An Act To Clarify Comprehensive Planning and Land Use Ordinances
Maine Legislature, Session 123, LD 1803
Committee Amendment CA_A_H300 (House)

COMMITTEE AMENDMENT ,A" to H.P. 1258, L.D. 1803, Bill, "An Act To 
Clarify Comprehensive Planning and Land Use Ordinances" 
Amend the bill in section 1 in subsection 3 in the first paragraph in the 5th line (page 
1, line 8 in L.D.) by inserting afterthe following: "identified" the following: 'by a court 
or' 
Amend the bill in section 1 in subsection 3 in the first paragraph in the 8th line (page 
1, line II in L.D.) by inserting after the following: "include" the following: 'an ordinance 
that applies townwide that is' 
Amend the bill in section 2 in subsection 3 in the last line (page 2, line 6 in L.D.) by 
striking out the following: "and revision" 
Amend the bill in section 5 in subsection 3-A by striking out all of paragraph D (page 
5, lines 10 to 20 in L.D.) and inserting the following: 
'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 identity which inconsistencies in the plan, if any, may directly 
affect 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. 
(3) A finding of inconsistency must identity the goals under this subchapter not 
adequately addressed, specific sections of the rules relating to comprehensive 
plan review adopted by the office not adequately addressed and recommendations 
for resolving the inconsistency;' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A " 
to H.P. 1258, L.D. 1803 
SUMMARY 
This amendment adds a provision that clarifies that portions of rate of growth, zoning 
or impact fee ordinances not directly related to an inconsistency identified by a court 
remain in effect. It clarifies that cluster development ordinances and design ordinances 
that apply townwide are not included in the definition of "zoning ordinance." It removes 
the requirement in the bill that implementation strategies must guide revision of a 
comprehensive plan. 
It requires a finding of inconsistency made by the Executive 
Department, State Planning Office to identity sections of the growth management laws 
and rules that are not adequately addressed in the comprehensive plan and to make 
recommendations for resolving the inconsistency. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05120/07 
fra~ 
LD 1803 
LR 994(02) 
An Act To Clarify Comprehensive Planning and Land Use Ordinances 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0994(02) - Fiscal Note - Page I of 1