An Act to Update the Growth Management Program Laws Reference to the Joint Select Committee on Housing suggested and ordered printed.
Maine Legislature, Session 131, LD 1976
Committee: Housing
Sponsors: SACHS, HICKMAN, FAY, GATTINE, GERE, GOLEK, MATLACK, RANA, PIERCE
Amends: 30-A MRSA §4301, 30-A MRSA §4312, 30-A MRSA §4314, 30-A MRSA §4324, 30-A MRSA §4325, 30-A MRSA §4326, 30-A MRSA §4345, 30-A MRSA §4346, 30-A MRSA §4347-A, 30-A MRSA §5403, 38 MRSA §1231

Legislative Document
No. 1976
H.P. 1267
House of Representatives, May 18, 2023
An Act to Update the Growth Management Program Laws
Reference to the Joint Select Committee on Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SACHS of Freeport.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: FAY of Raymond, GATTINE of Westbrook, GERE of Kennebunkport, 
GOLEK of Harpswell, MATLACK of St. George, RANA of Bangor, Senator: PIERCE of 
Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4301, as amended by PL 2021, c. 590, Pt. A, §§3 to 5 and c. 
754, §1, is further amended to read:
§4301.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Affordable housing.  "Affordable housing" means a decent, safe and sanitary 
dwelling, apartment or other living accommodation for a household whose income does 
not exceed 80% of the median income for the area as defined by the United States 
Department of Housing and Urban Development under the United States Housing Act of 
1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended for which the cost of 
occupancy is no more than 30% of the occupant's household income.
1-A.  Cluster development.  "Cluster development" means a form of development that 
allows a subdivision design in which individual lot sizes and setbacks are reduced in 
exchange for the creation of common open space and recreation areas, the preservation of 
environmentally sensitive areas, agriculture and silviculture and the reduction in the size 
of road and utility systems.
1-B.  Age-friendly community.  "Age-friendly community" means a community 
where policies, services, settings and structures support and enable older people to actively 
age in place and that recognizes the capabilities, resources and needs of older adults, plans 
to meet the needs of older adults in flexible ways that support healthy and active aging, 
promotes the inclusion and contributions of older adults in all areas of community life, 
respects the self-determination and independence of older adults and protects those older 
adults who are most vulnerable.
1-C.  Accessory dwelling unit.  "Accessory dwelling unit" means a self‑contained 
dwelling unit located within, attached to or detached from a single-family dwelling unit 
located on the same parcel of land.
1-D.  Adjacent neighborhood.  "Adjacent neighborhood" means a primarily 
residential area located within walking distance to a village center, downtown or high-
impact corridor initially planned, built and used for predominantly residential activities and 
typically includes buildings of historical or architectural significance. Housing may consist 
of a mix of single-family dwellings, duplexes, townhouses, small apartment buildings and 
accessory dwelling units. Businesses, churches, schools and other civic buildings may be 
located in an adjacent neighborhood. Buildings may be located together or attached. An 
adjacent neighborhood may include a network of streets that form blocks.
2.  Coastal area.  "Coastal area" means a coastal island and any municipality or 
unorganized township contiguous to tidal waters.  The inland boundary of the coastal area 
is the inland line of any coastal town line.
3.  Comprehensive plan.  "Comprehensive plan" means a document or interrelated 
documents containing the elements established under section 4326, subsections 1 to 4, 
including the strategies for an implementation program which that are consistent with the 
goals and guidelines established under subchapter II 2.
4.  Conditional zoning.  "Conditional zoning" means the process by which the 
municipal legislative body may rezone property to permit the use of that property subject 
to conditions not generally applicable to other properties similarly zoned.
4-A.  Critical rural area.  "Critical rural area" means a rural area that is specifically 
identified and designated by a municipality's or multimunicipal region's comprehensive 
plan as deserving maximum protection from development to preserve natural resources and 
related economic activities that may include, but are not limited to, significant farmland, 
forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; 
public water supplies; scarce or especially vulnerable natural resources; flood buffer areas 
and flood-prone areas; and open lands functionally necessary to support a vibrant rural 
economy.
4-B.  Critical waterfront area.  "Critical waterfront area" means a shorefront area 
characterized by functionally water-dependent uses, as defined in Title 38, section 436‑A, 
subsection 6, and specifically identified and designated by a municipality's or 
multimunicipal region's comprehensive plan as deserving maximum protection from 
incompatible development.
4-C.  Conserved lands.  "Conserved lands" means lands specifically identified and 
designated by a municipality's or region's comprehensive plan as having secured protection 
from development through conservation easements, deed restrictions or ownership in fee 
by the municipality, the State, the Federal Government or a land conservation organization 
to preserve natural resources and related economic activities.
4-D.  Critical natural resources.  "Critical natural resources" means the following 
natural resources:
A.  A resource protection zone established under Title 38, section 438-A, subsection 1;
B.  Wetlands of special significance identified by the Department of Environmental 
Protection under Title 38, chapter 3, subchapter 1, article 4-A;
C.  Significant wildlife habitat as defined in Title 38, section 480-B, subsection 10;
D.  Habitats of threatened and endangered species and species of special concern as 
designated and mapped under Title 12, chapter 925;
E.  Significant freshwater fisheries spawning habitat as identified and mapped by the 
Department of Inland Fisheries and Wildlife or the Department of Marine Resources;
F.  Natural communities that are critically imperiled, imperiled or rare as defined and 
mapped in the Natural Areas Program;
G.  Areas containing threatened or endangered plant species in the Natural Areas 
Program under Title 12, section 544;
H.  Coastal sand dune systems as defined by Title 38, section 480-B, subsection 1;
I.  Fragile mountain areas as defined by Title 38, section 480-B, subsection 3; or
J.  National natural landmarks designated by the National Park Service under 36 Code 
of Federal Regulations, Section 62.
5.  Contract zoning.  "Contract zoning" means the process by which the property 
owner, in consideration of the rezoning of that person's property, agrees to the imposition 
of certain conditions or restrictions not imposed on other similarly zoned properties.
5-A.  Downtown.  "Downtown" means: the central business district of a community 
that serves as the center for socioeconomic interaction in the community and is 
characterized by a cohesive core of commercial and mixed-use buildings, often 
interspersed with civic, religious and residential buildings and public spaces, typically 
arranged along a main street and intersecting side streets, walkable and served by public 
infrastructure.  Downtown areas may have a dense grouping of contiguous mixed-use 
parcels that may include multistory buildings.  Downtown areas were planned, built and 
used for a mix of uses, and include buildings of historical or architectural significance. 
Buildings typically may be close together, may be attached and are often adjacent to the 
sidewalk with a zero-foot front setback. Downtown areas include a network of streets that 
form blocks. Sidewalks may usually be present along streets with commercial activity.
A.  The central business district of a community that serves as the center for 
socioeconomic interaction in the community and is characterized by a cohesive core of 
commercial and mixed-use buildings, often interspersed with civic, religious and 
residential buildings and public spaces, typically arranged along a main street and 
intersecting side streets, walkable and served by public infrastructure; or
B.  An area identified as a downtown in a comprehensive plan adopted pursuant to 
chapter 187, subchapter II.
5-B.  Growth-related capital investment.  "Growth-related capital investment" 
means investment by the State in only the following projects, even if privately owned, 
whether using state, federal or other public funds and whether in the form of a purchase, 
lease, grant, loan, loan guarantee, credit, tax credit or other financial assistance:
A.  Construction or acquisition of newly constructed multifamily rental housing;
B.  Development Redevelopment of high-impact corridors as mixed-use areas for 
residential, light industrial or business parks;
C.  Construction or, extension or upgrade of sewer, water and other utility lines to 
support designated growth areas;
D.  Grants and loans for public or quasi-public service infrastructure, public or quasi-
public facilities and community buildings; and
E.  Construction or expansion of state office buildings, state courts, hospitals and other 
quasi-public facilities and other civic buildings that serve public clients and customers.
