An Act To Reform the Land Use and Planning Authority within the Unorganized Territories of the State
Maine Legislature, Session 125, LD 0017
Committee: Agriculture, Conservation and Forestry
Sponsors: DAVIS, THOMAS, AYOTTE, BLACK, CRAFTS, FREDETTE, HANLEY, LONG, TIMBERLAKE, THIBODEAU

Legislative Document 
No. 17 
H.P. 9 
House of Representatives, January 4, 2011 
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. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DAVIS of Sangerville. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: AYOTTE of Caswell, BLACK of Wilton, CRAFTS of Lisbon, FREDETTE 
of Newport, HANLEY of Gardiner, LONG of Sherman, TIMBERLAKE of Turner, Senator: 
THIBODEAU of Waldo. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA c. 206-A, sub-c. 2, as amended, is repealed. 
Sec. 2.  Transfer authority over land use planning; implementing 
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 
land is located.  In developing the proposal, the commission 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, 2012.  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 commission of all large-scale special projects under 
commission jurisdiction 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 the 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, 2012 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, 2012, changes to the 1997 Comprehensive Land Use Plan; 
8.  For a 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 component 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 
10. A special assessment that may be imposed by counties on municipalities that 
adopt the appropriate county unorganized territory land use planning 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 repeal of the Maine Land Use Regulation Commission and the transfer of its duties in 
accordance with section 2, to the joint standing committee of the Legislature having 
jurisdiction over agriculture, conservation and forestry matters no later than December 2, 
2011. After receipt and review of the report, the joint standing committee may submit 
legislation to the Second Regular Session of the 125th 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, 2012. 
SUMMARY 
This bill eliminates the Maine Land Use Regulation Commission, effective July 15, 
2012, and directs the Maine Land Use Regulation Commission prior to its elimination to 
develop a plan to provide authority over land use planning 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 committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters by December 2, 2011.