An Act to Improve the Growth Management Program Laws
Maine Legislature, Session 132, LD 1751
Committee: State and Local Government
Sponsors: ROBERTS
Amends: 30-A MRSA §4301, 30-A MRSA §4312, 30-A MRSA §4314, 30-A MRSA §4317, 30-A MRSA §4324, 30-A MRSA §4325, 30-A MRSA §4326, 30-A MRSA §4346, 30-A MRSA §4347-A, 30-A MRSA §5953-D

Legislative Document
No. 1751
H.P. 1169
House of Representatives, April 22, 2025
An Act to Improve the Growth Management Program Laws
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: COLLAMORE of Pittsfield, EATON of Deer Isle, HEPLER 
of Woolwich, MASTRACCIO of Sanford, SALISBURY of Westbrook, Senators: BENNETT 
of Oxford, BRADSTREET of Kennebec, GROHOSKI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §4301, sub-§1, as corrected by RR 2017, c. 1, §22, is amended 
to read:
1.  Affordable housing.  "Affordable housing" means a decent, safe and sanitary 
dwelling, apartment or other living accommodation for a household whose income does 
not exceed 80% of the median income for the area as defined by the United States 
Department of Housing and Urban Development under the United States Housing Act of 
1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended has the same meaning as in 
section 5246, subsection 1.
Sec. 2.  30-A MRSA §4301, sub-§3, as enacted by PL 1989, c. 104, Pt. A, §45 and 
Pt. C, §10 and amended by c. 562, §1, is further amended to read:
3.  Comprehensive plan.  "Comprehensive plan" means a document or interrelated 
documents containing the elements established under section 4326, subsections 1 to 4, 
including the strategies for an implementation program which that are consistent with the 
procedures, goals and guidelines established under subchapter II 2.
Sec. 3.  30-A MRSA §4301, sub-§4-B, as enacted by PL 2001, c. 578, §2, is 
repealed.
Sec. 4.  30-A MRSA §4301, sub-§5-B, ¶C, as enacted by PL 1999, c. 776, §7, is 
amended to read:
C.  Construction or, extension or upgrade of sewer, water and other utility lines 
infrastructure;
Sec. 5.  30-A MRSA §4301, sub-§5-B, ¶D, as amended by PL 2001, c. 613, §1, is 
further amended to read:
D.  Grants and loans for public or quasi-public service infrastructure, public or quasi-
public facilities and community buildings; and
Sec. 6.  30-A MRSA §4301, sub-§5-B, ¶E, as amended by PL 2001, c. 613, §1, is 
further amended to read:
E.  Construction or expansion of state office buildings, state courts, hospitals and other 
quasi-public facilities and other civic buildings that serve public clients and customers.; 
Sec. 7.  30-A MRSA §4301, sub-§5-B, ¶F is enacted to read:
F.  Development of mixed-use housing projects; and
Sec. 8.  30-A MRSA §4301, sub-§5-B, ¶G is enacted to read:
G.  Bicycle and pedestrian infrastructure. 
Sec. 9.  30-A MRSA §4301, sub-§9, as amended by PL 2001, c. 578, §4, is further 
amended to read:
9.  Growth management program.  "Growth management program" means a 
document containing the components described in section 4326, including the 
implementation program, that is consistent with the procedures, goals and guidelines 
established by subchapter II 2 and that regulates land use beyond that required by Title 38, 
chapter 3, subchapter I 1, article 2‑B.
Sec. 10.  30-A MRSA §4301, sub-§10, as amended by PL 2001, c. 578, §5, is 
further amended to read:
10.  Planning committee.  "Planning committee" means the committee established by 
the municipal officers of a municipality or combination of municipalities multimunicipal 
region that has the general responsibility established under sections 4324 and 4326.
Sec. 11.  30-A MRSA §4301, sub-§12-A is enacted to read:
12-A.  Place type.  "Place type" means the classification of land for designating or 
mapping distinct areas by design, use, resource characteristics or regional context. 
Sec. 12.  30-A MRSA §4312, sub-§2, ¶I, as enacted by PL 2001, c. 578, §8, is 
repealed.
Sec. 13.  30-A MRSA §4312, sub-§2, ¶J is enacted to read:
J.  Encourage cooperation and efficiency among municipalities in the development of 
multimunicipal growth management programs, multimunicipal comprehensive plans, 
regional inventory and analyses and local and regional policy development.
