An Act to Establish a Process to Vest Rights for Land Use Permit Applicants
Maine Legislature, Session 131, LD 0772
Committee: State and Local Government
Sponsors: POULIOT, HICKMAN, BOYLE, COLLINGS, MORRIS
Amends: 12 MRSA §685-C, 30-A MRSA §4364-D

Legislative Document
No. 772
S.P. 331
In Senate, February 21, 2023
An Act to Establish a Process to Vest Rights for Land Use Permit 
Applicants
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator POULIOT of Kennebec.
Cosponsored by Senator: HICKMAN of Kennebec, Representatives: BOYLE of Gorham, 
COLLINGS of Portland, MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §685-C, sub-§13 is enacted to read:
13.  Right established; right accrual.  An applicant for a permit required by a land 
use ordinance has the right for the commission to consider the approval, disapproval or 
conditional approval of an application for the permit solely on the basis of any orders, 
regulations, ordinances, rules, expiration dates, fees or other requirements in effect at the 
time the original application for the permit is filed for review for any purpose, including 
review for administrative completeness. A right to which a permit applicant is entitled 
under this subsection accrues on the filing of an original application that gives the 
commission fair notice of the project and the nature of the permit sought.  An application 
is considered filed on the date the applicant delivers the application to the commission or 
deposits the application with the United States Postal Service by certified mail addressed 
to the commission.  A certified mail receipt obtained by the applicant at the time of deposit 
is prima facie evidence of the date the application was deposited with the United States 
Postal Service.
Sec. 2.  30-A MRSA §4364-D is enacted to read:
§4364-D.  Consideration of land use permit
1. Right established. An applicant for a permit required by a land use ordinance has 
the right for a municipality to consider the approval, disapproval or conditional approval 
of an application for the permit solely on the basis of any orders, regulations, ordinances, 
rules, expiration dates, fees or other requirements in effect at the time the original 
application for the permit is filed for review for any purpose, including review for 
administrative completeness. 
2. Right accrual. A right to which a permit applicant is entitled under this section 
accrues on the filing of an original application that gives a municipality fair notice of the 
project and the nature of the permit sought.  An application is considered filed on the date 
the applicant delivers the application to the municipality or deposits the application with 
the United States Postal Service by certified mail addressed to the municipality.  A certified 
mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the 
date the application was deposited with the United States Postal Service.
SUMMARY
This bill gives an applicant for a land use permit the right to have a municipality or the 
Maine Land Use Planning Commission review the application solely on the basis of any 
orders, regulations, ordinances, rules, expiration dates, fees or other requirements in effect 
at the time the original application for the land use permit is filed for review.