An Act To Create Affordable Agricultural Homesteads
Maine Legislature, Session 130, LD 1884
Committee: State and Local Government
Sponsors: BICKFORD, TIMBERLAKE, DILLINGHAM, FECTEAU, TERRY
Amends: 30-A MRSA §4364, 30-A MRSA §4365

Legislative Document
No. 1884
H.P. 1394
House of Representatives, January 5, 2022
An Act To Create Affordable Agricultural Homesteads
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BICKFORD of Auburn.
Cosponsored by Senator TIMBERLAKE of Androscoggin and
Representatives: DILLINGHAM of Oxford, Speaker FECTEAU of Biddeford, TERRY of 
Gorham.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is essential to promote agricultural endeavors of all sizes, including 
subsistence farming and agricultural operations that have a large market share; and
Whereas, less restrictive land use policies will encourage agricultural, commercial 
and residential development in this State; and
Whereas, agricultural and residential development historically occur in tandem and 
should be addressed simultaneously; and
Whereas, delaying this legislation beyond the 90-day period would detrimentally 
affect the development of agricultural homesteads; and
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.  30-A MRSA §4364 is enacted to read:
§4364.  Residential construction
This section governs a municipality’s regulation of residential construction.
1.  Income requirements prohibited.  A municipality may not establish an income 
requirement as a condition for residential construction in any zone regardless of the zone’s 
primary use.
2.  Conditions.  For residential construction in an area zoned for agricultural uses, a 
municipality may not require a condition that is more restrictive than any condition under 
Title 36, section 1102, subsection 4.
Sec. 2.  30-A MRSA §4365 is enacted to read:
§4365.  Minimum lot size requirements for agricultural zones
For areas zoned primarily for agricultural uses, a municipality may not require a 
minimum lot size of more than twice the minimum lot size of the most restrictive residential 
zone in that municipality.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill prohibits a municipality from requiring:
1. An income requirement as a condition for residential construction;
2. A condition of residential construction in an agricultural zone that is more restrictive 
than any condition on farmland under the State’s farm tax law; and
3. A minimum lot size for zones primarily used for agriculture that is more than twice 
the minimum lot size of the most restrictive residential zone in that municipality.