"Growth-related capital investment" does not include investment in the following: the 
operation or maintenance of a governmental or quasi-governmental facility or program; the 
renovation of a governmental facility that does not significantly expand the facility's 
capacity; general purpose aid for education; school construction or renovation projects; 
highway or bridge projects; programs that provide direct financial assistance to individual 
businesses; community revenue sharing; or public health programs.
5-C.  Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry.
6.  Development.  "Development" means a change in land use involving alteration of 
the land, water or vegetation, or the addition or alteration of structures or other construction 
not naturally occurring.
6-A.  Impact fee.  "Impact fee" means a charge or assessment imposed by a 
municipality against a new development to fund or recoup a portion of the cost of new, 
expanded or replacement infrastructure facilities necessitated by and attributable at least in 
part to the new development.
6-B.  Impact fee ordinance.  "Impact fee ordinance" means an ordinance that 
establishes the applicability, formula and means by which impact fees are assessed.
6-C.  Growth area.  "Growth area" means an area that is designated in a municipality's 
or multimunicipal region's comprehensive plan as suitable and desired for orderly 
residential, commercial or industrial development, or any combinations of those types of 
development, and into which most development projected over 10 years is directed.  
"Growth area" includes the following placetypes that are common and recognizable 
settlement patterns and that are demonstrated to produce a positive municipal return on 
investment:  downtowns, village centers, rural crossroads, high-impact corridors, adjacent 
neighborhoods, rural farmsteads and working waterfronts.
"Growth area" also includes locally identified special districts that have a pattern of 
development based on an established and recognized historic pattern and that are supported 
by local land use regulations.
6-D.  High-impact corridor.  "High-impact corridor" means a primarily linear 
collection of contiguous parcels of land along a regional road that connects a downtown or 
village to outlying areas. A high-impact corridor may be only one parcel deep and must 
directly abut a residential area. A high-impact corridor is planned, built and used for 
predominantly commercial activities.
7.  Implementation program.  "Implementation program" means that component of a 
local growth management program that begins after the adoption of a comprehensive plan 
and that includes the full range of municipal policy-making powers, including spending 
and borrowing powers, as well as the powers to adopt or implement ordinances, codes, 
rules or other land use regulations, tools or mechanisms that carry out the purposes and 
general policy statements and strategies of the comprehensive plan in a manner consistent 
with the goals and guidelines of subchapter 2.
7-A.  Important natural resources.  "Important natural resources" means those areas 
in the community important for strategic conservation planning purposes, and not classified 
as critical natural resources, including:
A.  Large habitat blocks as identified by the Department of Inland Fisheries and 
Wildlife's habitat conservation mapping program;
B.  Habitat connections as identified by the Department of Inland Fisheries and 
Wildlife's habitat conservation mapping program;
C.  Focus areas of statewide ecological significance as identified in the Department of 
Inland Fisheries and Wildlife's federally required wildlife action plan; and
D.  Exemplary natural community locations as defined under the Natural Areas 
Program under Title 12, section 544.
8.  Land use ordinance.  "Land use ordinance" means an ordinance or regulation of 
general application adopted by the municipal legislative body which controls, directs or 
delineates allowable uses of land and the standards for those uses.
8-A.  Local climate action plan.  "Local climate action plan" means a planning and 
decision-making document adopted by a municipality or multimunicipal region that:
A.  Includes compiled information regarding climate and health risks;
B.  Includes an evaluation of options for addressing climate and health risks by 
individuals, committees or offices in local or regional government that are responsible 
for planning, implementing and monitoring activities that reduce climate risk, build 
resilience to natural hazards and improve health and community capacity to manage 
crises; and
C.  Is produced using community dialogue and participation in a manner that ensures 
the input and needs of the community's most vulnerable citizens are elevated and 
prioritized.
9.  Growth management program.  "Growth management program" means a 
document containing the components described in section 4326, including the 
implementation program, that is consistent with the goals and guidelines established by 
subchapter II 2 and that regulates land use beyond that required by Title 38, chapter 3, 
subchapter I 1, article 2‑B.
10.  Planning committee.  "Planning committee" means the committee established by 
the municipal officers of a municipality or combination of municipalities that has the 
general responsibility established under sections 4324 and 4326.
11.  Moratorium.  "Moratorium" means a land use ordinance or other regulation 
approved by a municipal legislative body that, if necessary, may be adopted on an 
emergency basis and given immediate effect and that temporarily defers all development, 
or a type of development, by withholding any permit, authorization or approval necessary 
for the specified type or types of development.
11-A.  Multimunicipal region.  "Multimunicipal region" means a region made up of 
or more municipalities that work together to cooperatively establish a growth 
management program or independent growth management programs that are unified with 
respect to the implementation of the state goal identified in section 4312, subsection 3, 
paragraph A.  The several municipalities in a multimunicipal region may establish the 
region pursuant to section 4325 or chapter 115.
12.  Municipal reviewing authority.  "Municipal reviewing authority" means the 
municipal planning board, agency or office, or if none, the municipal officers.
12-A.  Neighborhood standards.  "Neighborhood standards" means local land use 
ordinances that support a pattern of development that is walkable, mixed-income and 
mixed-use, including the form of new buildings and the location and characteristics of new 
civic spaces, so ordinances align with community goals for development and are uniquely 
calibrated for each locally identified neighborhood. "Neighborhood standards" includes 
standards related to street designs that promote slow vehicular speeds; street networks that 
prioritize streets that interconnect, including across parcel lines; on-street and off-street 
pedestrian and bicycle connections; design and proximity requirements for publicly 
accessible civic spaces; clearly defined building types and building form that include a mix 
of building types and a mix of price points; orientation of buildings toward the street and 
civic spaces, including setbacks and build-to lines that bring buildings close to the front of 
the lot and standards for window and door openings that face onto streets and civic spaces; 
location of parking behind buildings; narrow lot widths that promote walkability and create 
stronger financial returns for municipalities; light imprint storm water standards; 
characteristics that help identify the center and edges of the neighborhood; and other 
standards that are critical to how new development supports local goals for each placetype 
related to quality of life, fiscal health, affordability, sustainability and access to civic and 
open spaces.
13-A.  Rate of growth ordinance.  "Rate of growth ordinance" means a land use 
ordinance or other rule that limits the number of building or development permits issued 
by a municipality or other jurisdiction over a designated time frame.
13-B.  Placetype.  "Placetype" means a definable geographic area that includes 
buildings, streets and other elements that are familiar and identifiable based on a number 
of characteristics related to the size of the developed area, the arrangement of buildings, 
the pattern and arrangement of streets, the types of activities that occur within buildings, 
the type of infrastructure and the presence of civic spaces and civic buildings.
13-C.  Region.  "Region" means 2 or more municipalities that work together to 
cooperatively establish a growth management program or independent growth management 
programs that are unified with respect to the implementation of the state goal identified in 
section 4312, subsection 3, paragraph A.  "Region" includes a cooperative growth 
management effort conducted by 2 or more municipalities under section 4325 or chapter 
115.
14.  Regional council.  "Regional council" means a regional planning commission or 
a council of governments established under chapter 119, subchapter I 1.
14-A.  Service center community.  "Service center community" means a municipality 
or group of municipalities identified by the department according to a methodology 
established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-
workers ratio, the amount of federally assisted housing and the volume of service sector 
jobs.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2‑A.
14-B.  Rural area.  "Rural area" means a geographic area that is identified and 
designated in a municipality's or multimunicipal region's comprehensive plan as an area 
that is deserving of some level of regulatory protection from unrestricted development for 
purposes that may include, but are not limited to, supporting agriculture, forestry, mining, 
open space, erosion mitigation, water retention, wildlife habitat, fisheries habitat and scenic 
lands, and away from which most development projected over 10 years is diverted.
14-C.  Transitional area.  "Transitional area" means an area that is designated in a 
municipality's or multimunicipal region's comprehensive plan as suitable for a share of 
projected residential, commercial or industrial development but that is neither intended to 
accept the amount or density of development appropriate for a growth area nor intended to 
provide the level of protection for rural resources afforded in a rural area or critical rural 
area.