Sec. 14.  30-A MRSA §4312, sub-§3, ¶B, as enacted by PL 1989, c. 104, Pt. A, 
§45 and Pt. C, §10, is amended to read:
B.  To plan for, finance and develop an efficient system of public facilities, 
transportation infrastructure and public services to accommodate anticipated growth 
and economic development;
Sec. 15.  30-A MRSA §4312, sub-§3, ¶D, as amended by PL 2021, c. 657, §1, is 
further amended to read:
D.  To promote and work to ensure choice, economic diversity and affordability in 
housing for low-income and moderate-income households and use housing policy to 
remove barriers to housing production and to help address disparities in access to 
educational, occupational and other opportunities;
Sec. 16.  30-A MRSA §4312, sub-§3, ¶D-1 is enacted to read:
D-1.  To promote land use policies and land use ordinances that encourage housing in 
proximity to jobs and services;
Sec. 17.  30-A MRSA §4312, sub-§3, ¶E, as enacted by PL 1989, c. 104, Pt. A, 
§45 and Pt. C, §10, is amended to read:
E.  To protect and improve the quality and to manage the quantity of the State's water 
resources, including lakes, aquifers, great ponds, estuaries, rivers and coastal areas;
Sec. 18.  30-A MRSA §4312, sub-§3, ¶G, as enacted by PL 1989, c. 104, Pt. A, 
§45 and Pt. C, §10, is amended to read:
G.  To protect the State's marine resources industry, ports and harbors from 
incompatible development and to promote access to the shore for commercial 
fishermen fisheries and the public;
Sec. 19.  30-A MRSA §4312, sub-§3, ¶L, as amended by PL 2021, c. 657, §3, is 
further amended to read:
L.  To encourage municipalities to develop policies that accommodate older adults with 
aging in place and that encourage, including the creation of age-friendly communities; 
and
Sec. 20.  30-A MRSA §4312, sub-§3, ¶N, as enacted by PL 2019, c. 153, §3 and 
reallocated by RR 2019, c. 1, Pt. A, §39, is amended to read:
N.  To plan for the effects of the rise in natural hazards, including but not limited to 
rising sea level, coastal and riverine flooding and extreme weather, on buildings, 
transportation infrastructure, sewage treatment facilities and other relevant state, 
regional, municipal or privately held infrastructure, property or resources.
Sec. 21.  30-A MRSA §4314, sub-§1, as amended by PL 2003, c. 641, §2, is 
repealed.
Sec. 22.  30-A MRSA §4314, sub-§3, ¶D, as amended by PL 2011, c. 655, Pt. JJ, 
§16 and affected by §41, is repealed.
Sec. 23.  30-A MRSA §4314, sub-§3, ¶E, as repealed and replaced by PL 2005, c. 
397, Pt. A, §31, is amended to read:
E.  The ordinance or portion of the ordinance conflicts with a newly adopted 
comprehensive plan or plan amendment adopted in accordance with the procedures, 
goals and guidelines established in this subchapter, in which case the ordinance or 
portion of the ordinance remains in effect for a period of up to 24 months immediately 
following adoption of the comprehensive plan or plan amendment; or
Sec. 24.  30-A MRSA §4314, sub-§3, ¶F, as amended by PL 2011, c. 655, Pt. JJ, 
§16 and affected by §41, is repealed.
Sec. 25.  30-A MRSA §4317 is enacted to read:
§4317.  Adopted comprehensive plan in effect
A comprehensive plan adopted or amended by a municipality or multimunicipal region 
under this subchapter remains in effect until amended or repealed in accordance with the 
procedures, goals and guidelines established in this subchapter.
Sec. 26.  30-A MRSA §4324, sub-§8, ¶B, as amended by PL 2003, c. 641, §8, is 
further amended to read:
B.  A copy of the proposed comprehensive plan must be made available for public 
inspection at each municipal office or other convenient location with regular public 
hours at least 30 days before the hearing and by whatever means the municipality 
regularly publishes its public information.  If modification of the plan is proposed 
pursuant to comments made at a public hearing, and if a follow-up public hearing is to 
be held, the proposed changes must be made available for public inspection at each 
municipal office or other convenient location with regular public hours before any 
follow-up hearing.
