An Act to Establish an Affordable Housing Permitting Process Reference to the Joint Select Committee on Housing suggested and ordered printed.
Maine Legislature, Session 131, LD 1672
Committee: Housing
Sponsors: GERE, POULIOT, ARATA, CAMPBELL, COLLAMORE, GATTINE, GOLEK, STOVER, PIERCE, VITELLI
Amends: 5 MRSA §12004-G, 30-A MRSA §5073

Legislative Document
No. 1672
H.P. 1070
House of Representatives, April 13, 2023
An Act to Establish an Affordable Housing Permitting Process
Reference to the Joint Select Committee on Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GERE of Kennebunkport.
Cosponsored by Senator POULIOT of Kennebec and
Representatives: ARATA of New Gloucester, CAMPBELL of Orrington, COLLAMORE of 
Pittsfield, GATTINE of Westbrook, GOLEK of Harpswell, STOVER of Boothbay, Senators: 
PIERCE of Cumberland, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-G, sub-§14-K is enacted to read:
14-K.   
Housing 
Affordable Housing Development 
Review Board 
Expenses Only 
30-A MRSA 
§5073 
Sec. 2.  30-A MRSA c. 202-B is enacted to read:
CHAPTER 202-B
AFFORDABLE HOUSING
§5071.  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 unit for which the cost of occupancy is no more than 30% of a family's household 
income for a family with an income up to 80% of the area median income for rental housing 
and an income up to 120% of the area median income for owned housing as established by 
the United States Department of Housing and Urban Development.
2. Board. "Board" means the Affordable Housing Development Review Board 
established in Title 5, section 12004‑G, subsection 14-K.
3. Comprehensive plan.  "Comprehensive plan" has the same meaning as in section 
4301, subsection 3.
4. Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry.
5. Designated growth area. "Designated growth area" means an area of a municipality 
consistent with section 4349‑A, subsection 1, paragraph A or B.
6. Dwelling unit.  "Dwelling unit" has the same meaning as in section 4401, subsection 
2.
7. Local board. "Local board" means any municipal entity with authority for 
approving or supervising the construction of residential buildings or enforcing municipal 
building laws.
8. Neighborhood standards.  "Neighborhood standards" means local land use 
standards relating to new development that support local goals related to quality of life, 
fiscal health, affordability and sustainability, including but not limited to street design and 
street connections between parcels; characteristics that define neighborhoods including 
walkability and access to destinations; location and characteristics of civic or open spaces; 
form, type and orientation of new buildings; and location and management of parking to 
reduce costs and maintain walkability. 
9. Permit.  "Permit" means a permit for an affordable housing development or a 
workforce housing development under section 5074.
10. Preapproved building type.  "Preapproved building type" means a type of 
building that has received municipal approval based on the characteristics of the building.
11. Workforce housing.  "Workforce housing" means a decent, safe and sanitary 
dwelling unit for which the cost of occupancy is no more than 30% of a family's household 
income for a family with an income up to 120% of the area median income as established 
by the United States Department of Housing and Urban Development.
§5072.  Construction
This chapter may not be construed to:
1. State laws.  Limit the application of state laws to an application for a permit under 
this chapter, except as specifically provided in this chapter; or
2. Review by local board.  Prevent an applicant for a permit under this chapter from 
applying to a local board for a permit.
§5073.  Affordable Housing Development Review Board
1.  Established.  The Affordable Housing Development Review Board, as established 
in Title 5, section 12004‑G, subsection 14-K, operates under the department's Bureau of 
Resource Information and Land Use Planning for the purpose of making determinations on 
applications for permits for affordable housing and workforce housing developments 
submitted in accordance with section 5074.
2.  Membership.  The board consists of 7 members as follows.
A. The Commissioner of Agriculture, Conservation and Forestry shall appoint:
(1) One member who works for the department;
(2) Two members from the affordable housing development or affordable housing 
finance industry;
(3) One member from municipal government; and
(4) One member who is an architect with experience with building codes.
B. The Governor shall appoint 2 members trained in urban design. 
3.  Terms.  Members serve one-year terms that may be renewed by the appointing 
authority.
