An Act to Revise the
Maine Legislature, Session 132, LD 1940
Committee Amendment CA_A_H767 (House)
Amends: 30-A MRSA §4312, 30-A MRSA §4326-A

COMMITTEE AMEND1\1ENT" A" to H.P. 1299, L,D, 1940, "An Act to Revise the 
Growth Management Program Laws" 
Amend the bill in section 1 in §4301 in subsection 3 in the 2nd line (page 2, line 8 in 
L,D,) by striking out the following: "that are consistent with the goals established under 
subchapter 2 containing" and inserting the following: 'containing that are consistent with 
the goals established under subchapter 2 and contain' 
Amend the bill in section 1 in §4301 in subsection 3 in the 3rd line (page 2, line 9 in 
L.D.) by striking out the following: "subsections 1 to 4," and insetting the following: 
'subsections 1 to 4,' 
Amend the bill in section 1 in §4301 in subsection 3 in the last line (page 2, line 11 in 
L.D,) by insetting after the following: "H" the following: 'subsection 1 or 2' 
• 
Amend the bill in section 1 in §4301 by striking out all of subsection 4-C (page 2, lines 
to 38 in L.D,) and inserting the following: 
'4-C. Conserved lands. "Conserved lands" means any rural lands that are protected 
from development through conservation easements. through ownership in fee by a 
municipality. the State. the Federal Government or a land conservation organization or 
through other mechanisms, "Conserved lands" includes. but is not limited to. lands under 
pe1manent fee or conservation easement as identified by the Department of Agriculture. 
Conservation and Forest1y in its invent01y of conservation lands and includes lands or 
natural resources owned or managed by or held in trust by or for Indian nations, tribes and 
bands in the State as described in Title 30. chapter 601. "Conserved lands" does not include 
lands with temporaiy protections such as lease agreements. shoreland or municipal land 
use restrictions. carbon offset projects or emollment in tree growth or open space current 
use tax law programs in Title 36. chapter 105, subchapters 2-A and 10, respectively.' 
Amend the bill in section 1 in §4301 in subsection 4-D in paragraph C in the last line 
(page 3, line 4 in L.D.) by inserting after the following: "Resources;" the following: 'and' 
Amend the bill in section 1 in §4301 in subsection 4-D by striking out all of paragraphs 
D and E (page 3, lines 5 and 8 in L.D.) and insetting the following: 
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Co:tvfMTITEE AMENDMENT 'A" to H.P. 1299, L.D. 1940 
'D. Geographic areas described in the Natural Areas Program established in Title 12. 
chapter 201-A, subchapter 1, including areas containing threatened or endangered plant 
species.' 
Amend the bill in section 1 in §4301 in subsection 5-D in the 2nd and 3rd lines (page 
4, lines 6 and 7 in L.D.) by striking out the following: "that promote a pattern of 
development through the identification of'' and inserting the following: 'used to determine 
if a pattern of development promotes' 
Amend the bill in section 1 in §4301 in subsection 6-C in the last 5 lines (page 4, lines 
to 28 in L.D.) by striking out the following: "a placetype or portion of a placetype that 
has been identified by a municipality or multimunicipal region in a comprehensive plan as 
an area for development and investment, including, but not limited to, new roads, utilities 
and infrastructure expansion. "Growth area" includes high-impact conidors." and inserting 
the following: 17 an area that is designated in a municipality's or multimunicipal region's 
comprehensive plan as suitable for orderly residential, commercial or industrial 
development, or any combinations of those types of development; or a placetype or portion 
of a placetype that has been identified by a municipality or multimunicipal region in a 
comprehensive plan as an area for intentional development and investment, including. but 
not limited to, new roads, utilities and infrastructure expansion.' 
Amend the bill in section 1 in §4301 by striking out all of subsection 7-A (page 4, lines 
to 44 and page 5, lines 1 to 13 in L.D.) and inserting the following: 
'7-A. Important natural resources, 
11Impo1iant natural resources" means those areas 
in the community that are important for strategic conservation planning purposes and are 
not otherwise classified as critical natural resources, including, but not limited to: 
A. Large habitat blocks as identified by the Department of Inland Fisheries and 
Wildlife: 
B. Habitat connections as identified by the Depaiiment of Inland Fisheries and 
Wildlife; 
C. Focus areas of statewide ecological significance as identified in the Depaiiment of 
Inland Fisheries and Wildlife's federally required wildlife action plan: 
D, Exemplary natural communities as defined by the Natural Areas Program under 
Title 12, section 544: 
E. Impo1iant water resources and associated riparian habitat as identified by the 
Department of Inland Fisheries and Wildlife; or 
F. Barriers and potential barriers to aquatic organism passage as identified by the 
Depaiiment of Inland Fisheries and Wildlife.' 
