An Act to Update the
Maine Legislature, Session 132, LD 2173
Committee Amendment CA_A_H1041 (House)
Amends: 25 MRSA §2463-B, 30-A MRSA §4351-A, 30-A MRSA §4360, 30-A MRSA §4364, 30-A MRSA §4364-A, 30-A MRSA §4364-B, 30-A MRSA §4364-D, 30-A MRSA §4364-E

COMMITTEE AMENDMENT "/~\ " to H.P. 1461, L,D. 2173, "An Act to Update the
Laws Regarding Housing Developments and Accessory Dwelling Units"
COMMITTEE AMENDMENT "/^ " to HJ
Housing Developments and
Amend the bill by striking out everything after the enactmg clause and inserting the
following;
'See. 1. 25 MRSA §2463-B, as enacted by PL 2025, c, 385, § 1, is amended to read:
§2463-B. Fire protection in accessory dwelling units
Fire suppression sprinklers are not requu-ed for an accessory dwelling unit unless the
accessory dwelling unit is within or attached to a structure ef that contams. or will contain
upon completion of construction, more than 2 dwelling units, including accessory dwelling
units. As used in this section, "accessory dwelling unit" has the same meaning as in Title
30-A, section 4301, subsection 1-C. This section may not be constmed to exempt an
accessory dwelling unit from fire protection requirements when the unit is located within
or attached to a_mixed-use or nonresidential building or when sprinkler Drotection is
otherwise reauu-ed based on occupancy classification, buildine use or hazard level under
the National Fire Protection Association codes adopted pursuant to section 2452,
Sec. 2. 30-A MRSA §4351-A is enacted to read;
84351-A. Definition
As used in this subchaoter. unless the context otherwise indicates, "public sewer
system" means a sewer system managed, owned or operated by a municipalityor quasi-
municipal entity that is a municipal sewer department, a sewer district as defmed in Title
38. section 1032. subsection 3. a standard district as defmed in Title 38. section 1032,
0 subsection 4 or a sanitary district formed under Title 3 8, chapter 11.
Sec. 3. 30-A MRSA §4360, as amended by PL 2025, c, 385, §3 and affected by
§23, is further amended to read;
§4360. Rate of growth ordinances
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/+-" to H,P, 1461, L.D. 2173
1. Ordinance review and update. A municipality that enacts a rate of growth
ordinance shall review and update the ordinance at least every 3 years to detennine whether
the rate of growth ordinance is still necessary and how the rate of growth ordinance may
be adjusted to meet current conditions.
1-A. Definition; common scheme of development. As used in this section, unless
the context otherwise indicates. "common scheme of development" means a plan or process
of development that:
A. Takes place on contiguous parcels or lots in the same immediate vicinity; and
B. Exhibits characteristics of a unified approach, method or effect, such as:
CD Unified ownershio. manaeement or supei'vision:
(2) Sharing common equipment or labor; or
(3) Common financine.
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
desigaateehwal- different areas-A, except that a municipality may not enact or enforce rate
of growth ordinances that limit residential development in designated growth areas, as
defined in section 4301, subsection 6-C, except as authorized by this chapter subsection 3.
3. Ordinance requirements; erowth areas. A municipality may adopt a rate of
growth ordinance that applies to a designated growth area only if:
A. The ordinance is consistent with section 4314, subsection 3;
B. The ordinance sets the number of building or development permits for new
residential dwellings, not including permitQ for affordable housing, at 105% or more
of the mean number of total permits issued for new residential dwellings within the
municipality during the 1 0 years immediately prior to the year in which the number is
calculated. The mean is determined by adding together the total number of permits
issued, excluding permits issued for affordable housmg, for new residential dwellings
for each year in the prior 10 years and then dividing by 1 0;
C. la addition to the permits established pursuant to paragraph B, the ordinance sets
the number of building or development permits for affordable housing at no less than
10% of the number of permits set in tho ordmance pursuant to paragraph B; and
C-l. The ordinance does not restrict the number of building permits or require a
development permit for affordable hoysin&as defined in section 5246. subsection 1;
D. The number of building or development permits for new residential dwellings
allowed under the ordinance is recalculated every 3 yearsv; and
E. Withm the designated growth area, the ordinance does not limit the development
permits allowed per project or per common scheme of development to a number that
7 is less than 35% of the allocated oennits for that area,
8 4. Ordinance requirements; other areas. A municioality may adopt a rate of growth
ordinance applicable to all other areas without limitation by this section.
