An Act to Extend the Date by Which Compliance is Required for Affordable Housing Development, Increased Numbers of Dwelling Units and Accessory Dwelling Units Reference to the Joint Select Committee on Housing suggested and ordered printed.
Maine Legislature, Session 131, LD 0665
Committee: Housing
Sponsors: HEPLER, CRAY, HALL, LANDRY, MATLACK, MEYER, PLUECKER, ROBERTS, BLACK
Amends: 30-A MRSA §4364, 30-A MRSA §4364-A, 30-A MRSA §4364-B

Legislative Document
No. 665
H.P. 434
House of Representatives, February 16, 2023
An Act to Extend the Date by Which Compliance is Required for 
Affordable Housing Development, Increased Numbers of Dwelling 
Units and Accessory Dwelling Units
Reference to the Joint Select Committee on Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Cosponsored by Representatives: CRAY of Palmyra, HALL of Wilton, LANDRY of 
Farmington, MATLACK of St. George, MEYER of Eliot, PLUECKER of Warren, ROBERTS 
of South Berwick, Senator: BLACK of Franklin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4364, first ¶, as enacted by PL 2021, c. 672, §4, is amended 
to read:
For an affordable housing development approved on or after July 1, 2023 2025, a 
municipality with density requirements shall apply density requirements in accordance 
with this section.
Sec. 2.  30-A MRSA §4364-A, sub-§2, ¶B, as enacted by PL 2021, c. 672, §5, is 
amended to read:
B.  A municipal zoning ordinance may establish a prohibition or an allowance for lots 
where a dwelling unit in existence after July 1, 2023 2025 is torn down and an empty 
lot results.
Sec. 3.  30-A MRSA §4364-A, sub-§10, as enacted by PL 2021, c. 672, §5, is 
amended to read:
10.  Implementation.  A municipality is not required to implement the requirements 
of this section until July 1, 2023 2025.
Sec. 4.  30-A MRSA §4364-B, sub-§2, as enacted by PL 2021, c. 672, §6, is 
amended by amending the first blocked paragraph to read:
This subsection does not restrict the construction or permitting of accessory dwelling units 
constructed and certified for occupancy prior to July 1, 2023 2025.
Sec. 5.  30-A MRSA §4364-B, sub-§4, ¶B, as corrected by RR 2021, c. 2, Pt. A, 
§110, is amended to read:
B.  For an accessory dwelling unit located within the same structure as a single-family 
dwelling unit or attached to or sharing a wall with a single-family dwelling unit, the 
setback requirements and dimensional requirements must be the same as the setback 
requirements and dimensional requirements of the single-family dwelling unit, except 
for an accessory dwelling unit permitted in an existing accessory building or secondary 
building or garage as of July 1, 2023 2025, in which case the requisite setback 
requirements for such a structure apply.  A municipality may establish more permissive 
dimensional and setback requirements for an accessory dwelling unit.
Sec. 6.  30-A MRSA §4364-B, sub-§13, as enacted by PL 2021, c. 672, §6, is 
amended to read:
13.  Implementation.  A municipality is not required to implement the requirements 
of this section until July 1, 2023 2025.
SUMMARY
This bill amends, from July 1, 2023 to July 1, 2025, the date by which laws must be 
implemented regarding affordable housing development, increased numbers of dwelling 
units and accessory dwelling units enacted by Public Law 2021, chapter 672.