An Act to Build
Maine Legislature, Session 132, LD 1829
Committee Amendment CA_A_H748 (House)
Amends: 30-A MRSA §4301, 30-A MRSA §4360, 30-A MRSA §4364, 30-A MRSA §4364-A, 30-A MRSA §4364-B, 30-A MRSA §4364-C, 30-A MRSA §4401

COMMITTEE AMENDMENT "A-" to H.P, 1224, L.D, 1829, "An Act to Build
Housing for Maine Families and Attract Workers to Maine Businesses by Amending the
Laws Governing Municipal Land Use Decisions"
Amend the bill by striking out the title and substituting the following:
'An Act to Build Housing for IMaine Families and Attract Workers to Maine
Businesses by Amending the Laws Governing Housing Density'
Amend the bill by striking out everything after the enacting clause and inserting the
followmg:
'See. 1. 25 MRSA§2463-B is enacted to read:
S2463-B. FireDrotection in accessory dwelline units
Fire supRression sprinklers are not required for an accessory dwellme unit unless the
accessory dwelling unit is within or attached to a structure of more than 2 dwelling units.
includine accessory dwelline units. As used in this section. "accessory dwelline unit" has
the same meaning as ia Title 30-A. section 4301. subsection 1-C.
Sec. 2. 30-A MRSA §4301, sub-§l-C, as enacted by PL 2019, c. 145, §1 and
reallocated by RR 2019, c, 1, Pt, A,§36, is amended to read;
1-C. Accessory dwelling unit. "Accessory dwelling unit" means a self-contamed
dwelling unit located within, attached to or detached from a single-family dwelling unit or
multi-unit structure located on the same parcel of land,
Sec. 3. 30-A MRSA §4360, sub-§2, as enacted by PL 2003,c,127,§ 1, is amended
to read;
2. Differential ordinances. A municipality may enact rate of growth ordinances that
set different limits on the number of building or development permits that are permitted in
designated rural areas and designated growth areaQ. A municipality may not enact rate of
3 growth ordinances that limit residential development in designated growth_areas^as_defined
in section 4301^subsectiQQ,6-C, exceet as aythorizedbv this chaoter.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/+" to H.P. 1224, L.D. 1829
9.0S
Sec. 4. 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 '13^19 A, subsection
1, paragraph A or B as identified in a comprehensive plan adopted pursuant to this
subchapter 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. 5. 30-A MRSA §4364, sub-§2-A is enacted to read:
2-A. Additional height allowance. Except as otherwise prohibited under Title 38.
chapter 3 and municipal shoreland zonine ordinances, a municipality shall allow, subject
to review by a municipal fire officiaLor desimee. an affordable housine development to
exceed any municmal height restriction by no less than one story or 1 4 feet,
Sec. 6. 30-A MRSA §4364, sub-§5, as enacted by PL 2021,c.672,§4 is amended
by enacting at the end a new first blocked paragraph to read:
Upon receipt of written verification from a local olumbine msoector that a housine
structure meets the requirements of this subsection, additional review or documentation by
a municitialitv related to waste and wastewater requirements before issuing a certificate of
occupancy is prohibited.
Sec. 7. 30-A MRSA §4364-A, sub-§l, as amended by PL 2023, c. 192, §6, is
repealed and the following enacted in its place:
l._Use allowed. Notwithstandmg any provision of law to the contrary, except Title
12. chapter 423-A. for any area in which residential uses areallowed, includmR as a
conditional use. a municipality shall allow at a minimum:
A. Three dwelling units. attached or detached, including accessory dwelliae units, per
lot: and
B. Four dwelling units, attached or detached, includine accessor/ dwelling units, per
lot if the lot is located iu a designated growth area. as identified in a comprehensive
ulan adopted pursuant to this subchapter. or served by a public, special district or other
4 centrally managed water system and a public, special district or other comparable sewer
system.
A municipality may allow more units than the mmimum number ^egyu'ed^iy this
subsection.
Sec. 8. 30-A MRSA §4364-A, sub-§2, as amended by PL 2023, c, 192, §8, is
repealed,
Sec. 9. 30-A MRSA §4364-A, sub-§2-A is enacted to read:
COMMITTEE AMENDMENT
"A"
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COMMITTEE AMENDMENT " A^ to H.P. 1224, L.D,1829
2-A. Lot size and density allowance for private property. Notwithstanding any
provision of law to the contrary, except Title 12, chapter 423-A. this subsection applies to
any area m which residential uses are allowed, includme as a conditional use,
A. If a lot is located in a designated growth area and is served by a public, special
district or other centrally managed water system and a public, specialdisfa-ict_oi^
comparable sewer system, a minimum lotsize requirement may not exceed 5.000
square feet and a density requirement may not exceed 1.250 square feet of lot area per
dwelling unit for the first 4 dwelling units and 5.000 additional square feet of lot area
per dwelling unit for subsequent units.