Sec. 27.  30-A MRSA §4325, sub-§1, as amended by PL 1991, c. 622, Pt. F, §28, 
is further amended to read:
1.  Within municipality.  A municipality participating in cooperative growth 
management activities may exercise its land use planning and management authority over 
the total land area within its jurisdiction.
Sec. 28.  30-A MRSA §4325, sub-§2, ¶A, as amended by PL 2001, c. 578, §14, is 
further amended to read:
A.  On procedures for joint action in the preparation and adoption of comprehensive 
plans, and on whether land use regulations and other implementation measures to be 
conducted on a multimunicipal basis will be administered within a municipality or by 
or more of the municipalities;
Sec. 29.  30-A MRSA §4325, sub-§2, ¶C, as amended by PL 2001, c. 578, §14, is 
further amended to read:
C.  On the amount and source of contribution from each municipality for any costs 
incurred in the development, implementation and enforcement of the comprehensive 
plan and its implementation program and on the method of distributing the benefits or 
impacts of regional land use, economic development, housing, transportation, 
infrastructure and other shared plans and programs.
Sec. 30.  30-A MRSA §4325, sub-§3, as amended by PL 2001, c. 578, §14, is 
further amended to read:
3.  Requirements.  The comprehensive planning and enforcement agreement must be 
in writing, approved by the municipal legislative bodies body of each municipality and 
forwarded to the office department.
Sec. 31.  30-A MRSA §4326, as amended by PL 2023, c. 646, Pt. A, §§35 to 38, is 
further amended to read:
§4326.  Growth management program elements
A growth management program must include at least a comprehensive plan, as 
described in subsections 1 to 4‑A 4, and an implementation program as described in 
subsection 5.
1.  Inventory and, analysis and needs assessment.  A comprehensive plan must 
include an inventory and analysis section addressing state goals under this subchapter and 
issues of regional or local significance that the municipality or multimunicipal region 
considers important.  The inventory must be based on information provided by the State, 
regional councils and other relevant local sources.  The analysis must include 10-year 
projections of local and regional growth in population and residential, commercial and 
industrial trends; the best available projection of trends in economic activity; the projected 
need for public facilities and services; and the vulnerability of and potential impacts on 
natural resources.  The department shall adopt rules to establish a tiered framework for 
inventory requirements based on municipal and regional conditions. 
The inventory and analysis section A comprehensive plan must include, but is not limited 
to: a needs assessment that identifies existing conditions or desired conditions within the 
municipality or multimunicipal region that are necessary to support housing, economic 
growth and development; protect public health, safety and welfare of the community; and 
protect the environment and critical resources.  The plan must describe the public input 
received to determine those needs.
A.  Economic and demographic data describing the municipality or multimunicipal 
region and the region in which it is located;
B.  Significant water resources such as lakes, aquifers, estuaries, rivers and coastal 
areas and, when applicable, their vulnerability to degradation;
C.  Significant or critical natural resources, such as wetlands, wildlife and fisheries 
habitats, significant plant habitats, coastal islands, sand dunes, scenic areas, shorelands, 
heritage coastal areas as defined under Title 5, section 3316, and unique natural areas;
D.  Marine-related resources and facilities such as ports, harbors, commercial 
moorings, commercial docking facilities and related parking, and shell fishing and 
worming areas;
E.  Commercial forestry and agricultural land;
F.  Existing recreation, park and open space areas and significant points of public 
access to shorelands within a municipality or multimunicipal region;
G.  Existing transportation systems, including the capacity of existing and proposed 
major thoroughfares, secondary routes, pedestrian ways and parking facilities;
H.  Residential housing stock, including housing for low-income and moderate-income 
households, an assessment of community needs and environmental effects of municipal 
regulations, an examination of the effect of excessive parking requirements that limit 
the reuse of upper floors of buildings in downtowns and on main streets and an 
identification of opportunities for accessory dwelling units;
H-1.  Housing that meets the needs of older residents, including housing that is 
rehabilitated, adapted or newly constructed to help older adults age in place;
I.  Historical and archeological resources including, at the discretion of the municipality 
or multimunicipal region, stone walls, stone impoundments and timber bridges of 
historical significance;
J.  Land use information describing current and projected development patterns;
K.  An assessment of capital facilities and public services necessary to support growth 
and development and to protect the environment and health, safety and welfare of the 
public and the costs of those facilities and services; and
L.  For a municipality or multimunicipal region that has adopted a local climate action 
plan, a climate vulnerability assessment specific to the municipality or multimunicipal 
region prepared by the municipality or multimunicipal region.
