An Act To Amend the Review and Approval Process of the Comprehensive Land Use Plan
Maine Legislature, Session 124, LD 1047
Committee: Agriculture, Conservation and Forestry
Sponsors: CLARK, NUTTING, DAVIS, GIFFORD, JOHNSON, PERCY, SAVIELLO, SHERMAN
Amends: 12 MRSA §685-C

Legislative Document 
No. 1047 
H.P.722 
House of Representatives, March 17,2009 
An Act To Amend the Review and Approval Process of the 
Comprehensive Land Use Plan 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Senator NUTTING of Androscoggin and 
7Y)~ /h. 7l!tLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CRA Y of Palmyra, DAVIS of Sangerville, GIFFORD of Lincoln, JOHNSON 
of Greenville, PERCY of Phippsburg, SAVIELLO of Wilton, THERlAULT:ofMadawaska, 
Senator: SHERMAN of Aroostook. 
Printed (.1Il rccyck-t1 pap!:r 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, comprehensive land use plans are presented to the Maine Land Use 
Regulation COlmnission on a regular basis; and 
Whereas, it is important to change the procedure in which the plans are approved as 
soon as possible; and 
7· 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public· peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §685-C, sub-§I, as amended by PL 2007, c. 264, §1, is further 
amended to read: 
1. 
Comprehensive land use plan. The COlnmlSSlOn shall adopt an official 
comprehensive land use plan for the unorganized and. deorganized townships of the State. 
The commission must use the plan as a guide in developing specific land use standards 
and delineating district boundaries and guiding development and generally fulfilling the 
purposes of this chapter. 
The plan may consist of maps, data and statements of present and prospective resource 
uses that generally delineate the proper use of resources, and recommendations for its 
implement·ation. 
The commlSSlOn shall hold public hearings to collect infonnation to be used in 
establishing the land use guidance plan. The public hearings must be conducted according 
to commission rules adopted in accordance with procedures for the establishment of rules 
pursuant to Title 5, chapter 375, subchapter 2. 
The commission may, on its own motion or petition of any state agency or regional 
planning commission, hold such other hearings as the commission considers necessary 
from time to time for the purpose of obtaining infonnation helpful in the detennination of 
its policies, the carrying out of its duties or the fonnulation of its land use standards or 
rules. 
The commission may not adopt a plan or portion of a piau; unless: 
A. 
The tentative plan has been submitted to each regional planning commission and 
other 
appropriate 
agencies, 
which 
shall 
forward 
their 
comments 
and 
recommendations, if any, to the commission within 30 days; 
B. 
The tentative pl~n has been submitted to the State Planning Office, pursuant to 
Title 5, section 3305, subsection 1, paragraph G, which shall forward its comments 
-and recommendations, if any, to the commission within 30 days; and 
C. 
The commission has considered all such COlmnents. 
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Upon adoption of the official land use· plan by the commission, the commission shall 
submit the plan to the Govol11or joint standing committee of the Legislature having 
jurisdiction over conservation matters for review and approval. 
The GOV6l110r joint 
standing committee of the Legislature having jurisdiction over conservation matters shall 
approve or disapprove the plan, plans or any portion of a plan within 30 days of receipt. 
If the GOV6l110r joint standing committee of the Legislature having jurisdiction over 
conserVaticiri-riiatters failS To act, the plimis deemed approved. TIns subsection also 
. applies to any alteration in the comprehensive plan .. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
TIns bill requires 'that a comprehensive land use plan be adopted by the Maine Land 
Use Regulation Commission and approved by the joint standing committee of the 
Legislature having jurisdiction over conservation matters. Current law requires that the 
Maine Land Use Regulation Commission adopt and the Governor approve a 
comprehensive land use plan.