B. If a lot is located outside a designated growth area and in anareaseryedbYa public,
special district or other centrally managed water system and a public, special district
or other comparable sewer system, a mmimum lot size requirement may not exceed
5.000 square feet and a densitv_requirement m^^ of lot
area for the fu-st 2 dwelling units contained within a single structure, not includine:
accessory dwellmg units,
C. If & lot is located in a designated growth area without a public, special district or
other comparable sewer system. a minimum lot size requirement may not exceed the
minimum lot size reauu'ed by Title 12. chapter 423-A and the density regmrement or
calculation may not be more restrictive than required by Title 12. chapter 423 -A.
If 4 or fewer dwelling units have been constructed on a lot as a result of the allowances
under this section or section 4364-B. the lot is not eligible for any additional increases in
density, including under section 4364, unless more units are allowed by the municipality.
Sec. 10. 30-A MRSA §4364-A, sub-§3, as amended by PL 2023, c. 192, §9, is
repealed and the following enacted in its place:
3. General requirements. Except as provided ia this section. a municipal ordinance
may not establish dimensional requirements for multiple units allowed by A section that
are greater tiian dimensional reguirements reauired for smgle-familv dwelling units. As
used m this subsection. "dimensional requirements" means requirements that govern the
size and placement of structures. includme building height, lot area, minimum frontage, lot
depth and setbacks.
Sec. 11. 30-A MRSA §4364-A, sub-§4, as enacted by PL 2021, c. 672, §5, is
amended by enacting at the end a new first blocked paragraph to read:
3 Upon receipt of written verification from a local plumbine inspector that a housing
structure meets the requirements of this subsection, additional review or documentation bv
a municipality related to waste and wastewater reguirements beforelssumg a certificate of
occupancv is Drghibited,
Sec. 12. 30-A MRSA §4364-A, sub-§5-A is enacted to read:
5-A. Planning board approval not required. A municipality may not reauu'e
plannme board approval for 4 or fewer dwelline units within a structure.
Sec. 13. 30-A MRSA §4364-B, sub-§l, as amended by PL 2023, c. 192, §12, is
further amended to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A^toH.P. 1224, L.D. 1829
1. Use permitted. Except as provided in Title 12, chapter 423-A, a municipality shall
allow an accessory dwelling unit to be located on the same lot as a single-family dwelling
unit or multi-unit structure in any area in which residential uses are permitted, includmg as
a conditional use. m accordance with this section.
Sec. 14. 30-A MRSA §4364-B, sub-§2, ^B, as enacted by PL 2021, c. 672, §6, is
amended to read;
B. Attached to or sharing a wall with a single-family dwelling unit or multi-unit
structure; or
Sec. 15. 30-A MRSA §4364-B, sub-§3, as amended by PL 2023,c.192,§15, is
further amended to read:
3. Zoning requirements. With respect to accessoiy dwelling units, municipal zoning
ordinances must comply with the followmg conditions;
A. At least one accessory dwelling unit must be allowed on any lot where a single-
family dwelling unit is the principal structure; and
B. If more than one accessory dwelling unit has been constructed on a lot as a result
oftho allowanco under this Qoction, the lot is not oligiblo for any additional inoroasos
in density except as allowed by tho municipality; and
C. An accessory dwelling unit is must be allowed on a lot that does not conform to the
municipal zoning ordinance if the accessory dwelling unit does not further increase the
nonconfonnity.
Sec. 16. 30-A MRSA §4364-B, sub-§4, ^[A, as enacted by PL 2021,c. 672, §6, is
amended to read:
A. A municipality shall exempt as one accessory dwelling unit on a lot from any
density requirements or calculations related to the area in which the accessory dwelling
unit is constructed.
Sec. 17. 30-A MRSA §4364-B, sub-§4, ^E is enacted to read;
E. A municipality shall allow the construction or occupancy afan. accessory _dwelling
unit on a lot even if the owner of the lot where the accessor/ dwelling unit is located
does not reside in a dwelline unit on that lot.
Sec. 18. 30-A MRSA §4364-B, sub-§7, as enacted by PL 2021, c. 672, §6, is
amended by enacting at the end a new first blocked paragraph to read:
Upon receipt of written verification from a local plumbing inspector that a housing
3 structure meets the reauu'ements of this subsection, additional review or documentation bv
a municipality related to waste and wastewater requirements before issuing a certificate of
5 occupancy is prohibited,
Sec. 19. 30-A MRSA §4364-C, sub-§4 is enacted to read:
4. Man^^^^ reviewing authority and the municipal body
hearing zoning aooeals. if aoolicable. shall attend a trainine on land use olannme offered
by a state agency or a statewide association representme municmalities^Qr a regional
council or municipality within 180 days of apoomtment or. if a training is not available
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /V to H.P. 1224, L,D. 1829
i^ps
"A"'
within the 180-dav period, the municipal reviewing authority member and the municipal
body hearing zoning appeals must attend the next available training.
