An Act to Increase Maine's Housing Supply by Prohibiting Certain Zoning Requirements in Areas Where Public Sewer and Water Infrastructure Are Available and in Designated Growth Areas Reference to the Joint Select Committee on Housing suggested and ordered printed.
Maine Legislature, Session 131, LD 1864
Committee: Housing
Sponsors: BOYLE, LAWRENCE, BELL, DOUDERA, GERE, PIERCE
Amends: 30-A MRSA §4364-D

Legislative Document
No. 1864
H.P. 1194
House of Representatives, May 2, 2023
An Act to Increase Maine's Housing Supply by Prohibiting Certain 
Zoning Requirements in Areas Where Public Sewer and Water 
Infrastructure Are Available and in Designated Growth Areas
Reference to the Joint Select Committee on Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYLE of Gorham.
Cosponsored by Senator LAWRENCE of York and
Representatives: BELL of Yarmouth, DOUDERA of Camden, GERE of Kennebunkport, 
Senator: PIERCE of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4364-D is enacted to read:
§4364-D.  Residential areas; municipal sewer and water; designated growth areas; lot 
sizes
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Dimensional standards" means ordinance provisions relating to lot coverage, road 
frontage and setback requirements.
B.  "Dwelling unit" means a single-family or multifamily dwelling unit.
C.  "Housing development" means a development constructed to provide one or more 
dwelling units.
2.  Residential areas where municipal sewer and water available.  This subsection 
applies to residential areas where municipal sewer and water are available.
A.  If a housing development is served by a public, special district or other centrally 
managed water system and a public, special district or other comparable sewer system 
and is located in an area in which dwelling units are allowed, a municipality shall allow 
a dwelling unit on a lot with a minimum size of 5,000 square feet and may not require 
more than 2 off-street parking spaces for every 3 dwelling units in a housing 
development.
B.  A municipal ordinance may not establish dimensional standards for dwelling units 
under this subsection that are more restrictive than dimensional standards for single-
family dwelling units in effect on October 1, 2023, and a municipal ordinance may not 
establish:
(1)  A road frontage requirement greater than 50 feet for dwelling units under this 
subsection; and
(2)  Front, rear or side setback requirements greater than 10 feet for dwelling units 
under this subsection.
C.  A developer of a housing development under this subsection shall provide written 
verification to the municipality that each dwelling unit in the housing development is 
connected to adequate water and wastewater services before the municipality may 
certify the housing development for occupancy.  Written verification under this 
paragraph must include:
(1)  For a dwelling unit that will be connected to a public, special district or other 
comparable sewer system, proof of adequate service to support any additional flow 
created by the dwelling unit; and
(2)  For a dwelling unit that will be connected to a public, special district or other 
centrally managed water system, proof of adequate service to support any 
additional flow created by the dwelling unit, proof of payment for the connection 
and the volume and supply of water required for the dwelling unit.
D.  A housing development that will be connected to existing water and sewer 
infrastructure under this subsection may not be charged an impact fee or sewer 
connection fee greater than a pro rata amount based on the square footage of the new 
development when compared with residential connections in effect at the time.
3.  Residential areas where municipal sewer and water not available; located in 
designated growth area.  This subsection applies to residential areas where municipal 
sewer and water are not available and that are located in designated growth areas. 
A.  A municipality shall allow a dwelling unit on a lot with a minimum size of 20,000 
square feet and may not require more than 2 off-street parking spaces for every 3 
dwelling units if a housing development:
(1)  Is located in a designated growth area in accordance with section 4349-A, 
subsection 1, paragraph A or B;
(2)  Is not served by a public, special district or other centrally managed water 
system and a public, special district or other comparable sewer system;
(3)  Complies with minimum lot size requirements in accordance with Title 12, 
chapter 423-A as applicable; and
(4)  Is located in an area in which dwelling units are allowed.
B.  A municipal ordinance may not establish dimensional standards for dwelling units 
under this subsection that are more restrictive than dimensional standards for single-
family dwelling units in effect on October 1, 2023, and a municipal ordinance may not 
establish:
(1)  A road frontage requirement greater than 65 feet for dwelling units under this 
subsection; and
(2)  Front setback requirements greater than 10 feet, rear setback requirements 
greater than 20 feet or side setback requirements greater than 20 feet individually 
or 30 feet combined for dwelling units under this subsection.
C.  A developer of a housing development under this subsection shall provide written 
verification to the municipality that each dwelling unit in the housing development is 
connected to adequate water and wastewater services before the municipality may 
certify the housing development for occupancy.  Written verification under this 
paragraph must include:
(1)  For a dwelling unit that will be connected to a septic system, proof of adequate 
sewage disposal for subsurface wastewater.  The septic system must be verified as 
adequate by a local plumbing inspector under section 4221.  Plans for subsurface 
wastewater disposal must be prepared by a licensed site evaluator in accordance 
with subsurface wastewater disposal rules adopted under Title 22, section 42;  and
(2)  For a dwelling unit that will be connected to a well, proof of access to potable 
water.  Tests of an existing well or proposed well must indicate that the water 
supply is potable and acceptable for domestic use.
4.  Subdivision requirements.  This section may not be construed to exempt a housing 
development from the requirements for division of a tract or parcel of land under subchapter 
4.
5.  Restrictive covenants.  This section may not be construed to interfere with, 
abrogate or annul the validity or enforceability of any valid and enforceable easement, 
covenant, deed restriction or other agreement or instrument between private parties that 
imposes greater restrictions than those provided in this section, as long as the easement, 
covenant, deed restriction or other agreement or instrument does not abrogate rights under 
the United State Constitution or the Constitution of Maine.
6.  Shoreland zoning.  A housing development under this section must comply with 
shoreland zoning requirements established by the Department of Environmental Protection 
under Title 38, chapter 3, article 2-B and municipal shoreland zoning ordinances.
SUMMARY
This bill provides restrictions on municipal ordinance requirements related to minimum 
lot size in areas where water and sewer infrastructure are available and in areas where water 
and sewer infrastructure are not available but that are within designated growth areas.  For 
a housing development served by a public, special district or other centrally managed water 
system and a public, special district or other comparable sewer system and that is located 
in an area in which dwelling units are allowed, a municipality must allow a dwelling unit 
on a lot with a minimum size of 5,000 square feet.  For a housing development located in 
a designated growth area that is not served by a public, special district or other centrally 
managed water system and a public, special district or other comparable sewer system, that 
complies with minimum lot size requirements in accordance with the Maine Revised 
Statutes, Title 12, chapter 423-A and that is located in an area in which dwelling units are 
allowed, a municipality must allow a dwelling unit on a lot with a minimum size of 20,000 
square feet.  The bill  also provides limits to ordinance provisions relating to lot coverage, 
road frontage and setback requirements.