14-D.  Rural crossroads.  "Rural crossroads" means an area with a contiguous 
grouping of 2 or more buildings of historical or architectural significance that have formed 
a center of community. A rural crossroads may contain a mix of commercial, residential 
and civic activities. Buildings are predominantly detached but tend to be located close 
together and near to the street, providing a place where people can easily walk between 
buildings.
14-E.  Rural farmstead.  "Rural farmstead" means a parcel of land that serves, or has 
the potential to serve, as a resource-based economic center of activity in a rural area. A 
rural farmstead may consist of adjacent buildings on a single parcel that support the 
commercial, residential and economic needs of a rural agricultural or forestry business. A 
rural farmstead allows for mixed-use development in rural areas to provide economic 
options to rural landowners while also safeguarding the agricultural and forest sectors from 
fragmented low-density development.
14-F.  Village center.  "Village center" means an area with a loose grouping of 
predominantly contiguous mixed-use parcels that contains a mix of multistory buildings. 
These areas were initially planned, built and used for a mix of uses and may include 
buildings of historical or architectural significance. A village center primarily consists of 
buildings that contain commercial, residential and civic activities.
14-G.  Workforce housing.  "Workforce housing" means a decent, safe and sanitary 
dwelling, apartment or other living accommodation intended for use by a worker employed 
in the surrounding area for which the cost of occupancy is no more than 30% of an occupant 
worker's household income.
14-H.  Working waterfront.  "Working waterfront" means an area of land that serves, 
or has the potential to serve, as a resource-based economic center of activity for commercial 
industries dependent on access to deep water and tidal areas, whether adjacent to a 
downtown or located within a rural area.  A working waterfront may be only one parcel 
deep and directly abut the water. A working waterfront may include residential uses that 
support local industry.
15-A.  Zoning ordinance.  "Zoning ordinance" means a type of land use ordinance 
that divides a municipality into districts and that prescribes and reasonably applies different 
regulations in each district.
Sec. 2.  30-A MRSA §4312, as amended by PL 2021, c. 657, §§1 to 4, is further 
amended to read:
§4312.  Statement of findings, purpose and goals
2.  Legislative purpose.  The Legislature declares that it is the purpose of this Act to:
A.  Establish, in each municipality of the State, local comprehensive planning and land 
use management;
B.  Encourage municipalities to identify the tools and resources to effectively plan for 
and manage future development within their jurisdictions with a maximum of local 
initiative and flexibility;
C.  Encourage local land use ordinances, tools and policies based on local 
comprehensive plans;
D.  Incorporate regional considerations into local planning and decision making so as 
to ensure consideration of regional needs and the regional impact of development;
F.  Provide for continued direct state regulation of development proposals that occur in 
areas of statewide concern, that directly impact natural resources of statewide 
significance or that by their scale or nature otherwise affect vital state interests;
G.  Encourage the widest possible involvement by the citizens of each municipality in 
all aspects of the planning and implementation process, in order to ensure that the plans 
developed by municipalities have had the benefit of citizen input; and
I.  Encourage the development and implementation of multimunicipal growth 
management programs.
J.  Encourage cooperation between state agencies and regional planning organizations 
or councils of government to develop growth management programs, which may 
address residential and commercial development as well as transit, habitat protection, 
water quality and related features.
3.  State goals.  The Legislature hereby establishes a set of state goals to provide overall 
direction and consistency to the planning and regulatory actions of all state and municipal 
agencies affecting natural resource management, land use and development.  The 
Legislature declares that, in order to promote and protect the health, safety and welfare of 
the citizens of the State, it is in the best interests of the State to achieve the following goals:
A.  To encourage orderly growth and development in appropriate areas of each 
community and region while protecting the State's rural character, making efficient use 
of public services and preventing development sprawl;
A-1.  To direct new development to growth areas to make efficient use of public 
services and existing infrastructure investments and to protect the State's rural 
character, natural resources and natural resource-based industries, while preventing 
development sprawl and resulting traffic;
B.  To plan for, finance and develop an efficient system of public facilities, public 
transportation and public services to accommodate anticipated growth and economic 
development, including planning for the cost of needed development patterns, and to 
ensure that proposed new development demonstrates sufficient revenue reserve to 
cover the cost of ongoing infrastructure maintenance and replacement costs;
C.  To promote an economic climate which that increases job opportunities and overall 
economic well-being;
D.  To promote and work to ensure choice, economic diversity and affordability in 
housing for low-income and moderate-income households and use housing policy to 
help address disparities in access to educational, occupational and other opportunities;
D-1.  To ensure that the municipality's land use policies and ordinances encourage the 
siting and construction of workforce housing and affordable housing near jobs and 
services;
E.  To protect the quality and manage the quantity of the State's water resources, 
including lakes, aquifers, great ponds, estuaries, rivers and coastal areas, including by 
protecting, maintaining and improving the water quality of each water body pursuant 
to Title 38, chapter 3, subchapter 1, article 4‑A and protecting water quality from 
increases in phosphorus from development in great pond watersheds and increases in 
nitrogen in coastal waters;
F.  To protect the State's other critical natural resources, including without limitation, 
wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas and 
unique natural areas;
G.  To protect the State's marine resources industry, ports and harbors from 
incompatible development and to promote access to the shore for commercial 
fishermen and the public;
H.  To safeguard the State's agricultural and forest resources from development which 
threatens those resources;
I.  To preserve the State's historic and archeological resources;
J.  To promote and protect the availability of outdoor recreation opportunities for all 
Maine citizens, including access to surface waters;
L.  To encourage municipalities to develop policies that accommodate older adults 
residents with aging in place and that encourage, including the creation of age-friendly 
communities, appropriate housing for older residents, improvement in transportation 
access and expanded elder services; and
N.  To plan for the effects of the rise in sea level on buildings, transportation 
infrastructure, sewage treatment facilities and other relevant state, regional, municipal 
or privately held infrastructure, property or resources.
3-A.  Growth areas.  As part of a comprehensive planning process, a community may 
identify locations for establishing new growth areas, excluding high-impact corridors. 
Growth areas are identified locally as areas for either limited growth or intended growth. 
Both limited and intended growth areas may be considered as high value to the municipality 
in a financial, economic or social context and are intended for ongoing investment in 
infrastructure, buildings, housing, businesses and civic spaces and buildings. Limited 
growth areas may be the focus of ongoing investment, but not the subject of new 
transformative development.
New growth areas must have adopted local neighborhood standards that enable a 
development pattern that is consistent with the intent and definition of the placetype of the 
growth area.
4.  Limitation on state rule-making authority.  The department is authorized to adopt 
only rules necessary to carry out the purposes of duties of the department under this 
subchapter.  Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2‑A.  This section may not be construed to grant any 
separate regulatory authority to any state agency beyond that necessary to implement this 
subchapter.
