An Act to Exempt Certain Conservation Lots from Municipal Subdivision Review
Maine Legislature, Session 131, LD 0596
Committee: Environment and Natural Resources
Sponsors: PIERCE, CARNEY, GRAMLICH
Amends: 30-A MRSA §4401

Legislative Document
No. 596
S.P. 264
In Senate, February 14, 2023
An Act to Exempt Certain Conservation Lots from Municipal 
Subdivision Review
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator PIERCE of Cumberland.
Cosponsored by Senator: CARNEY of Cumberland, Representative: GRAMLICH of Old 
Orchard Beach.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4401, sub-§4, ¶J is enacted to read:
J.  Unless the intent of a transferor is to avoid the objectives of this subchapter, the 
division of a tract or parcel of land accomplished by the transfer of any interest in the 
land to a holder does not create a lot or lots for purposes of this definition if:
(1)  The transferred interest, as expressed by conservation easement, binding 
agreement, declaration of trust or otherwise, is to be permanently held for one or 
more of the following conservation purposes:
(a)  Retaining or protecting the natural, scenic or open space values of the 
land;
(b)  Ensuring the availability of the land for agricultural, forest, 
recreational or open space use;
(c)  Protecting natural resources; or
(d)  Maintaining or enhancing air quality or water quality; and
(2)  The transferred interest is not subsequently further divided or transferred 
except to another holder.
As used in this paragraph, "holder" has the same meaning as in Title 33, section 476, 
subsection 2.
SUMMARY
This bill amends the definition of "subdivision" under the laws governing subdivisions 
to provide that, unless the intent of a transferor is to avoid the objectives of those laws, the 
division of a tract or parcel of land accomplished by the transfer of any interest in the land 
to a holder does not create a lot or lots for the purposes of that definition if:
1.  The transferred interest, as expressed by conservation easement, binding agreement, 
declaration of trust or otherwise, is to be permanently held for one or more of the following 
conservation purposes: retaining or protecting the natural, scenic or open space values of 
the land; ensuring the availability of the land for agricultural, forest, recreational or open 
space use; protecting natural resources; or maintaining or enhancing air quality or water 
quality; and
2.  The transferred interest is not subsequently further divided or transferred except to 
another holder.
Under the bill, a "holder" means a governmental body empowered to hold an interest 
in real property under the laws of the State or the United States or a nonprofit corporation 
or charitable trust, the purposes or powers of which include retaining or protecting the 
natural, scenic or open space values of real property; ensuring the availability of real 
property for agricultural, forest, recreational or open space use; protecting natural 
resources; or maintaining or enhancing air or water quality or preserving the historical, 
architectural, archaeological or cultural aspects of real property.