Sec. 4. 30-A MRSA §4364, first % as amended by PL 2023, c. 192, §1, is further
amended to read:
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COMMITTEE AMENDMENT 7~f" to H.P. 1461, L.D. 2173
/ I
For an affordable housing development approved on or after the implementation date,
a municipality with density requirements shall apply density requirements and a
municioalitv with height restriction requirements shall apply heieht allowance
requirements in accordance with this section,
Sec. 5. 30-A MRSA §4364, sub-§2, as amended by PL 2025, c. 385, §4 and
affected by §23 and amended by c. 388, Pt, D, §36, is repealed and the following enacted
in its place:
2. Density requirements. A municipality shall allow an affordable housing
development where multifamilv 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
reauu'e more than 2 off-street parkme spaces for every 3 units. The development must be
in a designated growth area of a mumcioality as identified^^^m^
pwsyantto subchaoter 2 or b^served by a water drawn from a
public water source as defined in Title 22, section 2641 and a public sewer system.
Sec. 6. 30-A MRSA §4364, sub-§2-A, as enacted by PL 2025, c, 385, §5 and
affected by §23, is amended to read:
2-A. Additional height allowance. Except as otherwise prohibited under Title 38,
chapter 3 and municipal shoreland zoning ordinances, a municipality shall allow, oubjeot
to review by a municipal fire official or designee, an affordable housing development to
exceed any municipal height restriction by no less than one atory or 14 feet but only up to
a total building height of 5 5 feet. To be eligible for the additionalJh.eifiht allQwance pursuant
to this subsection, an affordable housing development must be approved by the Office of
the State Fire Marshal or a municipality registered under Title 25. section 2448-A and must
be:
A. In a designated growth area of a mumcipalitv as identified in a comprehensive plan
adopted pursuant to subchapter 2; or
B. Served by a water system deliverine water drawn from a public water source as
defmed iti Title 22. section 2641 and a public sewer system.
Sec. 7. 30-A MRSA §4364, sub-§5, ^A, as enacted by PL 2021, c. 672, §4, is
amended to read:
A. If a housmg unit is connected to a public, special diBtriot or other comparable sewer
system, proof of adequate service to support any additional flow created by the unit
3 and proof of payment for the connection to the sewer system;
Sec. 8. 30-A MRSA §4364, sub-§5, ^C, as enacted by PL 2021, c. 672, §4, is
5 amended to read :
C. If a housing unit is connootod to a public, special district or other centrally managed
water system served by a water system delivering water drawn from a public water
source as defined in Title 22. section 2641, proof of adequate service to support any
9 additional flow created by the unit, proof of payment for the connection and the volume
and supply of water required for the unit; and
Sec. 9. 30-A MRSA §4364, sub-§5, as amended by PL 2025, c, 385, §6 and
affected by §23, is further amended by repealing the first blocked paragraph.
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A
COMMITTEE AMENDMENT "M " to H.P. 1461, L.D. 2173
)S 1 Sec. 10. 30-A MRSA §4364, sub-§9, as enacted by PL 2023, c. 264, § 1, is repealed
and the following enacted in its place:
9. Exceptions. This section does not apply to:
A. A lot or portion of a lot that is within the watershed of a water source that is located
in the City ofLewiston or the City of Auburn and that is used to provide drinking water
by a water utility that has received a waiver from filtration pursuant to 40 Code of
Federal Reeulations. Sections 141.70 to 141.76. as determined by the Department of
Health and Human Services: or
B. A lot or a portion of a lot that is within an area identified as a coastal barrier in Title
38. section 1904; an area of special flood hazard as defmed in Title 38. section 436-A^
subsection J^C; or an area within a coastal sand dune system as defmed in Title 38,
section 480-B, subsection 1 as long as a municipality exemptsthe lot or portion of the
lot in a duly adopted ordinance.