2.  Policy Local goals and policy development.  A comprehensive plan must include 
a local goals and policy development section that relates the findings contained in the 
inventory and analysis section to the state goals.  The policies must:
A.  Promote the state goals under this subchapter;
B.  Address any conflicts between state goals under this subchapter;
C.  Address any conflicts between regional and local issues; and
D.  Address the State's coastal management policies under Title 38, section 1801 if any 
part of the municipality or multimunicipal region is a coastal area.; and
E.  Promote consistency with the State's climate action plan under Title 38, section 577. 
3.  Implementation strategy.  A comprehensive plan must include an implementation 
strategy section that contains a timetable for the implementation program, including land 
use ordinances, ensuring that the goals established under this subchapter are met.  These 
implementation strategies must be consistent with state law and guidelines for the 
implementation program as described in subsection 5 and must actively promote policies 
developed during the planning process.  The timetable must identify significant ordinances 
to be included in the implementation program.  The strategies and timetable must guide the 
subsequent adoption of policies, programs and land use ordinances and periodic review of 
the comprehensive plan, including a capital investment plan for the replacement and 
expansion of public facilities and services required to meet projected growth and 
development.
3-A.  Guidelines for policy development and implementation strategies.  In 
developing its strategies and subsequent policies, programs and land use ordinances, each 
municipality or multimunicipal region shall employ the following guidelines consistent 
with the goals of this subchapter:
A.  Except as otherwise provided in this paragraph, identify and designate geographic 
areas in the municipality or multimunicipal region as growth areas and rural areas, as 
defined in this chapter.
(1)  Within growth areas, each municipality or multimunicipal region shall:
(a)  Establish development standards;
(b)  Establish timely permitting procedures;
(c)  Ensure that needed public services are available; and
(d)  Prevent inappropriate development in natural hazard areas, including flood 
plains and areas of high erosion.
(2)  Within rural areas, each municipality or multimunicipal region shall adopt land 
use policies and ordinances to discourage incompatible development.  These 
policies and ordinances may include, without limitation, density limits, cluster or 
special zoning, acquisition of land or development rights, transfer of development 
rights pursuant to section 4328 and performance standards.  The municipality or 
multimunicipal region should also identify which rural areas qualify as critical 
rural areas as defined in this chapter.  Critical rural areas must receive priority 
consideration for proactive strategies designed to enhance rural industries, manage 
wildlife and fisheries habitat and preserve sensitive natural areas.
(3)  A municipality or multimunicipal region may also designate as a transitional 
area any portion of land area that does not meet the definition of either a growth 
area or a rural area.  Such an area may be appropriate for medium-density 
development that does not require expansion of municipal facilities and does not 
include significant rural resources.
(4)  A municipality or multimunicipal region is not required to identify growth 
areas within the municipality or multimunicipal region for residential, commercial 
or industrial growth if it demonstrates, in accordance with rules adopted by the 
department pursuant to this article, that:
(a)  It is not possible to accommodate future residential, commercial or 
industrial growth within the municipality or multimunicipal region because of 
severe physical limitations, including, without limitation, the lack of adequate 
water supply and sewage disposal services, very shallow soils or limitations 
imposed by protected natural resources;
(b)  The municipality or multimunicipal region has experienced minimal or no 
residential, commercial or industrial development over the past decade and this 
condition is expected to continue over the 10-year planning period;
(c)  The municipality or multimunicipal region has identified as its growth 
areas one or more growth areas identified in a comprehensive plan adopted or 
to be adopted by one or more other municipalities or multimunicipal regions 
in accordance with an interlocal agreement adopted in accordance with chapter 
with one or more municipalities or multimunicipal regions; or
(d)  The municipality or multimunicipal region has no village or densely 
developed area.
