An Act to Revise the
Maine Legislature, Session 132, LD 1940
Committee Amendment CA_B_H768 (House)
Amends: 30-A MRSA §4301, 30-A MRSA §4312, 30-A MRSA §4326-A

COJvIMITTEE AMENDl'vIENT" B" to H.P. 1299, L.D. 1940, "An Act to Revise the 
Growth Management Program Laws" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec, 1. 30-A MRSA §4301, sub-§1, as conected by RR2017, c. 1, §22, is repealed 
and the following enacted in its place: 
1. Affordable housing. "Affordable housing" means a decent, safe and sanita1y 
dwelling as follows: 
F. Rental housing that a household whose income does not exceed 80% of the median 
income for the area as defined by the United States Depa1tment of Housing and Urban 
Development under the United States Housing Act of 1937. Public Law 75-412, 50 
Stat. 888, Section 8, as amended, can afford without spending more than 30% of the 
household's monthly income on housing costs: and 
G. With respect to housing that is owned, housing that a household whose income does 
not exceed 120% 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, can afford without 
spending more than 30% of the household's monthly income on housing costs. 
Sec. 2. 30-A MRSA §4301, sub-§1-A, as enacted by PL 2005, c. 244, §1, is 
amended to read: 
1-A. Cluster development. "Cluster development" means a form of development that 
allows a subdivisioa design in which individual lot sizes and setbacks are reduced in 
exchange for the creation of common open space and recreation areas, the preservation of 
environmentally sensitive areas, agriculture and silviculture and the reduction in the size 
of road and utility systems. 
Sec. 3. 30-A MRSA §4301, sub-§12-A is enacted to read: 
12-A. Placetype. 
"Placetype" means a definable geographic settlement pattern 
identifiable by the type of activities that occur there and by a set of characteristics related 
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COMMITTEEAMENDMENT"B"toH.P.1299,L.D.1940 
to its location, including the proximity and relationship to natural resources and rural areas; 
the size of the developed area: the arrangement of buildings and their uses: the pattern and 
an-angement of streets: the type of infrastructure available: and the presence of civic spaces 
and civic buildings. 
Sec. 4. 30-A MRSA §4301, sub-§14-B, as amended by PL 2021, c. 590, Pt. A, §5, 
is further amended to read: 
14-B. Rural area. "Rural area" means a geographic area that is identified and 
designated in a municipality's or multimunicipal region's comprehensive plan as an area 
that is deserving of some level of regulatory protection from umestricted development for 
purposes that may include, but are not limited to, supporting farmland and agriculture, 
forest land and forestry, mineral resources and mining, open space, erosion mitigation, 
water retention, wildlife habitat, fisheries habitat, natural resources, open land and scenic 
lands, and away from which most development projected over 10 years is diverted.' 
Amend the bill by striking out all of sections 2 and 3 and inserting the following: 
'Sec. 2. 30-A MRSA §4312, sub-§2, 1G, as amended by PL 2001, c. 578, §7, is 
further amended to read: 
G. Encourage the widest possible involvement by the citizens of each municipality in 
all aspects of the planning and implementation process, in order to ensure that the plans 
developed by municipalities have had the benefit of citizen input; aB:El 
Sec. 3. 30-A MRSA §4312, sub-§2, 1£, as enacted by PL 2001, c. 578, §8, is 
amended to read: 
I. 
Encourage the development and implementation of multimunicipal growth 
management programs,: and 
Sec. 4. 30-A MRSA §4312, sub-§2, 1J is enacted to read: 
J. Encourage cooperation between municipalities and state agencies, regional councils 
established under chapter 119, subchapter 1 and nonprofit organizations when a 
municipality develops its comprehensive plans and establishes local land use policies.' 
Amend the bill in section 4 in subsection 3 by striking out all of paragraph A-1 (page 
7, lines 20 to 24 in L.D.) and inse1iing the following: 
'A-1. To encourage orderly growth and development in areas of each community and 
region while protecting the State's rural character, working lands and natural resource-
based industries and preventing development sprawl and sprawl-associated impacts on 
public health, safety and welfare:' 
Amend the bill in section 4 in subsection 3 in paragraph Hin the 2nd line (page 8, line 
in L.D.) by striking out the following: "forest soils, 
Amend the bill by striking out all of sections 6, 7 and 8. 
Amend the bill in section 9 in subsection 3 in the 4th line (page 9, line 8 in L.D.) by 
striking out the following: "afl:El.." and inserting the following: 'and' 
Amend the bill in section 9 in subsection 3 in the 4th line (page 9, line 8 in L.D.) by 
striking out the following: "and incorporating" 
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COMMITTEE AMENDMENT "8 "to H.P. 1299, L.D. 1940 
Amend the bill in section 10 in paragraph Bin the 4th line (page 9, line 22 in L.D.) by 
,inserting after the following: "website" the following: ', if the municipality maintains such 
a website.' 