Sec. 3.  30-A MRSA §4314, sub-§3, as amended by PL 2011, c. 655, Pt. JJ, §16 
and affected by §41, is further amended to read:
3.  Rate of growth, zoning and impact fee ordinances.  After January 1, 2003, any 
portion of a A municipality's or multimunicipal region's rate of growth, zoning or impact 
fee ordinance must be consistent with a comprehensive plan adopted in accordance with 
the procedures, goals and guidelines established in this subchapter.  The department shall 
review a proposed development project that is located within a municipality in which a 
portion of a rate of growth, zoning or impact fee ordinance relates to an inconsistency 
identified by a court or during a comprehensive plan review by the department in 
accordance with section 4347-A, subsection 3-A.  The portion of a rate of growth, zoning 
or impact fee ordinance not directly related to an inconsistency identified by a court or 
during a comprehensive plan review by the department in accordance with section 4347‑A, 
subsection 3‑A remains in effect.  For purposes of this subsection, "zoning ordinance" does 
not include an ordinance that applies townwide that is a cluster development ordinance or 
a design ordinance prescribing the color, shape, height, landscaping, amount of open space 
or other comparable physical characteristics of development.  The portion of a rate of 
growth, zoning or impact fee ordinance that is not consistent with a comprehensive plan is 
no longer in effect unless:
C.  The ordinance or portion of the ordinance is exempted under subsection 2;
D.  The municipality or multimunicipal region is under contract with the department to 
prepare a comprehensive plan or implementation program, in which case the ordinance 
or portion of the ordinance remains valid for up to 4 years after receipt of the first 
installment of its first planning assistance grant or for up to 2 years after receipt of the 
first installment of its first implementation assistance grant, whichever is earlier;
E.  The ordinance or portion of the ordinance conflicts with a newly adopted 
comprehensive plan or plan amendment adopted in accordance with the procedures, 
goals and guidelines established in this subchapter, in which case the ordinance or 
portion of the ordinance remains in effect for a period of up to 24 months immediately 
following adoption of the comprehensive plan or plan amendment;
F.  The municipality or multimunicipal region applied for and was denied financial 
assistance for its first planning assistance or implementation assistance grant under this 
subchapter due to lack of state funds on or before January 1, 2003.  If the department 
subsequently offers the municipality or multimunicipal region its first planning 
assistance or implementation assistance grant, the municipality or multimunicipal 
region has up to one year to contract with the department to prepare a comprehensive 
plan or implementation program, in which case the municipality's or multimunicipal 
region's ordinances will be subject to paragraph D; or
G.  The ordinance or portion of an ordinance is an adult entertainment establishment 
ordinance, as defined in section 4352, subsection 2, that has been adopted by a 
municipality that has not adopted a comprehensive plan.
Sec. 4.  30-A MRSA §4324, as amended by PL 2003, c. 641, §§7 and 8, is further 
amended to read:
§4324.  Responsibility for growth management
This section governs a municipality's or multimunicipal region's responsibility for the 
preparation or amendment of its growth management program.  When procedures for the 
adoption of comprehensive plans and ordinances are governed by other provisions of this 
Title or municipal charter or ordinance, the municipality or multimunicipal region may 
modify the procedural requirements of this section as long as a broad range of opportunity 
for public comment and review is preserved.
1.  Growth management program.  Each municipality or multimunicipal region may 
prepare a growth management program in accordance with this section or may amend its 
existing comprehensive plan and existing land use ordinances to comply with the 
procedures, goals and guidelines established in this subchapter.
2.  Planning committee.  If a municipality or multimunicipal region chooses to prepare 
a growth management program, the municipal officers of a municipality or combination of 
municipalities shall designate and establish a planning committee, which may include one 
or more municipal officials.
A.  The municipal officers may designate any existing planning board or district 
established under subchapter 4, or a former similar provision, as the planning 
committee.  Planning boards established under former Title 30, section 4952, 
subsection 1 continue to be governed by those provisions until they are superseded by 
municipal charter or ordinance.
B.  The planning committee may develop and maintain a comprehensive plan and may 
develop any portion of an implementation program to which it is assigned in an adopted 
comprehensive plan or otherwise directed by the municipal officers or municipal 
legislative body or bodies.  In performing these duties, the planning committee shall:
(1)  Hold public hearings and use other methods to solicit and strongly encourage 
citizen input; and
(2)  Prepare the comprehensive plan or any portion of the implementation program 
to which it is assigned in an adopted comprehensive plan and make 
recommendations to the municipal legislative body regarding the adoption and 
implementation of the program or amended program.
B-1.  The planning committee may develop a comprehensive plan with public input 
and may implement any portion of the plan to which it is assigned or otherwise directed 
by the municipal officers or municipal legislative body or bodies.  In performing these 
duties, the planning committee shall:
(1)  Bring together as many people from the community from as many different 
backgrounds as possible through a series of public events and activities, including 
workshops, work sessions, focused roundtable meetings and charrettes;
(2)  Advertise the events and activities required by subparagraph (1) by distributing 
a schedule through a combination of print and digital platforms well in advance of 
the events and activities;
(3)  Analyze the public input and use the input to prepare a draft of the 
comprehensive plan;
(4)  Make the draft comprehensive plan available to the public and solicit feedback 
from the public on the draft comprehensive plan;
(5)  Incorporate feedback from the public on the draft comprehensive plan and 
make available to the public subsequent drafts as needed; and
(6)  Make final recommendations to the municipal officers or municipal legislative 
body or bodies regarding the adoption and implementation of the draft 
comprehensive plan and provide assistance on the implementation of the plan.
3.  Citizen participation.  In order to encourage citizen participation in the 
development of a growth management program, municipalities or multimunicipal regions 
may adopt growth management programs only after soliciting and considering a broad 
range of public review and comment.  The intent of this subsection is to provide for the 
broad dissemination of proposals and alternatives, opportunity for written comments, open 
discussions, information dissemination and consideration of and response to public 
comments.:
A.  Assembling and providing data, including the Department of Inland Fisheries and 
Wildlife's habitat conservation mapping program maps and other maps and 
infographics, to the public in an easy-to-understand format at the beginning of the 
process to help inform planning work;
B.  Soliciting and considering a broad range of public input by holding an initial public 
workshop to gather ideas and priorities from the community;
C.  Conducting a hands-on workshop with the public using analysis maps to understand 
where residents want to protect critical natural resources and rural areas, how and 
where the community wants to focus development and other issues and priorities 
related to physical planning;
D.  Preparing illustrative master plans for any designated growth areas where 
significant change is imagined by the community, with multiple alternatives and 
iterations generated and evaluated in response to public input and feedback, including 
at least 2 rounds of review and revision, so that the final plans balance numerous state 
and local goals; and
E.  Providing multiple opportunities for the public to review and comment on draft 
plans, proposals and priority actions, with opportunity for written and verbal feedback 
from the public and consideration of and response to public comments.
3-A.  State participation.  A municipality shall notify the State and the local regional 
planning organization when the municipality begins a comprehensive planning process. 
The State and the regional planning organization shall work with the municipality to 
provide mapping for initial public workshops, including the Department of Inland Fisheries 
and Wildlife's habitat conservation mapping program maps and supporting resources.  The 
State may provide additional data and mapping.
4.  Meetings to be public.  The planning committee shall conduct all of its meetings 
and work sessions in open, public session.  Prior public notice must be given for all 
meetings of the planning committee pursuant to Title 1, section 406.  When possible, the 
planning committee shall use meeting technology to allow participation from those who 
are unable to attend in person.  The planning committee shall record the meetings and make 
the recordings available to the public.
8.  Public hearing required.  The planning committee shall hold at least one public 
hearing on its proposed the draft comprehensive plan prior to adoption under subsection 9.  
The planning committee shall hold a public hearing to present the draft comprehensive plan 
with an interactive portion of the hearing that provides an opportunity for the public to ask 
questions and provide feedback on the draft comprehensive plan. Following the 
presentation of the draft comprehensive plan, the planning committee shall take public 
comment for at least 14 days. After the comment period is closed, the planning committee 
shall make plan revisions and issue the next draft, which is the public hearing draft. The 
governing body of the municipality shall hold a joint public hearing with the planning 
committee.
A.  Notice of a public hearing must be posted in each municipality at least 30 days 
before the hearing, except that, if a follow-up hearing is held pursuant to comments 
made at a public hearing, the follow-up hearing may be conducted if public notice is 
given pursuant to Title 1, section 406.
B.  A copy of the proposed comprehensive plan must be made available for public 
inspection at each municipal office or other convenient location with regular public 
hours at least 30 days before the hearing and made available on the municipality's 
publicly accessible website.  If modification of the plan is proposed pursuant to 
comments made at a public hearing, and if a follow-up public hearing is to be held, the 
proposed changes must be made available for public inspection at each municipal 
office or other convenient location with regular public hours before any follow-up 
hearing.