Sec. 11. 30-A MRSA §4364-A, as amended by PL 2025,c. 385, §§7 to 12 and
affected by §23 and amended by c. 388, Pt. D, §37, is further amended by amending the
section headnote to read:
§4364-A. Residential areas?! generally; up to 4 dwelling units allowed
Sec. 12. 30-A MRSA §4364-A, sub-§l, as repealed and replaced by PL 2025, c,
385, §7 and affected by §23 and amended by c. 388, Pt, D, §37, is repealed and the
following enacted in its place:
1. Use allowed. Notwithstanding any provision of law to the contrary, except Title
12, chapter 423-A. for any area in which residential uses are allowed, includine as a
conditional use. the followine: are permitted uses:
A, At least 3 dwelline units, attached or detached, inclusive of accessory dwelling
units, per lot; and
B. At least 4 dwelline units, attached or detached, inclusive of accessory dwelling
units, per lot if the lot is located in a designated erowth area, asjdentified in a
comprehensive plan adopted pursuant to subchaDter 2, or the lot is served by a water
system deliverine water drawn from a public water source as defmed in Title 22,
0 section 2641 and a public sewer system.
A municipality may allow more dwelling units than the minimum number required by this
subsection.
Sec. 13. 30-A MRSA §4364-A, sub-§l-B, as enacted by PL 2023,c,264,§2 and
reallocated by RR. 2023, c. 1, Pt, A,§26, is repealed and the followmg enacted in its place;
1-B. Exceptions. This section does not apply to:
6 A, A lot or oortion of a lot that is within thewatershed ofa •watersourcethat islocated
in the City ofLewiston or the City of Auburn and that is used to provide drinking water
8 by a water utility that has received a waiver from filtration pursuant to 40 Code of
9 Federal Regulations. Sections 141.70 to 141 . 76^as determined by the Departaient of
Health and Human Services; or
B, A lot or a portion of a lot that is within an area identified as a coastal barrier in Title
38. section 1904; an area of special flood hazard as defmed in Title 38. section 436-A,
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subsection 1-C; or an area within a coastal sand dune system as defmed m Title 38.
section 480-B. subsection 1 as long as a municipality exempts the lot or portion of the
lot in a duly adopted ordinance,
Sec. 14. 30-A MRSA §4364-A, sub-§2-A, as enacted by PL 2025,c. 385, §9 and
affected by §23, is repealed and the following enacted in its place:
2-A. Limitations on municipal ordinances related to lot size and density allowance
for private proE^ertene^hts^^p^^ any provision of law to the
contrary, except Title 12. chapter 423-A. this subsection applies to any area in which
residential uses are allowed. mcludine as acQs^.csialsse,
A. If a lot is located in a designated growth area and is served by a water system
deliverine water drawn from a public water source as defined in Title 22. section 2641
and a public sewer system, a municipal ordinance may not require a minimum lot size
that exceeds 5.000 square feet and may not require more than 1,250 sauare feet of lot
area per dwelling unit for the first 4 dwellmg units,
B. If a lot is located outside a designated growth area and m an area served by a water
system delivering water drawn from a public water source as defmed in Title 22.
section 2641 and a public sewer system, a municipal ordinance may not reauu-e a
minimum lot size that exceeds 10.000 square feet and may not reauire more than
10.000 square feet of lot area for the first dwelling unit or 20.000 square feet of lot area
for the first 2 dwelling units within a single structure.
C. If a lot is located in a designated growth area without a public sewer system, a
municipal ordinance may not require a^m^ exceeds 20.000 square
feet or a density requirement or calculation that is more restrictive than required by
Title 12. chapter 423-A.
