An Act To Reform the Land Use and Planning Authority within the Unorganized Territories of the State
Maine Legislature, Session 124, LD 1370
Committee: Agriculture, Conservation and Forestry
Sponsors: JOY, SHERMAN, CURTIS, EDGECOMB, GIFFORD, SAVIELLO, SCHATZ, TILTON, RA YE

Legisla:tive. Document 
No. 1370 
H.P.960 
.' House of Representatives, April 2, 2009 
An Act To Reform the Land Use and Planning Authority within the 
Unorganized Territories of the State 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative JOY of Crystal. 
Cosponsored by Senator SHERMAN of Aroostook and 
---n;~ 1/1. 7l!!!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: eRA Y of Palmyra, CURTIS of Madison, EDGECOMB of Caribou, 
GIFFORD of Lincoln, SAVIELLO of Wilton, SCHATZ of Blue Hill, TILTON of Harrington, 
Senator: RA YE of Was hi rig ton. ' 
·PrinleJ 011 l'er:ydcJ paper 
Be it enacted by the People of t~e State of Maine as follows: 
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Sec. 1. 12 MRSA c. 206-A, sub-c. 2, as amended, is repealed. 
Sec. 2. 
Transfer 
a1Jth()dty()veL.J~Jld ... u~~. pl~nning; iInplementing 
legislation. The Maine Land Use Regulation Commission, referred to in this section as 
"the commission," shall develop a comprehensive proposal to transfer authority over land 
use planning in the unorganized territory from the commission to the county in which the 
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land is located. In developing the proposal, the coinmission shall prepare a list of all the 
large-scale special projects being conducted by the commission on the effective date of 
this Act, and shall identify, with input from the affected counties, which of those projects 
can be completed,prior to July 15, 2010. The proposal developed by the commission 
must provide for: 
1. 
The assumption by the counties in which the land is located of the duty to 
maintain uniformity of land use and planning throughout the unorganized territory; 
2. The completion by the comrrusslOn of all large-scale special projects under 
cOrnrIDssionjurisdiction that are identified for completion pursuant to this section; 
3. The transfer to the appropriate county entity or designee of all projects, permits or 
related activities under commission jurisdiction that are not identified for completion -
pursuant to this section; 
4. The transfer by the commission of all pertinent -information necessary for the 
counties to assume th~ duties pursuant to this section; 
5. The assumption by the State -of all costs incurred by the -counties in which the land 
is located in completing the projects, permits or related activities under commission 
jurisdiction that are not identified for completion pursuant to this section; 
6. The adoption of the 1997 Comprehensive Land Use Plan, and the retention of that 
plan until July 15, 2010 as the land use and planning authority with respect to the 
unorganized territory in the State; 
7. The establishment of a process for the counties in which the land is located to 
adopt, after July 15, 2010, changes to the 1997 Comprehensive Land Use Plan; 
8. Fora municipality that, on the effective date of this Act, has the option to use the 
commission for land use and planning purposes, the option to either use the 
municipality's own land use and planning resources or to adopt the appropriate county's 
unorganized territory plan or service; 
9. The assessment against the unorganized territory county serVices compone~t of 
the unorganized territory budget for the county cost of unorganized territory land use and 
zoning activities, which assessment may not be greater than the assessments for· 
commission operations on the effective date of this Act; and 
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10. A special assessment that may be imposed by counties on municipalities that. 
adopt the appropriate county unorganized territory lahd use plaIll1ing or services, which 
amount may not be greater than the assessments for commission operations on the 
effective date of this Act. 
Sec. 3. Submission of report. The Maine Land Use Regulation Commission shall 
submit its proposal, together with implementing legislation necessary to effectuate the 
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repeal of the Maine Land Use Regulation Commission and the transfer of its duties in 
accordance with section 2, to the Joint Standing Committee on Agriculture, Conservation 
and Forestry no later than December 2, 2009. After receipt and review of the report, the 
joint standing committee may submit legislation to the Second Regular Session of the 
124th Legislature. 
Sec. 4. Effective date; That section of this Act that repeals the Maine Revised 
Statutes, Title 12, chapter 206-A, subchapter 2 takes effect July 15, 2010. 
SUMMARY 
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This bill eliminates the Maine Land Use Regulation Commission, effective July 15, 
2010, and directs the Maine Land Use Regulation Commission prior to its elimination to· 
develop a plan to provide authority over land use plaIll1ing in the unorganized territory to 
. the counties in which the land is located. The Maine Land Use Regulation Commission 
is required to submit its proposal, together with implementing legislation necessary to 
effectuate the repeal of the Maine Land Use Regulation Commission and the transfer of 
its duties, to the Joint Standing tommittee on Agriculture, Conservation and Forestry by 
. December 2,2009.