4.  Duties.  Notwithstanding the home rule authority granted to municipalities by 
section 3001 and by the Constitution of Maine, Article VIII, Part Second, the board shall, 
with respect to an application for a permit pursuant to section 5074:
A. Consider whether to grant or deny the application for a permit, including by holding 
hearings relating to a development;
B. Issue or deny a permit, including with any conditions or other requirements that a 
local board would be authorized to include;
C. Issue decisions or other orders that any local board could issue that are enforceable 
by an action in Superior Court;
D. Preempt any municipal or local ordinances; and
E. Consult with state agencies with oversight over an area described in section 5074, 
subsection 1, paragraph A in which a development is proposed in order to ensure a 
consolidated review of developments and meet local and state objectives of the area.
5. Compensation. Members of the board are entitled to reimbursement of reasonable 
expenses incurred in order to serve on the board, including travel expenses, as provided in 
Title 5, section 12004‑G, subsection 14-K, within available funds appropriated or allocated 
to the board.
6.  Rules.  The board shall adopt rules to implement this chapter.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.  The board shall make the rules available to municipalities.
§5074.  Affordable housing development permits
1. Application.  A housing developer may apply for a permit for an affordable housing 
development or workforce housing development in lieu of applying for a permit with a 
local board if all of the following criteria are met.
A.  The proposed development is in a designated growth area or is in an area served by 
a public, special district or other centrally managed water system or by a public, special 
district or other comparable sewer system.
B. The proposed development includes affordable housing or workforce housing as 
50% of the total building square footage.
C. The proposed development is in an area described in paragraph A in which an 
ordinance is not consistent with a municipality's comprehensive plan for that area as 
evidenced by an ordinance that requires:
(1) A minimum lot size of more than 5,000 square feet;
(2) Lot area per dwelling unit density restrictions;
(3) A minimum dwelling unit size of more than 400 square feet;
(4) Lot area or floor area ratio limits;
(5) More than 2 parking spaces per 3 dwelling units;
(6) More than 50 feet of street frontage;
(7) On-site open space;
(8) More than 10 feet of front setback; or
(9) More than 10 feet per side or 20 feet cumulatively of setback.
2.  Procedures.  The following procedures apply to an application for a permit.
A. Upon receipt of a permit application, the board shall notify each local board that is 
affected by the application by sending a copy of the application to each local board and 
soliciting recommendations from each local board.
B. Within 30 days of receipt of a permit application, the board shall schedule a public 
hearing and notify the applicant and each local board affected by the application of the 
date of the hearing.
C. In making a determination on a permit application, the board shall consider the 
recommendations of each local board affected by the application and may consider the 
testimony of consultants.
D. Except as provided in paragraph E, the board shall issue its decision, based upon a 
majority vote, within 40 days of the public hearing on the permit application under 
paragraph B.
E. For permit applications for a preapproved building type, the board shall issue its 
decision, based upon a majority vote, within 10 days of the public hearing on the permit 
application under paragraph B.  The timeline required by this paragraph may be 
extended by mutual agreement between the board and the applicant.
F. The board shall include in its decision on an application for a permit any findings of 
fact or conclusions of law necessary to explain its decision.
G. If the board does not issue a decision within the timelines required in paragraphs D 
and E, the application for a permit is deemed to be denied.
3.  Review standards.  Notwithstanding chapter 187, subchapter 4, the board shall 
review a permit application in accordance with this subsection and neighborhood standards.  