If 4 dwelline units have been constructed on a lot. the lot is not eligible for am^additional
increases in density, includine under section 4364, unless more units are allowed by the
municipality.
Sec. 15. 30-A MRSA §4364-A, sub-§5-A, as enacted by PL 2025, c. 385, § 12 and
affected by §23, is amended to read:
5-A. Planning board approval not required. A For any area m which residential
uses are allowed. includine as a conditional use. a municipality may not require plamiing
board approval for accessary dwelling units or solely because the project will establish 4
or fewer dwelling units within a single structure on a lot,
Sec. 16. 30-A MRSA §4364-B, sub-§l, as amended by PL 2025,c, 385, §13 and
affected by §23, is further amended to read:
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
8 unit or multi unit 2-unit or 3-unit residential structure in any area in which residential uses
are permitted, including as a conditional use, in accordance with this section.
Sec. 17. 30-A MRSA §4364-B, sub-§2, ^B, as amended by PL 2025, c. 385, §14
and affected by §23, is further amended to read:
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COMMITTEE AMENDMENT "h, " to H.P. 1461, L,D. 2173
B. Attached to or sharing a wall with a single-family dwelling unit or multi-unit
residential structure; or
Sec. 18. 30-A MRSA §4364-B, sub-§3, ^[A, as amended by PL 2025, c, 385, § 15
and affected by §23, is further amended to read:
A, At least one accessory dwelling unit must be allowed on any lot where a single
family dwelling unit is the principal structure is a single-familv dwelling unit or 2-unit
or 3-unit residential structure; and
Sec. 19. 30-A MRSA §4364-B, sub-§8, as amended by PL 2025, c. 648, §4, is
further amended to read:
8. Municipal implementation. In adopting an ordinance under this section, a
municipality may;
A. Establish an application and pormittmg proceQs for acoosQory dwelling units that
does not roquire planning board approval;
B. Impose fines for violations of building, zoning and utility requirements for
accessory dwelling units; aed
C. Establish alternative criteria that are less restrictive than the requirements of
subsections 4, 5, 6 and 7 for the approval of an accessory dwelling unit only in
circumstances in which the municipality would be able to provide a variance under
section 4353, subsection 4, 4-A, 4-B, 4-C or 4-D-; and
D. Exempt a lot or portion of a lot that is within an area identified as a coastal barrier
in Title 38. section 1904; an area of special flood hazard as defined in Title 38. section
436-A. subsection 1-C; or an area wjthjna^ coastal sanddune system as^defmedjm Title
38, section 48Q-B,^ubseQtion L
Sec. 20. 30-A MRSA §4364-D, sub-gl, ^C is enacted to read:
C. "Small child care facility"Jias the same meaning as in Title 22. section 83 01-A.
subsection 1-A. oaraeraoh E.
Sec. 21. 30-A MRSA §4364-D, sub-§2, as enacted by PL 2025, c. 288, §2, is
amended to read:
2. Location of child care. A child care facility or a family child care provider » must
be a permitted use in a municipal area that is zoned for residential purposes?, A family child
care provider or small child care facility located m an area zoned for residential EurpQses
must be subiect to the same zoning requirements for other reQidontial property as a single-
family dwelline unit.
Sec. 22. 30-A MRSA §4364-E, as enacted by PL 2025,c.364,§2 and reallocated
by RR 2025, c. 1, Pt. A, §42, is amended by enacting at the end a new paragraph to read:
This section does not apply to areas allowine mdustriaLuses,
Sec. 23. PL 2025, c. 288, §3 is enacted to read:
8 Sec. 3. Application; retroactivitv. That section ofMs Act that enacts the Maine
Revised Statutes. Title 30-A. section 4364-D applies to municioalities beginning July 1,
2027, This section applies retroactively to SeBtember24, 2025 .