Sec. 20. 30-A MRSA §4401, sub-§4, as amended by PL 2023,c. 79, §1, is further
amended to read:
4. Subdivision. "Subdivision" means the division of a tract or parcel of land into 3 or
more lots within any 5-year period that begins on or after September 23, 1971. This
definition applies whether the division is accomplished by sale, lease, development,
buildings or otherwise. The term "subdivision" also includes the division of a new structure
or structures on a tract or parcel of land into 3- 5 or more dwelling units within a 5-year
period, the construction or placement of 3- 5. or more dwelling units on a single tract or
parcel of land and the division of an existing structure or structures previously used for
commercial or industrial use into 3- 5 or more dwelling units within a 5-year period,
A. In determinmg whether a tract or parcel of land is divided into 3 or more lots, the
first dividing of the tract or parcel is considered to create the first 2 lots and the next
dividing of either of these first 2 lots, by whomever accomplished, is considered to
create a 3rd lot, unless:
(1) Both dividings are accomplished by a subdivider who has retained one of the
lots for the subdivider's own use as a single-family residence that has been the
subdivider's prmcipal residence for a period of at least 5 years immediately
preceding the 2nd division; or
(2) The division of the tract or parcel is otherwise exempt under this subchapter,
B. The dividing of a tract or parcel of land and the lot or lots so made, which dividing
or lots when made are not subject to this subchapter, do not become subject to this
subchapter by the subsequent dividing of that tract or parcel of land or any portion of
that tract or parcel. The municipal reviewing authority shall consider the existence of
the previously created lot or lots in reviewing a proposed subdivision created by a
subsequent dividing.
C. A lot of 40 or more acres must be counted as a lot, except:
(2) When a municipality has, by ordinance, or the municipal reviewing authority
has, by regulation, elected not to count lots of 40 or more acres as lots for the
purposes of this subchapter when the parcel of land being divided is located
entirely outside any shoreland area as defmed in Title 38, section 435 or a
municipality's shoreland zoning ordinance.
D-l, A division accomplished by devise does not create a lot or lots for the purposes
of this defmition, unless the mtent of the transferor is to avoid the objectives of this
6 subchapter or avoid other applicable municipal requirements, including, but not limited
to, road standards and safety.
D-2. A division accomplished by condemnation does not create a lot or lots for the
purposes of this definition, unless the intent of the ti'ansferor is to avoid the objectives
of this subchapter.
D-3. A division accomplished by order of court does not create a lot or lots for the
purposes of this definition, unless the intent of the transferor is to avoid the objectives
of this subchapter.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " f[J' to H.P. 1224, L.D. 1829
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D-4. A division accomplished by gift to a person related to the donor of an interest in
property held by the donor for a continuous period of 5 years prior to the division by
gift does not create a lot or lots for the purposes of this definition, unless the intent of
the transferor is to avoid the objectives of this subchapter. If the real estate exempt
under this paragraph is transferred within 5 years to another person not related to the
donor of the exempt real estate as provided in this paragraph, then the previously
exempt division creates a lot or lots for the purposes of this subsection, "Person related
to the donor" means a spouse, parent, grandparent, brother, sister, child or grandchild
related by blood, marriage or adoption. A gift under this paragraph eso-oet cannot be
given for consideration that is more than 1/2 the assessed value of the real estate.
D-5. A division accomplished by a gift to a municipality if that municipality accepts
the gift does not create a lot or lots for the purposes of this definition, unless the intent
of the transferor is to avoid the objectives of this subchapter,
D-6. A division accomplished by the transfer of any interest in land to the owners of
land abutting that land does not create a lot or lots for the purposes of this definition,
unless the intent of the transferor is to avoid the objectives of this subchapter. If the
real estate exempt under this paragraph is transferred within 5 years to another person
without all of the merged land, then the previously exempt division creates a lot or lots
for the purposes of this subsection,
E. The division of a tract or parcel of land into 3 or more lots and upon each of which
lots permanent dwelling structures legally existed before September 23, 1971 is not a
subdivision,
F. In determining the number of dwelling units m a structure, the provisions of this
subsection regarding the determination of the number of lots apply, including
exemptions from the definition of a subdivision of land.
H-2. This subchapter may not be construed to prevent a municipality from enactmg an
ordinance under its home rule authority that otherwise regulates land use activities.
