An Act To Encourage Policies Regarding Accessory Dwelling Units under Local Comprehensive Plans and Zoning Requirements
Maine Legislature, Session 129, LD 0970
Committee: State and Local Government
Sponsors: CAMPBELL, DIAMOND, DRINKWATER, FAY, KESCHL, O'CONNOR, PERKINS, STANLEY, VEROW, CHIPMAN
Amends: 30-A MRSA §4301, 30-A MRSA §4312, 30-A MRSA §4326

Legislative Document
No. 970
H.P. 725
House of Representatives, February 26, 2019
An Act To Encourage Policies Regarding Accessory Dwelling Units 
under Local Comprehensive Plans and Zoning Requirements
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: DRINKWATER of Milford, FAY of Raymond, KESCHL of Belgrade, 
O'CONNOR of Berwick, PERKINS of Oakland, STANLEY of Medway, VEROW of Brewer, 
Senator: CHIPMAN of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4301, sub-§1-B is enacted to read:
1-B.  Accessory dwelling unit.  "Accessory dwelling unit" means a dwelling unit 
located within a detached single-family dwelling unit.
Sec. 2.  30-A MRSA §4312, sub-§3, ¶J, as amended by PL 2015, c. 349, §1, is 
further amended to read:
J.  To promote and protect the availability of outdoor recreation opportunities for all 
Maine citizens, including access to surface waters; and
Sec. 3.  30-A MRSA §4312, sub-§3, ¶K, as enacted by PL 2015, c. 349, §2, is 
amended to read:
K.  To encourage municipalities to develop policies that assess community needs and 
environmental effects of municipal regulations, lessen the effect of excessive parking 
requirements for buildings in downtowns and on main streets and provide for 
alternative approaches for compliance relating to the reuse of upper floors of 
buildings in downtowns and on main streets.; and
Sec. 4.  30-A MRSA §4312, sub-§3, ¶L is enacted to read:
L.  To encourage municipalities to develop policies that provide for accessory 
dwelling units.
Sec. 5.  30-A MRSA §4326, sub-§1, ¶H, as amended by PL 2015, c. 349, §3, is 
further amended to read:
H.  Residential housing stock, including affordable housing, and policies that assess 
community needs and environmental effects of municipal regulations, lessen the 
effect of excessive parking requirements for buildings in downtowns and on main 
streets and provide for alternative approaches for compliance relating to the reuse of 
upper floors of buildings in downtowns and on main streets and policies that provide 
for accessory dwelling units;
Sec. 6.  30-A MRSA §4326, sub-§3-A, ¶G, as amended by PL 2015, c. 349, §4, 
is further amended to read:
G.  Ensure that the municipality's or multimunicipal region's land use policies and 
ordinances encourage the siting and construction of affordable housing within the 
community and comply with the requirements of section 4358 pertaining to 
individual mobile home and mobile home park siting and design requirements.  The 
municipality or multimunicipal region shall seek to achieve a level of at least 10% of 
new residential development, based on a 5-year historical average of residential 
development in the municipality or multimunicipal region, that meets the definition 
of affordable housing.  A municipality or multimunicipal region is encouraged to 
seek creative approaches to assist in the development of affordable housing, 
including, but not limited to, cluster housing, reduced minimum lot and frontage 
sizes, increased residential densities, use of municipally owned land and, 
establishment of policies that assess community needs and environmental effects of 
municipal regulations, lessen the effect of excessive parking requirements for 
buildings in downtowns and on main streets and provide for alternative approaches 
for compliance relating to the reuse of upper floors of buildings in downtowns and on 
main streets and establishment of policies that provide for accessory dwelling units;
Sec. 7.  30-A MRSA §4326, sub-§3-A, ¶J, as amended by PL 2015, c. 349, §5, 
is further amended to read:
J.  Develop management goals for great ponds pertaining to the type of shoreline 
character, intensity of surface water use, protection of resources of state significance 
and type of public access appropriate for the intensity of use of great ponds within the 
municipality's or multimunicipal region's jurisdiction; and
Sec. 8.  30-A MRSA §4326, sub-§3-A, ¶K, as enacted by PL 2015, c. 349, §6, is 
amended to read:
K.  Encourage policies that assess community needs and environmental effects of 
municipal regulations, lessen the effect of excessive parking requirements for 
buildings in downtowns and on main streets and provide for alternative approaches 
for compliance relating to the reuse of upper floors of buildings in downtowns and on 
main streets.; and
Sec. 9.  30-A MRSA §4326, sub-§3-A, ¶L is enacted to read:
L.  Establish policies that provide for accessory dwelling units.
SUMMARY
This bill directs municipalities to develop policies in the comprehensive planning 
process that provide for accessory dwelling units, which are dwelling units located within 
a detached single-family dwelling unit.