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COMMITTEE AMENDMENT "H " to H,P. 1461, L.D. 2173
i05
Sec. 24. PL 2025, c. 374, §2 is enacted to read:
Sec. 2. Application; retroactivitY, ThisAcLapplies tQ municipalities begmnmg
July 1. 2027. This section applies retroactively to September 24. 2025.
Sec. 25. PL 2025, c.385,§23 is amended to read:
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
municipality beginning July 1, 2026 and applioQ to all othor municipalities begmning July
1,2027.
Sec. 26. General application date; changes to public laws retroactive.
Notwithstanding any provision of law to the contrary, except for those sections of this Act
that amend Public Law 2025, chapters 288,374 and 385, this Act applies to municipalities
beginning July 1, 2027. Those sections of this Act that amend Public Law 2025, chapters
288, 374 and 385 apply retroactively to September 24, 2025.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment keeps the emergency preamble and clause and replaces the rest of the
bill. It makes the following changes and additions to applicable law;
1. It clarifies that an accessory dwelling unit is required to have fire suppression
sprinklers when the unit is located within or attached to a mked-use or nonresidential
buildmg or when sprinkler protection is otherwise required.
2. It amends the law governing rate of growth ordinances to specify that the limitations
on those ordinances apply only to ordinances that affect designated growth areas and also
changes some of the limitations applicable to ordinances affecting designated growth areas,
3. It clarifies that for areas outside a growth area a municipality may enact rate of
growth ordinances,
4. It adds a requirement under the provision of law govemmg affordable housmg
density that to be eligible for additional height allowance, an affordable housing
development must be approved by the Office of the State Fire Marshal or a registered
municipality under the Mame Revised Statutes, Title 25, section 2448-A and not a
municipal fire official or designee.
5. It restricts the additional height allowance under the law regulating affordable
8 housing density to a total building height of 5 5 feet.
6, It replaces the phrase "public, special district or other comparable sewer system"
found in current law governing affordable housing density, accessoiy dwelling units and
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " H-\ " to H.P, 1461, L.D. 2173
^ ^ ^._.....-.-._._.._..^,..^...^.._
density and lot size requirements for residential areas with the term "public sewer system"
and defmes the term.
7, It replaces the phrase "public, special district or other centrally managed water
system" found in current law governing affordable housing density, accessory dwelling
units and density and lot size requirements with the phrase "water system delivermg water
drawn from a public water source as defined in Title 22, section 2641. "
8. It allows a municipality to adopt an ordinance to exempt, from the affordable housing
density requirements, accessory dwelling unit requirements and density and lot size
requirements for residential areas, lots or portions of lots within areas hi the municipality
that are identified as areas in a coastal barrier, areas in a coastal sand dune system and areas
in a special flood hazard area,
9, It corrects conflicts in Title 30-A, section 4364, subsection 2 and section 4364-A,
subsection I created by Public Law 2025, chapters 385 and 3 8 8 by repealing the conflicting
provisions and replacing them with the chapter 385 versions, modified to remove the
requirement that an affordable housing development must comply with the minimum lot
size requirements in Title 12, chapter 423-A and to update terminology.
10, It changes the minimum lot size and density limits hi certaiu areas in a municipality.
11. It clarifies that planning board approval is not required for accessory dwelling units
or solely because a project proposes to establish 4 or fewer dwelling units within a single
structure on a lot.
12, It limits when an accessory dwelling unit in a residential use area must be allowed
to situations in which the accessory dwelling unit is located on tfae same lot as a single-
family dwelling or a 2-unit or 3-unit residential structure.
13. It subjects a family child care provider or small child care facility and not all child
care facilities located in an area zoned for residential purposes to the same zoning
requirements as a smgle-family dwelling unit.
14. It delays until July 1, 2027 the application of this legislation and of Public Law
2025, chapters 288, 374 and 385. The provisions of this legislation that amend the
application dates of Public Law 2025, chapters 288, 374 and 385 apply retroactively to
September 24, 2025.
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