An Act To Accept the Detennination of Public Opinion on Municipal Projects
Maine Legislature, Session 123, LD 1061
Committee Amendment CA_A_H214 (House)
Amends: 30-A MRSA §4361

COMMITTEE AMENDMENT ,,~ " to H.P. 779, L.D. 1061, Bill, "An Act To 
Accept the Detennination of Public Opinion on Municipal Projects" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure Adequate Public Notice on Municipal Projects' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have detennined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4361 is enacted to read: 
§4361. Public notice for municipal projects 
1. Public notice. Municipal officers shall provide notice by mail at least 10 days 
before any public hearing on a municipal project to all residents within a one-mile radius 
of the proposed project or to the entire municipality, whichever is the smaller. 
2. Municipal project. For the purpose of this section, "municipal project" means 
any large development project and includes, but is not limited to, the following projects: 
developments that equal or exceed 75,000 square feet; those requiring licensing or 
oversight from the Department of Environmental Protection; those involving disposal of 
hazardous or toxic waste; public waste water treatment facilities; and subdivisions. 
3. Public hearing. Everyone present at the public hearing must be allowed to give 
testimony. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " 
to H.P. 779, L.D. 1061 
4. Application. This section applies to a municipality that has municipal reviewing 
authority and to a municipality without municipal reviewing authority in which planning 
decisions are made at the town meeting. ' 
SUMMARY 
This amendment, which is the minority report, replaces the bill. It requires municipal 
officers to provide notice of a public hearing to all residents within a one-mile radius or 
the entire municipality, whichever is the smaller, by mail at least 10 days prior to the 
hearing. This notice is necessary for all significant development projects, including, but 
not limited to, projects that: are at least 75,000 square feet in size; require licensing or 
oversight by the Department of Environmental Protection; involve public waste water 
treatment facilities; involve disposal of hazardous or toxic waste; and involve 
subdivisions. Everyone present at the public hearing must be allowed to testify. Notice 
must be provided whether the municipality has a planning board or the planning decisions 
are made at a town meeting. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/02/07 
~ac;. 
State Mandates 
LD 1061 
LR 1383(02) 
An Act To Accept the Determination of Public Opinion on Municipal Projects 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Required Activity 
Unit Affected 
This bill requires municipal officers to mail notices of public hearings on major 
Municipality 
development proposals to all residents within a one mile radius of a proposed project 
or to the entire municipality, whichever is smaller. Pursuant to the Mandate 
Preamble, a 2/3s vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional local costs. 
LR1383(02) - Fiscal Note - Page 1 of 1 
Costs 
Significant