(6)  A municipality or multimunicipal region exercising the discretion afforded by 
subparagraph (4) shall review the basis for its demonstration during the periodic 
revisions undertaken pursuant to section 4347‑A;
B.  Develop a capital investment plan for financing the replacement and expansion of 
public facilities and services required to meet projected growth and development;
C.  Protect, maintain and, when warranted, improve the water quality of each water 
body pursuant to Title 38, chapter 3, subchapter I, article 4‑A and ensure that the water 
quality will be protected from long-term and cumulative increases in phosphorus from 
development in great pond watersheds;
D.  Ensure that its land use policies and ordinances are consistent with applicable state 
law regarding critical natural resources.  A municipality or multimunicipal region, if 
authorized to enact ordinances, may adopt ordinances more stringent than applicable 
state law;
E.  Ensure the preservation of access to coastal waters necessary for commercial 
fishing, commercial mooring, docking and related parking facilities.  Each coastal area 
may identify and designate one or more critical waterfront areas and implement 
policies to ensure protection of those areas or otherwise discourage new development 
that is incompatible with uses related to the marine resources industry;
F.  Ensure the protection of agricultural and forest resources.  Each municipality or 
multimunicipal region shall discourage new development that is incompatible with 
uses related to the agricultural and forest industries;
G.  Ensure that the municipality's or multimunicipal region's land use policies and 
ordinances encourage the siting and construction of affordable housing within the 
community and comply with the requirements of section 4358 pertaining to individual 
mobile home and mobile home park siting and design requirements.  The municipality 
or multimunicipal region shall seek to achieve a level of at least 10% of new residential 
development, based on a 5-year historical average of residential development in the 
municipality or multimunicipal region, that meets the definition of affordable housing.  
A municipality or multimunicipal region is encouraged to seek creative approaches to 
assist in the development of affordable housing, including, but not limited to:
(1)  Cluster housing;
(2)  Reduced minimum lot and frontage sizes;
(3)  Increased residential densities;
(4)  Use of municipally owned land;
(5)  Establishment of policies that:
(a)  Assess community needs and environmental effects of municipal 
regulations;
(b)  Lessen the effect of excessive parking requirements for buildings in 
downtowns and on main streets;
(c)  Provide for alternative approaches for compliance relating to the reuse of 
upper floors of buildings in downtowns and on main streets;
(d)  Promote housing choice and economic diversity in housing; and
(e)  Address disparities in access to educational and occupational opportunities 
related to housing;
(6)  Provisions for accessory dwelling units and greater density where such density 
is consistent with other laws governing health and safety;
(7)  Promotion of housing options for older adults that address issues of special 
concern, including the adaptation, rehabilitation and construction of housing that 
helps older adults age in place with adequate transportation and accessibility to 
services necessary for them to do so in a safe and convenient manner; and
(8)  Establishment of policies that affirmatively advance and implement the federal 
Fair Housing Act, 42 United States Code, Chapter 45;
H.  Ensure that the value of historical, archeological, tribal and cultural resources is 
recognized and that protection is afforded to those resources that merit it;
I.  Encourage the availability of and access to traditional outdoor recreation 
opportunities, including, without limitation, hunting, boating, fishing and hiking, and 
encourage the creation of greenbelts, public parks, trails and conservation easements.  
Each municipality or multimunicipal region shall identify and encourage the protection 
of undeveloped shoreland and other areas identified in the local planning process as 
meriting that protection;
J.  Develop management goals for great ponds pertaining to the type of shoreline 
character, intensity of surface water use, protection of resources of state significance 
and type of public access appropriate for the intensity of use of great ponds within the 
municipality's or multimunicipal region's jurisdiction; and
N.  Notwithstanding paragraph G, ensure that in a service center community at least 
10% of the housing stock is affordable housing.
3-B.  Future land use plan.  A comprehensive plan must include a future land use plan 
as described in this subsection.
A.  Except as otherwise provided in this subsection, a future land use plan must identify 
and designate geographic areas in the municipality or multimunicipal region as growth 
areas and rural areas.  This information may be presented in a narrative or map form.
B.  A municipality or multimunicipal region may also designate any portion of land 
area that is not a growth area or a rural area as a transitional area and as appropriate for 
medium-density development that does not require expansion of municipal facilities 
and does not include significant rural resources.
C.  The department shall develop and maintain a catalog of implementation strategies 
appropriate for various place types.  Within the future land use plan, more place types 
may be identified and designated to provide further guidance on the establishment or 
modification of a municipality's or multimunicipal region's rate of growth ordinance, 
zoning ordinance or impact fee ordinance.