Amend the bill in section 1 in §4301 in subsection 9 in the 2nd and 3rd lines (page 5, 
lines 29 and 30 in L.D.) by striking out the following: "subsections 1 to 4" and inserting 
the following: 'subsection 1 or 2' 
Amend the bill in section 1 in §4301 by striking out all of subsection 14-C (page 6, 
lines 35 to 40 in L.D.) and inse1iing the following: 
'14-C. Transitional area, "Transitional area" means an area that is designated in a 
municipality's or multimunicipal region's comprehensive plan as suitable for a share of 
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COMMITTEE AMENDMENT'/+,, to H.P. 1299, L.D, 1940 
projected residential, commercial or industrial development but that is neither intended to 
accept the amount or density of development appropriate for a growth area nor intended to 
provide the level of protection for rural resources afforded in a rural area or critical rural 
area,' 
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; afld 
Sec. 3. 30-A MRSA §4312, sub-§2, ~, as enacted by PL 2001, c. 578, §8, is 
amended to read: 
I. 
Encourage the development and implementation of multimunicipal growth 
management programs7: 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 inserting 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 H in 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: "afld/ 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" 
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 effo1is
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 inse11ing the following: 
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COMMITTEE AMENDMENT 'A' to H.P. 1299, L.D. 1940 
'Sec. 13. 30-A MRSA §4326-A is enacted to read: 
§4326-A. Growth management program options; elements 
A municipality or multimunicipal region seeking certification of a comprehensive plan 
has the option of meeting the requirements of either subsection 1 or 2. 
1. Option A. A growth management program must include at least a comprehensive 
plan, as described in paragraphs A to E, including a timetable for the implementation 
program. 
A. A comprehensive plan must include: 
(1) 
An invent01y and mapping of environmental systems data and other 
info1mation important to making land use decisions, which must include, but is not 
limited to, any maps maintained and made available by the State related to all 
critical natural resources, all important natural resources and all data layers 
provided by the Department of Inland Fisheries and Wildlife: 
(2) An inventory and mapping of conserved lands, identified using data and maps 
from federal and state agencies, regional councils and relevant local sources, as 
applicable: 
(3) Identification or description of locally important farmland, agricultural soils, 
forest land, mineral resources, working waterfronts, heritage coastal areas, scenic 
areas, public water supplies, other lands and water important to the local or regional 
natural resource-based economy and land in Maine tree growth, fa1mland and open 
space and working waterfront protection tax programs in Title 36, chapter 105, 
subchapters 2-A, 10 and 10-A, respectively. 
As used in this subparagraph, 
"heritage coastal areas" means areas containing an assemblage of geological, 
botanical, zoological, historical or scenic features of exceptional state or national 
significance: and 
(4) A climate vulnerability assessment, where available from the State, or a local 
climate action plan. 
B. A comprehensive plan must designate, map and describe: 
(1) Rural areas, including any critical rural areas deserving of protection from 
unrestricted development, and open lands, including areas deserving additional 
protections not provided by federal or state law, rule or regulation or local 
ordinance. Within areas identified and mapped as rural areas or critical rural areas, 
the comprehensive plan must identify any existing or proposed placetypes within 
these rural and critical rural areas, which may include, but are not limited to, 
placetypes described in department rules: 
(2) Suburban areas, which may include identification of areas of existing suburban 
development, intended new suburban development or areas intended to transition 
from suburban development to another placetype, 
Within areas mapped as 
suburban areas, the comprehensive plan must identify any existing or proposed 
placetypes within these suburban areas, which may include, but are not limited to, 
placetypes described in department rules: 
(3) Areas or centers of existing or intended human and community activity, 
including placetypes not identified in subparagraph (1) or (2) that are described in 
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COMMITTEE AMENDMENT 'A" to H.P. 1299, L.D. 1940 
department rules, including existing or proposed downtowns, high-impact 
corridors or other placetypes described and designated locally: and 
(4) Growth areas, which are placetypes or portions of placetypes identified and 
mapped pursuant to subparagraph (3), where investment by the municipality and 
the State may be necessaiy to implement the comprehensive plan, Identification 
of designated growth areas must be informed by and consistent with the needs 
analysis required by paragraph C and the goals established under paragraph D. 
The municipality or multimunicipal region may identify as its growth areas one or 
more growth areas 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. 
A municipality or multimunicipal region is not required to identify growth ai·eas 
within the municipality or multimunicipal region for residential, commercial, 
industrial or mixed-use growth if it demonstrates, in accordance with rules adopted 
by the department pursuant to this article, that 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, ve1y 
shallow soils or limitations imposed by protected natural resources. 