A municipality may not enact an ordinance that expands the definition of "subdivision"
except as provided in this subchapter. A municipality that has a definition of
"subdivision" that conflicts with the requirements of this subsection at the time this
paragraph takes effect shall comply with this subsection no later than January 1, 2021
July 1. 2027. Such a municipality must file its oonfliotmg definition at the county
3 registry of deeds by Jun© 3 0,2020 for the definition to remain valid for the grace period
ending January 1, 2021. A filing required under this paragraph must be collected and
indexed in a separate book in the registry of deeds for the county in which the
municipality is looatod.
I. The grant ofabona fide security interest in an entu-e lot that has been exempted from
the definition of subdivision under paragraphs D-l to D-6, or subsequent transfer of
that entire lot by the original holder of the security interest or that person's successor
in interest, does not create a lot for the purposes of this definition, unless the intent of
the transferor is to avoid the objectives of this subchapter. A mortgage, pledge or other
mstrument of hvoothecation against a dwelling unit or other smaller portion of real
property withm a parcel that is otherwise defined by this_section as a lot does not itself
constitute a subdivision for purposes of this section.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A." to H.P. 1224, L.D.1829
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 mterest, 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 atr 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.
Sec. 21. 30-AMRSA §4402, sub-§6, as amended by PL 2019, c. 174, §2, is further
amended to read:
6. Division of new or existing structures. Beginning July 1, 2018 January 1. 2026,
a division of a new or existing struchire into 3 or more dwelling units whether the division
is accomplished by sale, lease, development or otherwise in a municipality where the
project is subject to municipal site plan review.
A. For the purposes of this subsection, "municipal site plan review" means review
under a municipal ordinance that sets forth a process for determming whether a
development meets certain specified criteria, which must include criteria regardmg
stormwater management, sewage disposal, water supply and vehicular access and
which may include criteria regarding other environmental effects, layout, scale,
appearance and safely.
B. The municipal reviewing authority ia each municipality shall determine whether a
municipal site plan review ordinance adopted by the municipality meets the
requirements of paragraph A,
Sec. 22. Training of current members. Notwithstanding the Maine Revised
Statutes, Title 30-A, section 4364-C, subsection 4, a member of a municipal reviewing
authority or municipal body hearmg zoning appeals holding office on the effective date of
this Act shall attend a training as described in Title 30-A, section 4364-C, subsection 4
within 180 days of the effective date or, if a training is not available within the 180-day
6 period, must attend the next available traiamg,
Sec. 23. Application. Notwithstanding any provision of law to the contrary, except
for those sections of this Act that enact the Maine Revised Statutes, Title 25, section
2463-B, amend Title 30-A, section 4301, subsection 1-C and enact Title 30-A, section
4364-C, subsection 4, this Act applies to municipalities for which ordinances may be
enacted by the municipal officers without further action or approval by the voters of the
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ to H.P. 1224, L.D.1829
^ ^ ..^.^.^,,^^^....^.
municipality beginning July 1, 2026 and applies to all other municipalities begmning July
1,2027.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title, The amendment makes the
following changes in the laws governing municipal land use decisions.
1. It requires a municipality to allow a certain number of dwelling units per lot
depending on whether the lot is in a designated growth area or is served by public water
and sewer,
2. It establishes lot size and density allowances for residential dwelling units based on
whether the lot is in a designated growth area and served by public water and sewer, outside
a designated growth area and served by public water and sewer or within a designated
growth area but not served by public water and sewer.
3. It prevents a municipality from establishing dimensional requirements for multiple
residential units that are greater than the requirements for single-family dwelling units,
4. It exempts the creation of 4 or fewer dwelling units within a structure from planning
board review,
5. It prevents a municipality from requiring the owner of a lot where an accessory
dwelling unit is located to reside on the lot.
6. It clarifies that a municipality is prohibited from requiring additional review or
documentation about the adequacy of the water and wastewater service connection to a
housing structure beyond a written verification from a local plumbing inspector.
7. It requires a municipality to allow an affordable housing development to exceed
height restrictions by no less than one stoiy or 14 feet, subject to review by a municipal fire
official or designee.
8, It amends the definition of a subdivision of a structure from a division into 3 or
more units to a division into 5 or more units within a 5-year period,
9. It requu'es individuals who serve on a municipal reviewing authority or a municipal
0 body that hears zoning appeals to attend a training on land use planning,
The amendment enacts a provision that fire suppression sprinklers are not required for
an accessory dwelling unit unless the unit is within or attached to a structure of more than
2 dwelling units,
The provisions of the amendment that require a municipality to amend or adopt an
ordinance to effectuate the changes proposed in the bill become applicable July 1,2026, if
the ordinance may be enacted by the municipal officers without further action or approval
of the voters, and July 1, 2027 for all other municipalities.
COMMITTEE AMENDMENT