9.  Adoption.  A comprehensive plan or land use ordinance is considered adopted as 
part of a growth management program when it has been adopted by the municipality's 
legislative body.  A multimunicipal comprehensive plan or land use ordinance must be 
adopted by the municipal legislative body of each participating municipality unless another 
form of legislative authority has been established for this purpose within the municipality 
or multimunicipal region.
10.  Amendments to an adopted plan.  When amending an adopted comprehensive 
plan, a municipality or multimunicipal region shall follow the same procedures for citizen 
participation, public notice and public hearing that are required for adoption of a 
comprehensive plan.
11.  Intent.  The municipality or region shall ensure that the language and requirements 
in charters, policies, codes, regulations, bylaws and fees are consistent and meet the overall 
intent of the comprehensive plan.
Sec. 5.  30-A MRSA §4325, sub-§2, as amended by PL 2001, c. 578, §14, is further 
amended to read:
2.  Multimunicipal region Region.  Any combination of municipalities may conduct 
joint planning and regulatory programs to meet the requirements of this subchapter upon 
adoption of a written comprehensive planning and enforcement agreement by the municipal 
legislative bodies involved.  The municipalities must agree:
A.  On procedures for joint action in the preparation and adoption of comprehensive 
plans, land use regulations and other implementation measures to be conducted on a 
multimunicipal regional basis;
B.  On the manner of representation on any such joint land use body; and
C.  On the amount and source of contribution from each municipality for any costs 
incurred in the development, implementation and enforcement of the comprehensive 
plan and its implementation program and on the method of distributing the benefits or 
impacts of regional land use, economic development, housing, transportation, 
infrastructure and other shared plans and programs.
Sec. 6.  30-A MRSA §4326, sub-§1, as amended by PL 2021, c. 590, Pt. A, §§6 to 
and c. 657, §5, is further amended to read:
1.  Inventory and Data analysis.  A comprehensive plan must include an inventory 
and analysis section addressing data analysis with information about local, regional and 
state goals under this subchapter and issues of regional or local significance that the 
municipality or multimunicipal region considers important.  The inventory analysis must 
be based on information provided by the State, regional planning councils and other 
relevant local or digital sources.  The analysis must include 10-year projections of local 
and regional growth in population and maps and infographics regarding where to direct 
residential, commercial and industrial activity development; the projected need for public 
facilities; and the vulnerability of and potential impacts on critical natural resources and 
rural areas.
The inventory and data analysis section must may include, but is not limited to:
A.  Economic and demographic data describing the municipality or multimunicipal 
region and the region in which it is located;
B.  Significant water resources such as lakes, aquifers, estuaries, rivers and coastal 
areas and, when applicable, their vulnerability to degradation and barriers to aquatic 
organism passage;
C.  Significant or critical natural resources, such as wetlands, wildlife and fisheries 
habitats, including undeveloped habitat blocks and connectivity between blocks, 
significant plant habitats, coastal islands, sand dunes, scenic areas, shorelands, heritage 
coastal areas as defined under Title 5, section 3316, and unique natural areas;
D.  Marine-related resources and facilities such as ports, harbors, commercial 
moorings, commercial docking facilities and related parking, and shell fishing and 
worming areas;
E.  Commercial forestry and agricultural land including analysis of land use regulations 
in these areas to determine whether these areas are at risk of a change in use;
F.  Existing recreation, park and open space areas and significant points of public 
access to shorelands within a municipality or multimunicipal region;
G.  Existing transportation systems, including the capacity safety of existing and 
proposed major thoroughfares, secondary routes, pedestrian ways and parking facilities 
and local streets, including the impact of development patterns on roadway capacity 
and any nonvehicle transportation options;
H.  Residential housing stock, including affordable housing, workforce housing and 
market rate housing for low-income and moderate-income households, categorized by 
building type, age and condition, an analysis of how policy and regulation affect 
housing availability, an assessment of community needs and environmental effects of 
municipal regulations the effects of municipal regulations on the environment, food 
security and economic resiliency, an examination of the effect of excessive parking 
requirements that limit the reuse of upper floors of buildings in downtowns and on 
main streets, village centers, rural crossroads and high-impact corridors and an 
identification of opportunities for accessory dwelling units;
H-1.  Housing Data on availability of housing that meets the needs of older residents, 
including housing that is rehabilitated, adapted or newly constructed to help older 
adults residents age in place;
I.  Historical and archeological resources including, at the discretion of the municipality 
or multimunicipal region, stone walls, stone impoundments and timber bridges of 
historical significance;
J.  Land use information describing current and projected development patterns, 
including where building permits are issued and whether new development is 
responsive to community goals;
K.  An assessment of capital facilities and public services necessary to support growth 
and development and to protect the environment and health, safety and welfare of the 
public and the costs of those facilities and services; and
L.  For a municipality or multimunicipal region that has adopted a local climate action 
plan, a climate vulnerability assessment specific to the municipality or multimunicipal 
region prepared by the municipality or multimunicipal region.;
M.  Information related to the socioeconomic makeup of the community, and the 
availability of community networks, programs and support systems to respond to the 
needs of local residents, including opportunities for multigenerational living, 
affordable housing, safer streets for walking and biking, wellness support and ideas for 
improving quality of life; and
N.  Data related to the total length of roads, including the life cycle costs of existing 
infrastructure projected out 30 years and the taxable value required to pay for additional 
public services and ongoing maintenance and replacement costs.
Sec. 7.  30-A MRSA §4326, sub-§2, as amended by PL 2001, c. 578, §15, is 
repealed.
Sec. 8.  30-A MRSA §4326, sub-§2-A is enacted to read:
2-A.  Policy development.  A comprehensive plan must include plans, policies and 
action strategies to clearly illustrate and describe the community's desired outcomes for 
critical natural areas deserving of maximum protection from development;  rural areas 
where development should be limited to ensure the long-term health of environmental 
systems and support the rural economy, including fishing, farming and forestry; and 
designated growth areas that support community life and a pattern of development that is 
financially sustainable. The comprehensive plan must:
A.  Identify and map conserved lands and critical natural resources that are subject to 
state and federal regulations intended to preserve natural resources and related 
economic activities that may include, but are not limited to, significant farmland, forest 
land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public 
water supplies; scarce or especially vulnerable natural resources; and open lands 
functionally necessary to support a vibrant rural economy;
B.  Identify and map rural areas deserving of protection from unrestricted development;
C.  Identify and map designated growth areas where development already exists, where 
new development should go and what the pattern of development should be. The 
following designations and plans are required to be included in the comprehensive 
plan:
(1)  Mapping for each of the existing placetypes within a community that meet the 
definitions contained in this chapter;
(2)  Mapping for each desired new placetype. For rural communities or bedroom 
communities that do not have existing placetypes, identification of new placetypes; 
and
(3)  For existing placetypes for which significant new development is desired or 
for a new proposed placetype, illustrative master plans.  These illustrative plans 
must provide detailed visual and written instructions sufficient to serve as clear 
guidance for updates to land use regulations. The master plans must illustrate 
expectations and desires for street design, building types, civic spaces and other 
built and natural elements important to the community;
D.  Include decisions about how and where to conserve and develop land, determined 
by data and analysis maps to help inform the community in the decision-making 
process.  Data and analysis maps must include information pertaining to water, natural 
and marine resources; working farms and forest land; recreation, park and open spaces; 
transportation systems; housing availability, affordability and choice; historic and 
archaeological resources; capital facilities, municipal services and municipal return on 
investment from different patterns of development; and climate and sea level rise. The 
following maps are required to be included in the comprehensive plan:
(1)  An environmental systems map based on the Department of Inland Fisheries 
and Wildlife's habitat conservation mapping program maps that identify critical 
natural resources;
(2)  An open space and trails map showing conserved lands and important natural 
resources, including trail networks and recreation areas;
(3)  A connectivity map showing existing conserved lands and trails, as well as 
priority lands for future recreation and conservation and existing placetypes;
(4)  A map of existing neighborhood centers, village centers and other placetypes, 
showing the street network, walking and biking routes and community assets; and
(5)  A conservation, rural and growth map showing existing conserved lands, rural 
areas and growth areas;
E.  Promote the state goals under this subchapter;
F.  Address any conflicts between state goals under this subchapter;
G.  Address any conflicts between regional and local issues;
H.  Address the State's coastal policies if any part of the municipality or region is a 
coastal area; and
I.  Ensure that the language and requirements in charters, policies, codes, regulations, 
bylaws and fees are consistent and meet the overall intent of the comprehensive plan.