The following standards must be met:
A. A proposed development must protect the health and safety of the occupants of the 
proposed development;
B. If a proposed development creates a new street:
(1) The housing developer must demonstrate an ability to pay for maintenance and 
replacement costs for the street for 30 years;
(2) The street must conform with local road construction standards and may not be 
more than 20 feet wide for 2-way local roads or driveways and not more than 12 
feet wide for one-way local roads or driveways; and
(3) The street must be straight in its orientation and connect to adjacent streets, 
including streets on adjacent parcels, or provide for future connectivity to adjacent 
parcels;
C. A building in a proposed development must:
(1) Be situated close to the street and oriented parallel to the street, with a front 
setback that is consistent with the majority of the setbacks of buildings on the same 
block or in a manner that meets the requirements with the municipality's 
comprehensive plan and neighborhood standards;
(2) Have a roof shape and pitch that is consistent with the majority of the roofs of 
buildings on the same block or in a manner that meets the requirements with the 
municipality's comprehensive plan.  Buildings in residential areas must have gable 
or hip roofs with a slope that meets neighborhood standards.  Buildings in 
commercial or mixed-use areas may have flat roofs;
(3) Have a width and depth consistent with the historic pattern of the neighborhood 
or meet the intent of the area as described in the municipality's comprehensive plan;
(4) Be elevated a minimum of 1 1/2 feet above grade if the building does not 
contain ground floor retail space;
(5) Contain ramps and stairs for accessible dwelling units;
(6) Be within one story high of the average height of buildings located in the 
surrounding neighborhood or consistent with the intent for the area in the 
municipality's comprehensive plan;
(7) Meet all state building code standards in accordance with Title 10, section 9724; 
and
(8) Be evaluated to meet state requirements for private water and wastewater 
services or meet local system capacity if on public water and sewer services or 
contain a package system for smaller lot sizes less than 20,000 square feet;
D. Interior and exterior parking for a proposed development must be located 20 feet 
back from the front of a building, except when there is a driveway.  Parking must be 
screened from the street by buildings, low walls, fences or hedges;
E. Driveways in a proposed development in a neighborhood may not be more than 10 
feet wide.  Driveways in a proposed development in a commercial or mixed-use area 
may not be more than 20 feet wide;
F.  In areas in which there is a majority of retail space along the street, the proposed 
development must provide ground floor retail space to a minimum depth of 20 feet 
from the front of the building, with store fronts designed in a manner that is consistent 
with the historic pattern of the design of retail space;
G. Building materials for the proposed development must be made of quality materials 
consistent with materials historically used in the neighborhood or consistent with the 
intent for the area in the municipality's comprehensive plan;
H. The proposed development must have a scale, floorplate, form, height and other 
basic architectural features that are consistent with the features on buildings within 250 
feet of the proposed development or in a manner that meets the intent for the area in 
the municipality's comprehensive plan;
I. In residential areas, porches must be a minimum of 8 feet deep and covered stoops 
must be provided along the street front of the building with a width consistent with 
others in the neighborhood.  Covered stoops are required on secondary doors; and
J. Comply with all state environmental and wetlands laws and rules.
4.  Preapproved buildings.  Preapproved buildings are deemed to meet all of the 
standards in subsection 3.
5.  Comprehensive review.  Notwithstanding any provision of law to the contrary, for 
a development in an area described in subsection 1, paragraph A, the board has authority 
to review and make determinations necessary to issue permits for:
A.  An area designated as a historical district by a municipality by ordinance;
B.  A shoreland area as established in Title 38, section 435; or
C.  An area not listed in paragraph A or B with a designation that makes it subject to 
additional local or state oversight.
6. Monitoring. An applicant who has a permit approved under this section shall pay to 
a municipality a one-time fee for the municipality to delegate its annual property reporting 
to a housing authority as defined in section 4702, subsection 2 or nonprofit organization.
7.  Reconsideration; appeals. This subsection governs reconsiderations and appeals 
of a decision of the board.
A. An applicant may submit a request for reconsideration by the board. This paragraph 
may not be construed to limit a person's lawful right to appeal a final agency action 
under paragraph B.
B. An appeal from a decision of the board under this section must be to the Superior 
Court, pursuant to the provisions of the Maine Rules of Civil Procedure, Rule 80B.
8.  Fees.  The fee for an application for a permit under this section is $5,000.  Except 
as provided in subsection 6, a municipal fee may not be assessed except fees to connect 
utilities and apply for building permits.
SUMMARY
This bill establishes the Affordable Housing Development Review Board under the 
Department of Agriculture, Conservation and Forestry's Bureau of Resource Information 
and Land Use Planning in order to issue permits for the development of affordable housing 
and workforce housing.