D.  A municipality or multimunicipal region is not required to identify growth areas 
within the municipality or multimunicipal region for residential, commercial or 
industrial growth if it demonstrates, in accordance with rules adopted by the 
department pursuant to this article, that:
(1)  It is not possible to accommodate future residential, commercial or industrial 
growth within the municipality or multimunicipal region because of severe 
physical limitations, including, without limitation, the lack of adequate water 
supply and sewage disposal services, very shallow soils or limitations imposed by 
protected natural resources;
(2)  The municipality or multimunicipal region has experienced minimal or no 
residential, commercial or industrial development over the past decade and this 
condition is expected to continue over the 10-year planning period; and
(3)  The municipality or multimunicipal region has no downtown or densely 
developed area.
E.  A municipality or multimunicipal region may identify as its growth areas one or 
more growth areas identified in a comprehensive plan adopted or to be adopted by one 
or more other municipalities or multimunicipal regions in accordance with an interlocal 
agreement adopted in accordance with chapter 115 with one or more municipalities or 
multimunicipal regions.
F.  A municipality or multimunicipal region exercising the discretion afforded by 
paragraph D shall review the basis for its demonstration during the periodic revisions 
undertaken pursuant to section 4347‑A.
4.  Regional coordination program.  A comprehensive plan must include a regional 
coordination program, which must be developed with other municipalities or 
multimunicipal regions to manage shared resources and facilities, such as rivers, aquifers, 
transportation facilities and others.  This program must provide for consistency with the 
comprehensive plans of other municipalities or multimunicipal regions for these resources 
and facilities.
4-A.  Addressing sea level rise.  A municipality or multimunicipal region that is in the 
coastal area may include in its comprehensive plan projections regarding changes in sea 
level and potential effects of the rise in sea level on buildings, transportation infrastructure, 
sewage treatment facilities and other relevant municipal, multimunicipal or privately held 
infrastructure or property and may develop a coordinated plan for addressing the effects of 
the rise in sea level. For the purposes of this subsection, "coastal area" has the same 
meaning as in Title 38, section 1802, subsection 1.
4-B.  Addressing climate risks and building resilience to natural hazards.  A 
municipality or multimunicipal region may include in its comprehensive plan projections 
regarding risks posed by climate change as identified in its climate vulnerability assessment 
prepared pursuant to subsection 1, paragraph L and the potential effects of those risks on 
buildings, transportation infrastructure, sewage treatment facilities and other relevant 
municipal, multimunicipal or privately held infrastructure, property or protected natural 
resources and may develop a coordinated plan for addressing those risks and for building 
resilience to natural hazards.
As used in this subsection, "protected natural resource" has the same meaning as in Title 
38, section 480‑B, subsection 8.
5.  Implementation program.  An implementation program must be adopted that is 
consistent with the strategies in subsection 3‑A the comprehensive plan prepared pursuant 
to subsections 1 to 4 and this subsection.  In developing its implementation program, a 
municipality or multimunicipal region shall employ the following guidelines consistent 
with the goals of this subchapter.
A.  Within growth areas, a municipality or multimunicipal region shall:
(1)  Establish development standards;
(2)  Establish timely permitting procedures;
(3)  Ensure that needed public services are available; and
(4)  Prevent inappropriate development in natural hazard areas, including 
floodplains and areas of high erosion.
B.  Within rural areas, a municipality or multimunicipal region shall adopt land use 
policies and ordinances to discourage incompatible development. These policies and 
ordinances may include, without limitation, density limits, cluster or special zoning, 
acquisition of land or development rights, transfer of development rights pursuant to 
section 4328 and performance standards.  The municipality or multimunicipal region 
shall also identify which rural areas qualify as critical rural areas.  Critical rural areas 
must receive priority consideration for proactive strategies designed to enhance rural 
industries, manage wildlife and fisheries habitats and preserve sensitive natural areas.
Sec. 32.  30-A MRSA §4346, 2nd ¶, as amended by PL 2021, c. 590, Pt. A, §10, is 
further amended to read:
The department may enter into financial assistance grants only to the extent that funds 
are available.   In making grants, the department shall consider the need for planning in a 
municipality or multimunicipal region, the proximity of the municipality or multimunicipal 
region to other areas that are conducting or have completed the planning process and the 
economic and geographic role of the municipality or multimunicipal region within a 
regional context.  The department shall give priority in making grants to any municipality 
or multimunicipal region that has adopted a local climate action plan and, if the 
municipality or multimunicipal region has adopted a comprehensive plan or growth 
management program, prepared a climate vulnerability assessment pursuant to section 
4326, subsection 1, paragraph L.  The department may consider other criteria in making 
grants, as long as the criteria support the goal of encouraging and facilitating the adoption 
and implementation of local and multimunicipal growth management programs consistent 
with the procedures, goals and guidelines established in this subchapter.  In order to 
maximize the availability of the technical and financial assistance program to all 
municipalities, multimunicipal regions and regional councils, financial assistance programs 
administered competitively under this article are exempt from rules adopted by the 
Department of Administrative and Financial Services pursuant to Title 5, section 1825‑C 
for use in the purchase of services and the awarding of grants and contracts.  The 
department shall publish a program statement describing its grant program and advertising 
its availability to eligible applicants.