Sec. 9.  30-A MRSA §4326, sub-§3, as amended by PL 2007, c. 247, §2, is further 
amended to read:
3.  Implementation strategy.  A comprehensive plan must include an implementation 
a strategy section that contains a timetable for the implementation program, including land 
use ordinances, ensuring that the goals established under this subchapter are met 
implementing the plans, policies and strategies described in subsection 2-A, including 
updates to land use ordinances.  These implementation strategies must be consistent with 
state law and must actively promote policies developed during the planning process.  The 
timetable must identify significant ordinances to be included in the implementation 
program.  The strategies and timetable must guide the subsequent adoption of policies, 
programs and land use ordinances and periodic review of the comprehensive plan.
Sec. 10.  30-A MRSA §4326, sub-§3-A, as corrected by RR 2021, c. 2, Pt. A, §109, 
is repealed.
Sec. 11.  30-A MRSA §4326, sub-§3-B is enacted to read:
3-B.  Guidelines for implementation strategies.  In developing its implementation 
strategies and subsequent policies, programs and land use ordinances, each municipality or 
region shall employ the following guidelines consistent with the goals of this subchapter:
A.  Except as otherwise provided in this paragraph, adoption of land use policies and 
action strategies that support the comprehensive plan’s identified conservation areas 
and rural and growth areas, as defined in this chapter.
(1)  Within growth areas, each municipality or region shall:
(a)  Establish development standards that promote the kind of development 
described in the municipality's comprehensive plan, including:
(i)  Reduce minimum lot area, lot widths, minimum unit sizes and lot area 
per unit requirements in designated growth areas in order to enable the 
objectives of the comprehensive plan;
(ii)  Align front and side setbacks with the characteristics found in each 
designated growth area. Shallower setbacks must be permitted in areas 
where a new pattern of development is desired by the community;
(iii)  Allow for a range of multi-unit building types within designated 
growth areas, including but not limited to duplexes, small apartment 
houses, small apartment buildings, mixed-use buildings with residential 
units above commercial units and other building types;
(iv)  Designate use of municipally owned land for affordable housing;
(v)  Reduce or eliminate on-site parking requirements for buildings in 
downtowns, adjacent neighborhoods, village centers and high-impact 
corridors;
(vi)  Eliminate on-site open space requirements within designated growth 
areas and replace with civic spaces standards to encourage the 
development of meaningful public gathering spaces in order to enable the 
objectives of the comprehensive plan;
(vii)  Provide clear and simple rules for the allowance of accessory 
dwelling units;
(viii)  Consider adopting form-based development standards or 
preapproved building types; 
(ix)  Establish timely permitting procedures, including strategies to move 
more projects to administrative review; and
(x)  Consider the effects of the standards on the environment, food security 
and economic resiliency.
Where new growth areas are identified, neighborhood standards must be 
adopted to guide development in a way that implements the community's 
vision and produces a built form as illustrated in the master plan, including 
block dimensions, street standards, public space standards, frontage standards, 
parking location standards and other standards that meet the definition of 
neighborhood standards provided in this subchapter;
(b)  Support development, including affordable housing development, by 
establishing programs and funding such as tax increment financing programs, 
low-interest revolving loan funds, life safety grants, facade grants, reduced 
impact fees in growth areas and establishing a local or regional land bank or a 
community land trust; 
(c)  Create a financial plan for the maintenance and replacement of existing 
public infrastructure and services over a 30-year life cycle;
(d)  Develop a capital investment plan for financing the replacement and 
expansion of public facilities and services required to meet projected growth 
and development; and
(e)  Prevent inappropriate development in natural hazard areas, including flood 
plains and areas of high erosion.
(2)  Within rural areas, each municipality or region shall adopt land use policies 
and ordinances to discourage incompatible development.  These policies and 
ordinances may include, without limitation:
(a)  Establishing a source of local funds for acquisition of land or conservation 
easements, including annual municipal funding of local conservation 
organizations that can secure conservation grants, or through private 
fundraising;
(b)  Increasing minimum lot area to 10 acres or more and increasing lot widths 
to 250 feet or more;
(c)  Assessing impact fees on subdivisions located outside of designated 
growth areas;
(d)  Adopting a rate of growth ordinance or a cap on building permits for 
residential and commercial development located outside of designated growth 
areas;
(e)  Allowing rural farmsteads on lots that are 5 acres or more with a lot width 
of at least 250 feet;
(f)  Establishing a transfer of development rights program pursuant to section 
4328 and performance standards;
(g)  A policy that the municipality will not assume public ownership or 
maintenance responsibilities of private roads located in rural areas; and
(h)  Consideration of the effects of the policies and ordinances on the 
environment, food security and economic resiliency; and
B.  Ensuring that the language and requirements in charters, policies, codes, 
regulations, bylaws and fees are consistent and meet the overall intent of the 
comprehensive plan.
Sec. 12.  30-A MRSA §4326, sub-§4, as amended by PL 2001, c. 578, §15, is 
further amended to read:
4.  Regional coordination program.  A regional coordination program must be 
developed with other municipalities or multimunicipal regions to manage shared resources 
and facilities, such as rivers, aquifers, transportation facilities and others.  This program 
must provide for consistency with the comprehensive plans of other municipalities or 
multimunicipal regions for these resources and facilities.
Sec. 13.  30-A MRSA §4326, sub-§4-A, as enacted by PL 2019, c. 153, §5, is 
amended to read:
4-A.  Addressing sea level rise.  A municipality or multimunicipal region that is in the 
coastal area may include in its comprehensive plan projections regarding changes in sea 
level and potential effects of the rise in sea level on buildings, transportation infrastructure, 
sewage treatment facilities and other relevant municipal, multimunicipal or privately held 
infrastructure or property and may develop a coordinated plan for addressing the effects of 
the rise in sea level. For the purposes of this subsection, "coastal area" has the same 
meaning as in Title 38, section 1802, subsection 1.
Sec. 14.  30-A MRSA §4326, sub-§4-B, as enacted by PL 2021, c. 590, Pt. A, §9, 
is amended to read:
4-B.  Addressing climate risks and building resilience to natural hazards.  A 
municipality or multimunicipal region may include in its comprehensive plan projections 
regarding risks posed by climate change as identified in its climate vulnerability assessment 
prepared pursuant to subsection 1, paragraph L and the potential effects of those risks on 
buildings, transportation infrastructure, sewage treatment facilities and other relevant 
municipal, multimunicipal or privately held infrastructure, property or protected natural 
resources and may develop a coordinated plan for addressing those risks and for building 
resilience to natural hazards.
As used in this subsection, "protected natural resource" has the same meaning as in Title 
38, section 480‑B, subsection 8.
Sec. 15.  30-A MRSA §4326, sub-§5, as amended by PL 2001, c. 578, §15, is 
further amended to read:
5.  Implementation program.  An implementation program must be adopted that is 
consistent with the strategies in subsection 3‑A 3-B.
Sec. 16.  30-A MRSA §4345, as amended by PL 2011, c. 655, Pt. JJ, §19 and 
affected by §41, is further amended to read:
§4345.  Purpose; department to administer program
Under the provisions of this article, a municipality or multimunicipal region may 
request financial or technical assistance from the department for the purpose of planning 
and implementing a growth management program.  A municipality or multimunicipal 
region that requests and receives a financial assistance grant shall develop and implement 
its growth management program in cooperation with the department and in a manner 
consistent with the procedures, goals and guidelines established in this subchapter.
