An Act to Amend the Laws Regarding Zoning and Land Use Restrictions to Limit Certain Requirements to Municipalities with a Population of More than 10,000
Maine Legislature, Session 131, LD 0214
Committee: Labor and Housing
Sponsors: CAMPBELL, LYFORD, SOBOLESKI, THORNE
Amends: 30-A MRSA §4364-A, 30-A MRSA §4364-B

Legislative Document
No. 214
H.P. 135
House of Representatives, January 20, 2023
An Act to Amend the Laws Regarding Zoning and Land Use 
Restrictions to Limit Certain Requirements to Municipalities with a 
Population of More than 10,000
(EMERGENCY)
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Senator LYFORD of Penobscot and
Representatives: SOBOLESKI of Phillips, THORNE of Carmel.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law requires, beginning July 1, 2023, all municipalities to allow a 
certain number of dwelling units under certain circumstances and the construction of 
accessory dwelling units on the same lot as a single-family dwelling unit and to comply 
with certain other zoning requirements; and
Whereas, this legislation proposes to limit those requirements to municipalities with 
a population over 10,000; and
Whereas, it is the intent of this legislation to exempt municipalities with a population 
of 10,000 or less from these requirements entirely;
Whereas, this legislation needs to take effect prior to the end of the 90-day period so 
that municipalities with a population of 10,000 or less will not be subject to those 
requirements between July 1, 2023 and the end of the 90-day period; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4364-A, sub-§1, as enacted by PL 2021, c. 672, §5, is 
amended to read:
1.  Use allowed.  Notwithstanding any provision of law to the contrary, except as 
provided in Title 12, chapter 423-A, for any area in which housing is allowed, a 
municipality shall allow structures with up to 2 dwelling units per lot if that lot does not 
contain an existing dwelling unit, except that a municipality with a population over 10,000 
shall allow up to 4 dwelling units per lot if that lot does not contain an existing dwelling 
unit and the lot is located in a designated growth area within a municipality consistent with 
section 4349-A, subsection 1, paragraph A or B or if the lot is served by a public, special 
district or other centrally managed water system and a public, special district or other 
comparable sewer system in a municipality without a comprehensive plan.
A municipality shall allow on a lot with one existing dwelling unit the addition of up to 2 
dwelling units: one additional dwelling unit within or attached to an existing structure or 
one additional detached dwelling unit, or one of each.
A municipality may allow more units than the number required to be allowed by this 
subsection.
Sec. 2.  30-A MRSA §4364-A, sub-§2, as enacted by PL 2021, c. 672, §5, is 
amended to read:
2.  Zoning requirements.  With respect to dwelling units allowed under this section, 
municipal zoning ordinances in municipalities with a population over 10,000 must comply 
with the following conditions.
A.  If more than one dwelling unit has been constructed on a lot as a result of the 
allowance under this section or section 4364-B, the lot is not eligible for any additional 
increases in density except as allowed by the municipality.
B.  A municipal zoning ordinance may establish a prohibition or an allowance for lots 
where a dwelling unit in existence after July 1, 2023 is torn down and an empty lot 
results.
Sec. 3.  30-A MRSA §4364-A, sub-§10, as enacted by PL 2021, c. 672, §5, is 
amended to read:
10.  Implementation.  A municipality is not required to implement the requirements 
of this section until July 1, 2023 October 1, 2023.
Sec. 4.  30-A MRSA §4364-B, sub-§1, as enacted by PL 2021, c. 672, §6, is 
amended to read:
1.  Use permitted.  Except as provided in Title 12, chapter 423‑A, a municipality with 
a population over 10,000 shall allow an accessory dwelling unit to be located on the same 
lot as a single-family dwelling unit in any area in which housing is permitted.  
Sec. 5.  30-A MRSA §4364-B, sub-§13, as enacted by PL 2021, c. 672, §6, is 
amended to read:
13.  Implementation.  A municipality is not required to implement the requirements 
of this section until July 1, 2023 October 1, 2023.
Sec. 6.  30-A MRSA §4364-B, sub-§14 is enacted to read:
14.  Applicability.  The requirements of this section apply only to a municipality with 
a population over 10,000.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill makes the following provisions applicable only to a municipality with a 
population over 10,000:
1. The requirement that a municipality allow up to 4 dwelling units per lot if that lot 
does not contain an existing dwelling unit and the lot is located in a designated growth area 
within a municipality or if the lot is served by a public, special district or other centrally 
managed water system and a public, special district or other comparable sewer system in a 
municipality without a comprehensive plan;
2. Certain zoning conditions that apply to dwelling units;
3. The requirement that a municipality allow an accessory dwelling unit on the same 
lot as a single-family dwelling unit in any area in which housing is permitted; and
4. Other requirements relating to accessory dwelling units.