Sec. 33.  30-A MRSA §4346, sub-§5, as amended by PL 2013, c. 300, §6, is further 
amended to read:
5.  Coordination.  State agencies with regulatory or other authority affecting the goals 
established in this subchapter shall conduct their respective activities in a manner consistent 
with the goals established under this subchapter, including, but not limited to, coordinating 
with municipalities, regional councils and other state agencies in meeting the state goals; 
providing available information to regions and municipalities and multimunicipal regions 
as described in rules adopted pursuant to section 4326, subsection 1; cooperating with 
efforts to integrate and provide access to geographic information and system data; making 
state investments and awarding grant money as described in section 4349‑A; and 
conducting reviews of growth management programs as provided in section 4347‑A, 
subsection 3, paragraph A.  Without limiting the application of this section to other state 
agencies, the following agencies shall comply with this subchapter:
B.  Department of Economic and Community Development;
C.  Department of Environmental Protection;
D.  Department of Agriculture, Conservation and Forestry;
E.  Department of Inland Fisheries and Wildlife;
F.  Department of Marine Resources;
G.  Department of Transportation;
G-1.  Department of Health and Human Services;
H.  Finance Authority of Maine; and
I.  Maine State Housing Authority.
Sec. 34.  30-A MRSA §4347-A, sub-§2, ¶B, as amended by PL 2011, c. 655, Pt. 
JJ, §21 and affected by §41, is further amended to read:
B.  Certification by the former State Planning Office or the department of a 
municipality's or multimunicipal region's growth management program under this 
article is valid for 10 12 years.  To maintain certification, a municipality or 
multimunicipal region shall periodically review its growth management program and 
submit to the department in a timely manner any revisions necessary to account for 
changes, including changes caused by growth and development. Certification does not 
lapse in any year in which the Legislature does not appropriate funds to the department 
for the purposes of reviewing programs for recertification.
Sec. 35.  30-A MRSA §4347-A, sub-§3, ¶C, as amended by PL 2011, c. 655, Pt. 
JJ, §21 and affected by §41, is further amended by amending subparagraph (3) to read:
(3)  Notwithstanding paragraph D, if a municipality or multimunicipal region 
requests a certificate of consistency for its growth management program, any 
unmodified component of that program that has previously been reviewed by the 
former State Planning Office or the department and has received a finding of 
consistency will retain that finding during program certification review by the 
department as long as the finding of consistency is current as defined in rules 
adopted by the department;
Sec. 36.  30-A MRSA §4347-A, sub-§3-A, ¶A, as amended by PL 2011, c. 655, 
Pt. JJ, §21 and affected by §41, is further amended to read:
A.  Solicit written comments on any proposed comprehensive plan from regional 
councils, state agencies, all municipalities contiguous to the municipality or 
multimunicipal region submitting a comprehensive plan and any interested residents 
of the municipality or multimunicipal region or of contiguous municipalities. The 
comment period extends for 25 20 business days after the department receives the a 
comprehensive plan that has been determined complete by the department.  Each state 
agency reviewing the proposal shall designate a person or persons responsible for 
coordinating the agency's review of the comprehensive plan;
Sec. 37.  30-A MRSA §4347-A, sub-§3-A, ¶C, as amended by PL 2011, c. 655, 
Pt. JJ, §21 and affected by §41, is further amended to read:
C.  Within 35 10 business days after receiving the comprehensive plan, notify the 
municipality or multimunicipal region if the plan is complete for purposes of review.  
If the department notifies the municipality or multimunicipal region that the plan is not 
complete for purposes of review, the department shall indicate in its notice necessary 
additional data or information;
Sec. 38.  30-A MRSA §4347-A, sub-§3-A, ¶D, as amended by PL 2011, c. 655, 
Pt. JJ, §21 and affected by §41, is further amended to read:
D.  Within 10 35 business days of issuing notification that a comprehensive plan is 
complete for purposes of review, issue findings specifically describing whether the 
submitted plan is consistent with the procedures, goals and guidelines established in 
this subchapter and identify which inconsistencies in the plan, if any, may directly 
affect rate of growth, zoning or impact fee ordinances.