To accomplish the purposes of this article, the department shall develop and administer 
a technical and financial assistance program for municipalities or multimunicipal regions.  
The program must include direct financial assistance for planning and implementation of 
growth management programs, standards governing the review of growth management 
programs by the department, technical assistance to municipalities or multimunicipal 
regions and a voluntary certification program for growth management programs.
Sec. 17.  30-A MRSA §4346, as amended by PL 2021, c. 590, Pt. A, §10, is further 
amended to read:
§4346.  Technical and financial assistance program
The technical and financial assistance program for municipalities, regional councils 
and multimunicipal regions is established to encourage and facilitate the adoption and 
implementation of local, regional and statewide growth management programs.
The department may enter into financial assistance grants only to the extent that funds 
are available.  In making grants, the department shall consider the need for planning in a 
municipality or multimunicipal region, the proximity of the municipality or multimunicipal 
region to other areas that are conducting or have completed the planning process and the 
economic and geographic role of the municipality or multimunicipal region within a 
regional context.  The department shall give priority in making grants to any municipality 
or multimunicipal region that has adopted a local climate action plan and, if the 
municipality or multimunicipal region has adopted a comprehensive plan or growth 
management program, prepared a climate vulnerability assessment pursuant to section 
4326, subsection 1, paragraph L.  The department may consider other criteria in making 
grants, as long as the criteria support the goal of encouraging and facilitating the adoption 
and implementation of local and multimunicipal regional growth management programs 
consistent with the procedures, goals and guidelines established in this subchapter.  In order 
to maximize the availability of the technical and financial assistance program to all 
municipalities, multimunicipal regions and regional councils, financial assistance programs 
administered competitively under this article are exempt from rules adopted by the 
Department of Administrative and Financial Services pursuant to Title 5, section 1825‑C 
for use in the purchase of services and the awarding of grants and contracts.  The 
department shall publish a program statement describing its grant program and advertising 
its availability to eligible applicants.
2-A.  Financial assistance grants.  A contract for a financial assistance grant must:
A.  Provide for the payment of a specific amount for the purposes of planning and 
preparing a comprehensive plan;
B.  Provide for the payment of a specific amount for the purposes of implementing that 
plan; and
C.  Include specific timetables governing the preparation and submission of products 
by the municipality or multimunicipal region.
The department may not require a municipality or multimunicipal region to provide 
matching funds in excess of 25% of the value of that municipality's or multimunicipal 
region's financial assistance contract for its first planning assistance grant and 
implementation assistance grant.  The department may require a higher match for other 
grants, including, but not limited to, grants for the purpose of updating comprehensive 
plans.  This match limitation does not apply to distribution of federal funds that the 
department may administer.
2-B.  Use of funds.  A municipality or multimunicipal region may expend financial 
assistance grants for:
A.  The conduct of surveys, inventories and other data-gathering activities;
B.  The hiring of planning and other technical staff;
C.  The retention of planning consultants;
D.  Contracts with regional councils for planning and related services;
E.  Assistance in the development of ordinances;
F.  Retention of technical and legal expertise;
G.  The updating of growth management programs or components of a program;
G-1.  Evaluation of growth management programs; and
H.  Any other purpose agreed to by the department and the municipality or 
multimunicipal region that is directly related to the preparation of a comprehensive 
plan or the implementation of a comprehensive plan adopted in accordance with the 
procedures, goals and guidelines established in this subchapter.
2-C.  Program evaluation.  Any recipient of a financial assistance grant shall 
cooperate with the department in performing program evaluations required under section 
4331.
2-D.  Encumbered balances at year-end.  Notwithstanding Title 5, section 1589, at 
the end of each fiscal year, all encumbered balances accounts for financial assistance and 
regional planning grants may be carried forward for 2 years beyond the year in which those 
balances are encumbered.
3.  Technical assistance.  Using its own staff, the staff of other state agencies, 
contractors and the resources of the regional councils, the department shall provide 
technical assistance to municipalities or multimunicipal regions in the development, 
administration and enforcement of growth management programs.  The technical assistance 
component of the program must include a set of model land use ordinances or other 
implementation strategies developed by the department that are consistent with this 
subchapter.
4.  Regional council assistance.  As part of the technical and financial assistance 
program, the department may develop and administer a program to develop regional 
education and training programs, regional policies to address state goals and regional 
assessments.  Regional assessments may include, but are not limited to, public 
infrastructure, inventories of agricultural and commercial forest lands, housing needs, 
recreation and open space needs, and projections of regional growth and economic 
development.  The program may include guidelines to ensure methodological consistency 
among the State's regional councils.  To implement this program, the department may 
contract with regional councils to assist the department in reviewing growth management 
programs, to develop necessary planning information at a regional level or to provide 
support for local planning efforts.
5.  Coordination.  State agencies with regulatory or other authority affecting the goals 
established in this subchapter shall conduct their respective activities in a manner consistent 
with the goals established under this subchapter, including, but not limited to, coordinating 
with municipalities, regional councils and other state agencies in meeting the state goals; 
providing available information to regions and municipalities as described in section 4326, 
subsection 1; cooperating with efforts to integrate and provide access to geographic 
information system data; making state investments and awarding grant money as described 
in section 4349‑A; and conducting reviews of growth management programs as provided 
in section 4347‑A, subsection 3, paragraph A.  Without limiting the application of this 
section to other state agencies, the following agencies shall comply with this subchapter:
B.  Department of Economic and Community Development;
C.  Department of Environmental Protection;
D.  Department of Agriculture, Conservation and Forestry;
E.  Department of Inland Fisheries and Wildlife;
F.  Department of Marine Resources;
G.  Department of Transportation;
G-1.  Department of Health and Human Services;
H.  Finance Authority of Maine; and
I.  Maine State Housing Authority.
Sec. 18.  30-A MRSA §4347-A, as amended by PL 2011, c. 655, Pt. JJ, §21 and 
affected by §41, is further amended to read:
§4347-A.  Review of programs by department
1.  Comprehensive plans.  A municipality or multimunicipal region that chooses to 
prepare a growth management program and receives a planning grant under this article 
shall submit its comprehensive plan to the department for review.  A municipality or 
multimunicipal region that chooses to prepare a growth management program without 
receiving a planning grant under this article may submit its comprehensive plan to the 
department for review.  The department shall review plans for consistency with the 
procedures, goals and guidelines established in this subchapter.  A contract for a planning 
assistance grant must include specific timetables governing the review of the 
comprehensive plan by the department.  A comprehensive plan submitted for review more 
than 12 months following a contract end date may be required to contain data, projections 
and other time-sensitive portions of the plan or program that are in compliance with the 
department's most current review standards.
2.  Growth management programs.  A municipality or multimunicipal region may at 
any time request a certificate of consistency for its growth management program.
A.  Upon a request for review under this section, the department shall review the 
program and determine whether the program is consistent with the procedures, goals 
and guidelines established in this subchapter.
B.  Certification by the former State Planning Office or the department of a 
municipality's or multimunicipal region's growth management program under this 
article is valid for 10 years.  To maintain certification, a municipality or multimunicipal 
region shall periodically review its growth management program and submit to the 
department in a timely manner any revisions necessary to account for changes, 
including changes caused by growth and development. Certification does not lapse in 
any year in which the Legislature does not appropriate funds to the department for the 
purposes of reviewing programs for recertification.
C.  Upon a request for review under this section, the department may review rate of 
growth, impact fee and zoning ordinances to determine whether the ordinances are 
consistent with a comprehensive plan that has been found consistent under this section 
without requiring submission of all elements of a growth management program.  An 
affirmative finding of consistency by the department is required for a municipality or 
multimunicipal region to assert jurisdiction as provided in section 4349‑A.
