An Act To Amend the Definition of "Subdivision" in the Laws Governing Planning and Land Use Regulation for Subdivisions and a Provision Excepting the Division of a New or Existing Structure from Those Laws Beginning July 1, 2018
Maine Legislature, Session 129, LD 0550
Committee: Environment and Natural Resources
Sponsors: LIBBY, CAMPBELL, FOLEY, POULIOT, JORGENSEN, TUCKER
Amends: 30-A MRSA §4401, 30-A MRSA §4402

Legislative Document
No. 550
S.P. 172
In Senate, January 31, 2019
An Act To Amend the Definition of "Subdivision" in the Laws 
Governing Planning and Land Use Regulation for Subdivisions and 
a Provision Excepting the Division of a New or Existing Structure 
from Those Laws Beginning July 1, 2018
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative CAMPBELL of Orrington and
Senators: FOLEY of York, POULIOT of Kennebec, Representatives: JORGENSEN of 
Portland, TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4401, sub-§4, ¶H-2, as enacted by PL 2017, c. 104, §1, is 
amended to read:
H-2.  This subchapter may not be construed to prevent a municipality from enacting 
an ordinance under its home rule authority that otherwise regulates land use activities.
A municipality may not enact an ordinance that expands the definition of 
"subdivision" except as provided in this subchapter.  A municipality that has a 
definition of "subdivision" that conflicts with the requirements of this subsection at 
the time this paragraph takes effect shall comply with this subsection no later than 
January 1, 2019 2021.  Such a municipality must file its conflicting definition at the 
county registry of deeds by June 30, 2018 2020 for the definition to remain valid for 
the grace period ending January 1, 2019 2021.  A filing required under this paragraph 
must be collected and indexed in a separate book in the registry of deeds for the 
county in which the municipality is located.
Sec. 2.  30-A MRSA §4402, sub-§6, as enacted by PL 2017, c. 104, §4, is 
amended to read:
6.  Division of new or existing structures.  Beginning July 1, 2018, a division of a 
new or existing structure into 3 or more dwelling units whether the division is 
accomplished by sale, lease, development or otherwise in a municipality where the 
project is subject to an ordinance governing municipal site plan review adopted in 
accordance with Title 38, section 488, subsection 19 or Title 38, section 489-A chapter 
141.
Sec. 3.  Retroactivity.  The provision of this Act that amends Title 30-A, section 
4402, subsection 6 applies retroactively to July 1, 2018.
SUMMARY
This bill changes the date by which definitions of "subdivision" that are in municipal 
ordinances and that conflict with state law must comply with the definition of 
"subdivision" in state law.  It also extends the time municipalities have to register an 
ordinance with a conflicting definition with the registry of deeds.  The bill also removes 
cross-references to the site location of development laws in an exemption to municipal 
subdivision review and adds a cross-reference to the law governing municipal site plan 
review ordinances.