An Act to Prioritize
Maine Legislature, Session 132, LD 0970
Committee Amendment CA_A_H449 (House)
Amends: 38 MRSA §488

COMMITTEE AMENDMENT "A" to H.P. 630, L.D. 970, "An Act to Prioritize 
Affordable Housing by Expediting Reviews for Affordable Housing Projects Applying for 
Funding from the Maine State Housing Authority" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Support Affordable Housing Development' 
Amend the bill by striking out eve1ything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §488, sub-§30 is enacted to read: 
30, Exemption for construction of new dwelling units at existing development. 
New construction of dwelling units at an existing development that has been permitted 
pursuant to this aiiicle is exempt from review under this a1iicle if: 
A. The additional disturbed area not to be revegetated does not exceed 40,000 square 
feet ground area in any calendar year and does not exceed 80,000 square feet ground 
area in total; 
B. Any new dwelling units to be constructed that are designed to accommodate more 
than 4 families are connected to a public water and sewer system; 
C. The new construction is not contra1y to the terms or conditions of the permit, other 
than by the addition of new disturbed area for dwelling units. An area designated by 
the pennit for stonn water management or for natural resource or visual buffers may 
not be developed under this exemption. Subsurface wastewater disposal systems or 
wells may not be constructed in an area excluded by the pennit for the placement of 
those systems; and 
D. The permittee annually notifies the depatiment of any new construction conducted 
during the previous 12 months that is eligible for the exemption under this subsection. 
The notice must identify the type, location and ground area of the new construction. 
With the annual notification, the pe1111ittee shall provide to the depaiiment development 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 630, L.D. 970 
plans certified by a professional engineer for the new construction undertaken pursuant 
to this subsection. 
When review under this atiicle is required at an existing development permitted pursuant 
to this atiicle, the pennittee shall provide plans for the new development, as well as for any 
activities that have been previously unde1iaken pursuant to this subsection. The pennittee 
shall demonstrate that activities undetiaken pursuant to this subsection met the 
requirements for storm water management in effect when the activities were unde1iaken 
and that were applicable to the activity considering the entirety of the development. 
For purposes of this subsection, "dwelling unit" means any paii of a structure that, through 
sale or lease, is intended for human habitation, including single-family and multifamily 
housing, access01y dwelling units, condominiums, apaiiments and time-share units.' 
Amend the bill by relettering or renumbering any nonconsecutive Pati letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and changes the title. It exempts from site location 
of development review under the Maine Revised Statutes, Title 38, chapter 3, subchapter 
1, atiicle 6 new construction of dwelling units at an existing development that has been 
pem1itted under atiicle 6. 
COMMITTEE AMENDMENT