3.  Review of growth management program.  In reviewing a growth management 
program, the department shall:
A.  Solicit written comments on any proposed growth management program from 
regional councils, state agencies, all municipalities contiguous to the municipality or 
multimunicipal region submitting a growth management program and any interested 
residents of the municipality or multimunicipal region or of contiguous municipalities.  
The comment period extends for 45 days after the department receives the growth 
management program.
(1)  Each state agency reviewing the proposal shall designate a person or persons 
responsible for coordinating the agency's review of the growth management 
program.
(2)  Any regional council commenting on a growth management program shall 
determine whether the program is compatible with the programs of other 
municipalities that may be affected by the program and with regional policies or 
needs identified by the regional council;
B.  Prepare all written comments from all sources in a form to be forwarded to the 
municipality or multimunicipal region;
C.  Within 90 days after receiving the growth management program, send all written 
comments on the growth management program to the municipality or multimunicipal 
region and any applicable regional council.  If warranted, the department shall issue 
findings specifically describing how the submitted growth management program is not 
consistent with the procedures, goals and guidelines established in this subchapter and 
the recommended measures for remedying the deficiencies.
(1)  In its findings, the department shall clearly indicate its position on any point 
on which there are significant conflicts among the written comments submitted to 
the department.
(2)  If the department finds that the growth management program was adopted in 
accordance with the procedures, goals and guidelines established in this 
subchapter, the department shall issue a certificate of consistency for the growth 
management program.
(3)  Notwithstanding paragraph D, if a municipality or multimunicipal region 
requests a certificate of consistency for its growth management program, any 
unmodified component of that program that has previously been reviewed by the 
former State Planning Office or the department and has received a finding of 
consistency will retain that finding during program certification review by the 
department as long as the finding of consistency is current as defined in rules 
adopted by the department;
D.  Provide ample opportunity for the municipality or multimunicipal region 
submitting a growth management program to respond to and correct any identified 
deficiencies in the program.  A finding of inconsistency for a growth management 
program may be addressed within 24 months of the date of the finding without 
addressing any new review standards that are created during that time interval. After 
months, the program must be resubmitted in its entirety for state review under the 
department's most current review standards; and
E.  Provide an expedited review and certification procedure for those submissions that 
represent minor amendments to certified growth management programs.
The department's decision on consistency of a growth management program constitutes 
final agency action.
3-A.  Review of comprehensive plan.  In reviewing a comprehensive plan, the 
department shall:
A.  Solicit written comments on any proposed comprehensive plan from regional 
councils, state agencies, all municipalities contiguous to the municipality or 
multimunicipal region submitting a comprehensive plan and any interested residents 
of the municipality or multimunicipal region or of contiguous municipalities. The 
comment period extends for 25 business days after the department receives the 
comprehensive plan.  Each state agency reviewing the proposal shall designate a person 
or persons responsible for coordinating the agency's review of the comprehensive plan;
B.  Prepare all written comments from all sources in a form to be forwarded to the 
municipality or multimunicipal region;
C.  Within 35 business days after receiving the comprehensive plan, notify the 
municipality or multimunicipal region if the plan is complete for purposes of review.  
If the department notifies the municipality or multimunicipal region that the plan is not 
complete for purposes of review, the department shall indicate in its notice necessary 
additional data or information the department shall issue findings based on a review of 
the requirements of this subchapter.  Comments unrelated to the required elements of 
this subchapter are advisory.  The written comments prepared under this section must 
distinguish between advisory and substantive comments;
D.  Within 10 business days of issuing notification that a comprehensive plan is 
complete for purposes of review, issue findings specifically describing whether the 
submitted plan is consistent with the procedures, goals and guidelines established in 
this subchapter and identify which inconsistencies in the plan, if any, may directly 
affect rate of growth, zoning or impact fee ordinances.
(1)  In its findings, the department shall clearly indicate its position on any point 
on which there are significant conflicts among the written comments submitted to 
the department.
(2)  If the department finds that the comprehensive plan was developed in 
accordance with the procedures, goals and guidelines established in this 
subchapter, the department shall issue a finding of consistency for the 
comprehensive plan.
(3)  A finding of inconsistency must identify the goals under this subchapter not 
adequately addressed, specific sections of the rules relating to comprehensive plan 
review adopted by the department not adequately addressed and recommendations 
for resolving the inconsistency;
D-1.  If the department finds that the comprehensive plan was developed in accordance 
with the mandatory procedures, goals and guidelines established in this subchapter, the 
department shall issue a finding of consistency for the comprehensive plan.  If the 
department finds that the comprehensive plan does not meet the requirements 
established in this subchapter, the department shall issue a finding of inconsistency and 
recommendations for resolving the inconsistency;
E.  Send all written findings and comments on the comprehensive plan to the 
municipality or multimunicipal region and any applicable regional council; and
F.  Provide ample opportunity for the municipality or multimunicipal region submitting 
a comprehensive plan to respond to and correct any identified deficiencies in the plan 
revise the plan to be consistent with the requirements of this subchapter. A finding of 
inconsistency for a comprehensive plan may be addressed within 24 months of the date 
of the finding without addressing any new review standards that are created during that 
time interval. After 24 months, the plan must be resubmitted in its entirety for state 
review under the department's most current review standards.
If the department finds that a plan is not consistent with the procedures, goals and 
guidelines requirements established in this subchapter, the municipality or multimunicipal 
district region that submitted the plan may appeal that finding to the department within 20 
business days of receipt of the finding in accordance with rules adopted by the department, 
which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
The department's decision on consistency of a comprehensive plan constitutes final agency 
action.
A finding by the department pursuant to paragraph D D-1 that a comprehensive plan is 
consistent with the procedures, goals and guidelines requirements established in this 
subchapter is valid for 12 years from the date of its issuance.  A finding by the former State 
Planning Office issued pursuant to this subchapter prior to December 31, 2000 that a 
comprehensive plan is consistent with the procedures, goals and guidelines requirements 
established in this subchapter is valid until December 31, 2012.  For purposes of section 
4314, subsection 3 and section 4352, subsection 2, expiration of a finding of consistency 
pursuant to this subsection does not itself make a comprehensive plan inconsistent with the 
procedures, goals and guidelines requirements established in this subchapter.
4.  Updates and amendments.  A municipality or multimunicipal region may submit 
proposed amendments to a comprehensive plan or growth management program to the 
department for review in the same manner as provided for the review of new plans and 
programs.  Subsequent to voluntary certification under this subsection, the municipality or 
multimunicipal region shall file a copy of an amendment to a growth management program 
with the department within 30 days after adopting the amendment and at least 60 days prior 
to applying for any state grant program that offers a preference for consistency or 
certification.
5.  Regional councils.  Subject to the availability of funding and pursuant to the 
conditions of a contract, each regional council shall review and submit written comments 
on the comprehensive plan or growth management program of any municipality or 
multimunicipal region within its planning region.  The comments must be submitted to the 
department and contain an analysis of:
A.  Whether the comprehensive plan or growth management program is compatible 
with identified regional policies and needs; and
B.  Whether the comprehensive plan or growth management program is compatible 
with plans or programs of municipalities or multimunicipal regions that may be 
affected by the proposal.
Sec. 19.  30-A MRSA §5403, sub-§14, as amended by PL 2019, c. 108, §4, is 
further amended to read:
14.  Community septic systems.  As a means of facilitating compact growth patterns, 
including cluster developments, construct, maintain and operate a sewer system that is 
composed of one or more subsurface wastewater collection, treatment and disposal 
systems.  The municipality may construct such a sewer system in anticipation of the 
establishment of a community sanitary district under Title 38, chapter 11‑A, to which the 
municipality will transfer the system pursuant to Title 38, section 1232.  For purposes of 
this subsection, "cluster development" has the same meaning as in section 4301, subsection 
1‑A; and
Sec. 20.  38 MRSA §1231, sub-§1, as enacted by PL 2005, c. 556, §4, is repealed.
SUMMARY
This bill makes comprehensive changes to the growth management program, including 
substantive and procedural changes to comprehensive land use planning.