An Act to Increase Affordable Housing Development Reference to the Joint Select Committee on Housing suggested and ordered printed.
Maine Legislature, Session 131, LD 1593
Committee: Housing
Sponsors: CHIPMAN, CAMPBELL, PIERCE, POULIOT, GERE, GOLEK, LOOKNER, RANA
Amends: 12 MRSA §4807-A, 30-A MRSA §4352-A, 30-A MRSA §4364, 30-A MRSA §4364-B

Legislative Document
No. 1593
S.P. 624
In Senate, April 11, 2023
An Act to Increase Affordable Housing Development
Reference to the Joint Select Committee on Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHIPMAN of Cumberland.
Cosponsored by Representative CAMPBELL of Orrington and
Senators: PIERCE of Cumberland, POULIOT of Kennebec, Representatives: GERE of 
Kennebunkport, GOLEK of Harpswell, LOOKNER of Portland, RANA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §4807-A, sub-§2, as enacted by PL 1973, c. 411, §1, is amended 
to read:
2.   Dispose of wastes by means of subsurface waste disposal from any multiple unit 
housing or any other land use activity which that may generate wastes in excess of the 
waste disposal requirements of normal single family residential units, unless such multiple 
unit housing or other land use activity is located on a lot of a size and minimum frontage 
which that is greater than the requirements stated in subsection 1 in the same proportion as 
the actual waste disposal requirements of the multiple unit housing or other land use 
activities activity is greater than that of a single family residential unit.  For purposes of 
computing such proportions, the amount of sewage generated by and the waste disposal 
requirement of such activities or land uses shall be deemed to be is:
A.  Single  For a single family residential unit, deemed to be 300 gallons per day; or
B.  Multiple unit housing, 120 gallons per bedroom;
C.  Other  For other land use activity, the actual measurement or computation of waste 
generated or likely to be generated except that this paragraph does not apply to multiple 
unit housing.
Sec. 2.  30-A MRSA §4352-A is enacted to read:
§4352-A.  Residential housing
Notwithstanding any provision of law to the contrary, a municipality may not adopt or 
enforce any zoning restriction that prohibits residential housing in any zoning district; 
prohibits any existing allowed structure to be used as or converted for use to residential 
housing; or imposes a unit size requirement for residential housing.
Sec. 3.  30-A MRSA §4364, sub-§2, as enacted by PL 2021, c. 672, §4, is amended 
to read:
2.  Density requirements.  A municipality shall allow an affordable housing 
development where multifamily dwellings are allowed to have a dwelling unit density of 
at least 2 1/2 times the base density that is otherwise allowed in that location and may not 
require more than 2 off-street parking spaces for every 3 units.  The development must be 
in a designated growth area of a municipality consistent with section 4349‑A, subsection 
1, paragraph A or B or the development must be served by a public, special district or other 
centrally managed water system and a public, special district or other comparable sewer 
system.  The development must comply with minimum lot size requirements in accordance 
with Title 12, chapter 423‑A, as applicable.
Sec. 4.  30-A MRSA §4364-B, sub-§6, as enacted by PL 2021, c. 672, §6, is 
amended to read:
6.  Size requirements.  An accessory dwelling unit must meet a minimum size of 190 
square feet. If the Technical Building Codes and Standards Board under Title 10, section 
9722 adopts a different minimum size, that standard applies.  A municipality may impose 
a maximum size for an accessory dwelling unit.
SUMMARY
This bill removes minimum lot size requirements for any multiple unit housing.  The 
bill removes dwelling unit density requirements for single-family or multifamily housing 
development.  The bill removes minimum size requirements for accessory dwelling units 
outside of the Maine Uniform Building and Energy Code.
The bill also prohibits a municipality from adopting or enforcing any zoning restriction 
that:
1.  Prohibits residential housing in any zoning district;
2.  Prohibits any existing allowed structure to be used as or converted for use to 
residential housing; or
3.  Imposes a unit size requirement for residential housing.