counties. 
§2175. Initiation of procedure 
1. Petition. Upon receipt of a petition that seeks to have a municipality secede from 
one county and join another county signed by 10% of the number of voters in the 
municipality who voted at the last gubernatorial election, the municipal officers shall call, 
advertise and hold a public hearing at least 14 days and no more than 30 days after 
certitying the petition. The municipal officers shall publish notice of the public hearing 
in a newspaper of general circulation in the area. One notice must be published as close 
as possible to the 14th day before the hearing and a 2nd notice must be published as close 
as possible to the 7th day before the hearing. 
A. 
The purpose of the public hearing under this section is to allow municipal 
residents and officers to discuss secession. The public hearing must include a formal 
presentation by those initiating the petition that must include a description of the 
problems that have led to the secession effort. Attendees shall discuss the problems, 
potential solutions other than secession and the potential impact of secession on the 
municipality and the county from which the municipality is seceding. The persons 
initiating the petition shall submit a written report at the public hearing that describes 
the impact of the proposed secession on property taxes in the county from which the 
municipality is seceding as well as in the municipality. 
B. The petition under this section must be approved by secret ballot by a 2/3 vote of 
the voters present and voting before municipal officers may call for a local 
referendum. 
2. Question. No later than 90 days after the petition under this section is approved 
by the public hearing, municipal officers must call for a local referendum. The question 
to be voted on must be in substantiaily the following form: 
"Be it resolved that the voters of X (municipality) seek approval of the 
Legislature for X (municipality) to secede from the County of X and join 
the County of Y. Following legislative approval, a countywide 
referendum is required before final secession is authorized. 
Do you 
support X (municipality) seeking the approval of the Legislature for X 
(municipality) to secede from the County of X? 
Yes No" 
3. Approval. If the voters approve the question under subsection 2 by a majority 
vote of those voting and present, then the rest of the secession process set forth in this 
subchapter applies. 
§2176. Legislative approval of secession 
Upon a majority approval of the local referendum under section 2175, the 
municipality shall seek and, in order to secede, must receive approval from the 
Legislature for the proposed secession. 
§2177. County approval ofsecession 
Upon approval of the Legislature, both the county from which the municipality is 
seceding and the county that the municipality is joining under this subchapter shall hold a 
referendum vote during the next scheduled regular election. Both counties must agree by 
a majority vote in favor of secession. 
The question to be voted on must be in 
substantially the following form: 
"Be it resolved that the voters of X (municipality) seek approval of the 
County of X and the County of Y to secede from the County of X and 
join the County of Y. Do you support X (municipality) seceding from 
8 
the County of X and joining the County of Y and the paying of the 
municipality's share of debts owed to the County of X? 
Yes 
No" 
§2178. Cost of referenda 
The municipality petitioning to secede shall bear the expense of the 2 countywide 
referenda under section 2177. 
§2179. Debt service of county 
The municipality seceding under this subchapter must continue to pay the 
municipality's share of the debt service to the county from which the municipality is 
seceding. The time period for which the amount of debt service can be paid must be 
agreed upon between the municipality seceding and the county from which the 
municipality is seceding. Payment may not extend longer than the time in which the 
voters authorized the debt to be borne. 
SUMMARY 
This bill establishes a process by which a municipality may secede from one county 
and join another.