Amend the bill in section 11 in §4325 in subsection 1 in the first 2 lines (page 9, lines 
and 34 in L.D.) by striking out the following: "participating in cooperative growth 
management efforts" 
Amend the bill in section 11 in §4325 in subsection 2 in paragraph A in the 3rd line 
(page 9, line 42 in L.D.) by inse11ing after the following: "or" the following: 'jointly' 
Amend the bill by striking out all of section 13 and inserting the following: 
'Sec. 13. 30-A MRSA §4326-A is enacted to read: 
§4326-A. Growth management program elements 
A growth management program must include at least a comprehensive plan, as 
described in subsections 1 to 6. 
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 multi.municipal region 
considers important. The inventory must be based on info1mation provided by the State, 
regional councils and other relevant local sources. The analysis must include 10-year 
projections of local and regional population and residential 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. 
A comprehensive plan must include 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 the public health, safety 
and welfare of the community; and protect the environment and critical natural resources. 
The plan must describe the public input received to determine those needs. 
2. Local goals and policy development. A comprehensive plan must include a local 
goals and policy development section that relates the needs assessment contained in the 
inventory and analysis section under subsection 1 to the state goals. The policies must: 
A. Promote the state goals under this subchapter; 
B. Address any conflicts between state goals and local goals under this subchapter: 
C, Address any conflicts between regional and local issues; 
D. Address the State's coastal management policies under Title 3 8, 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 strategies. 
A comprehensive plan must include an 
implementation strategies section that contains a timetable for the implementation program 
described in subsection 6. 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 and must actively promote 
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policies developed during the planning process. 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. 
4. 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 placetypes. Within the future land use plan, more placetypes 
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: 
0) 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; or 
(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 assertion during the periodic revisions 
undertaken pursuant to section 4347-A. 
5. Regional coordination prog1·am. A comprehensive plan must include a regional 
coordination program, which must be developed with other municipalities or 
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COMMITTEE AMENDMENT 19>" to H.P. 1299, L.D. 1940 
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. 
6. Implementation program. An implementation program must be adopted that is 
consistent with the strategies in the comprehensive plan prepared pursuant to this section. 
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.' 
Amend the bill in section 16 in subsection 5 in the 7th line (page 13, line 26 in L.D.) 
by inserting after the following: "information" the following: 'system data and maps' 
Amend the bill by striking out all of sections 24 and 25 and inserting the following: 
'Sec. 24. Rules; guidance. The Maine Office of Community Affairs, established in 
the Maine Revised Statutes, Title 5, section 3202, shall amend or adopt rules governing the 
growth management program to be consistent with the laws governing the program as 
amended by this Act. Notwithstanding Title 30-A, section 4312, subsection 4, rules initially 
amended or adopted by the Maine Office of Community Affairs pursuant to this section 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. The Maine 
Office of Community Affairs shall adopt guidance to assist municipalities and 
multimunicipal regions on comprehensive plans, including guidance on placetypes. 
Sec. 25. Stakeholder group. Prior to initiating rulemaking as required by this Act, 
the Director of the Maine Office of Community Affairs, or the director's designee, shall 
convene a stakeholder group for the purpose of soliciting input on the development of rules 
necessaty to implement the Maine Revised Statutes, Title 30-A, chapter 187, subchapter 2, 
as amended by this Act. The Joint Standing Committee on Housing and Economic 
Development must be notified of and invited to all meetings of the stakeholder group.' 
Amend the bill by striking out all of section 27 and inserting the following: 
'Sec. 27. Application. This Act does not apply to a comprehensive plan submitted 
for consistency review or growth management program submitted for certification under 
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COMMITTEE AMENDMENT"~" to H.P. 1299, L.D. 1940 
the Maine Revised Statutes, Title 30-A, chapter 187 before the final adoption of rules 
necessary to implement Title 30-A, chapter 187, subchapter 2 as required by this Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, makes the following 
changes to the bill. 
1. It amends the definitions of "affordable housing, 
"cluster development" and "rural 
area." 
2. It adds a definition for 
11placetype.
3. It adds a new state goal to encourage orderly growth and development while 
protecting the State's rural character and industries and preventing development sprawl. 
4. It replaces the method for a municipality or multimunicipal region to develop a 
growth management program. 
5. It removes the requirement that the Maine Office of Community Affairs adopt rules 
that describe specific placetype descriptions governing the growth management program. 
6. It requires that only the rules initially adopted by the Maine Office of Community 
Affairs to implement this legislation are major substantive rules. 
7. It removes the requirement that the Maine Office of Community Affairs include 
specific representatives in the stakeholder group required in this legislation. 
8, It adds the requirement that the Maine Office of Community Affairs notify and 
invite the Joint Standing Committee on Housing and Economic Development to 
stakeholder meetings. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/25 L-Rl-
LD 1940 
LR 289(03) 
An Act to Revise the Growth Management Program Laws 
Fiscal Note for Bill as A~ended by Committee Amendment i3 { H-7 b g l 
Committee: Housing and Economic Development 
/ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Office of Conununity Affairs or to the Department of Agricultme, Conservation and 
Forestly from the provisions of this bill are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR0289(03) - Fiscal Note - Page 1 of 1