(1)  In its findings, the department shall clearly indicate its position on any point 
on which there are significant conflicts among the written comments submitted to 
the department.
(2)  If the department finds that the comprehensive plan was developed in 
accordance with the procedures, goals and guidelines established in this 
subchapter, the department shall issue a finding of consistency for the 
comprehensive plan.
(3)  A finding of inconsistency must identify the goals under this subchapter not 
adequately addressed, specific sections of the rules relating to comprehensive plan 
review adopted by the department not adequately addressed and recommendations 
for resolving the inconsistency;
Sec. 39.  30-A MRSA §4347-A, sub-§3-A, ¶F, as amended by PL 2011, c. 655, 
Pt. JJ, §21 and affected by §41, is further amended to read:
F.  Provide ample opportunity for the municipality or multimunicipal region submitting 
a comprehensive plan to respond to and correct any identified deficiencies in the plan 
revise the plan to be consistent with the procedures, goals and guidelines of this 
subchapter. A finding of inconsistency for a comprehensive plan may be addressed 
within 24 months of the date of the finding without addressing any new review 
standards that are created during that time interval. After 24 months, the plan must be 
resubmitted in its entirety for state review under the department's most current review 
standards.
Sec. 40.  30-A MRSA §4347-A, sub-§3-A, as amended by PL 2011, c. 655, Pt. JJ, 
§21 and affected by §41, is further amended by amending the first blocked paragraph to 
read:
If the department finds that a plan is not consistent with the procedures, goals and 
guidelines established in this subchapter, the municipality or multimunicipal district region 
that submitted the plan may appeal that finding to the department within 20 business days 
of receipt of the finding in accordance with rules adopted by the department, which are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
Sec. 41.  30-A MRSA §4347-A, sub-§3-A, as amended by PL 2011, c. 655, Pt. JJ, 
§21 and affected by §41, is further amended by amending the 3rd blocked paragraph to 
read:
A finding by the department pursuant to paragraph D that a comprehensive plan is 
consistent with the procedures, goals and guidelines established in this subchapter is valid 
for 12 years from the date of its issuance.  A finding by the former State Planning Office 
department issued pursuant to this subchapter prior to December 31, 2000 after January 1, 
2013 that a comprehensive plan is consistent with the procedures, goals and guidelines 
established in this subchapter is valid until December 31, 2012 2028 or 12 years after the 
date of consistency determined by the department, whichever is later.  For purposes of 
section 4314, subsection 3 and section 4352, subsection 2, expiration of a finding of 
consistency pursuant to this subsection does not itself make a comprehensive plan 
inconsistent with the procedures, goals and guidelines established in this subchapter.
Sec. 42.  30-A MRSA §5953-D, sub-§3, ¶D, as amended by PL 2011, c. 655, Pt. 
JJ, §27 and affected by §41 and amended by c. 657, Pt. W, §5, is further amended by 
amending subparagraph (2), division (a) to read:
(a)  Has adopted a comprehensive plan that is determined by the Executive 
Department, former State Planning Office or the Department of Agriculture, 
Conservation and Forestry to be consistent with section 4326, subsections 1 to 
4.
Sec. 43.  Department rules.  Notwithstanding the Maine Revised Statutes, Title 
30-A, section 4312, subsection 4, rules initially adopted by the Department of Agriculture, 
Conservation and Forestry pursuant to this Act are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. 44.  Application. This Act does not apply to a comprehensive plan under the 
Maine Revised Statutes, Title 30-A, chapter 187 that is submitted to the Department of 
Agriculture, Conservation and Forestry for a consistency review within 24 months after the 
final adoption of rules necessary to implement the provisions of this Act unless the relevant 
municipality or multimunicipal region specifically requests that this Act be applied to that 
municipality's or multimunicipal region's submission and the department authorizes that 
application.
SUMMARY
This bill makes changes to the laws governing municipal growth management 
programs by updating terminology and growth management program elements and 
procedures and requiring needs assessment, the addressing of local goals and a future land 
use plan as part of the comprehensive plan.  The bill also clarifies the required components 
of future land use plans.