A municipality or multimunicipal region exercising the discretion afforded by this 
subparagraph to not identify growth areas shall review the basis for its asse1tion 
during the periodic revisions unde1taken pursuant to section 4347-A. 
This paragraph does not prohibit a municipality or a multimunicipal region from 
identifying, describing or mapping placetypes not defined in this subchapter or in iules 
adopted pursuant to this subchapter. A municipality or multimunicipal region may use 
different names for placetypes defined in this subchapter or in rules adopted pursuant 
to this subchapter in order to reflect local nomenclature or preferences. 
C. 
A comprehensive plan must include a needs analysis that identifies existing 
conditions or desired conditions within the municipality or multimunicipal region that 
are necessaiy to suppo1t housing, economic growth and development; protect the 
public health, safety and welfai·e of the community: and protect the environment and 
critical resources. 
For all areas identified under paragraphs A and B, the comprehensive plan must 
identify needs related to ensuring protection of critical natural resources, water quality 
and, as applicable, access to coastal waters for commercial activities and protection of 
agricultural and forest resources. 
The comprehensive plan must include a narrative section describing the analysis 
conducted pursuant to this subsection and how it info1med the identification of each 
need listed in the comprehensive plan. The nan·ative section must describe any public 
input received, including public input received in response to solicitation of public 
comment pursuant to section 4324, subsection 3, and how that input informed the 
identification of needs listed in the comprehensive plan. 
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COMMITTEE AMENDMENT" A,, to H.P. 1299, L.D. 1940 
D. The comprehensive plan must include a narrative section that outlines the goals the 
municipality or multimunicipal region has established to address each of the needs 
identified under paragraph C. The natTative must describe how the municipality's or 
the multimunicipal region's goals: 
(1) Address the needs identified pursuant to paragraph C; 
(2) Align with state goals listed in section 4312; and 
(3) Align or, if applicable, conflict with the goals of the region. 
E. The comprehensive plan must include a section that describes how the goals 
established in paragraph D will be implemented, including: 
(1) Identification of and a description of land use policies and land use ordinances 
to be adopted in order to align with the maps created pursuant to this subsection 
where those policies and ordinances are applicable; 
(2) For municipalities with zoning ordinances, establishment of development 
standards applicable to implement the goals in paragraph D: 
(3) Plans for capital investment and. iffeasible, identification of sources of capital: 
and 
( 4) Establishment of the timetable for the implementation program. 
2. Option B. A growth management program must include at least a comprehensive 
plan, as described in paragraphs A to F. 
A. A comprehensive plan must include an invento1y 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 
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 depaitment shall adopt rnles to 
establish a tiered framework for invento1y 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 necessaiy to suppo1t 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. 
B. A comprehensive plan must include a local goals and policy development section 
that relates the needs assessment contained in the invento1y and analysis section under 
paragraph A to the state goals. The policies must: 
(1) Promote the state goals under this subchapter; 
(2) 
Address any conflicts between state goals and local goals under this 
subchapter; 
(3) Address any conflicts between regional and local issues; 
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COMMITTEE AMENDMENT "A" to H.P. 1299, L.D. 1940 
(4) 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 
(5) Promote consistency with the State's climate action plan under Title 3 8, section 
577. 
C. A comprehensive plan must include an implementation strategies section that 
contains a timetable for the implementation program described in paragraph F, 
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 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. 
D. A comprehensive plan must include a future land use plan as described in this 
paragraph. 
(1) Except as otherwise provided in this paragraph, 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. 
(2) 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. 
(3) 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. 
( 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; or 
(c) The municipality or multimunicipal region has no downtown or densely 
developed area. 
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COMMITTEE AMENDMENT A" to H.P. 1299, L.D. 1940 
(5) 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 intedocal agreement adopted in accordance with chapter 115 with one or more 
municipalities or multimunicipal regions. 
(6) A municipality or multimunicipal region exercising the discretion afforded by 
subparagraph (4) shall review the basis for its assertion during the periodic 
revisions unde1taken pursuant to section 4347-A. 
E. 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, transp01tation facilities and others. 
This program must provide for consistency with the comprehensive plans of other 
municipalities or multimunicipal regions for these resources and facilities. 
F. An implementation program must be adopted that is consistent with the strategies 
in the comprehensive plan prepared pursuant to this subsection. In developing its 
implementation program, a municipality or multimunicipal region shall employ the 
following guidelines consistent with the goals of this subchapter. 
(1) Within growth areas, a 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 
floodplains and areas of high erosion. 
(2) 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: 
11information
the following: 'system data and maps' 
Amend the bill by striking out all of sections 24 and 25 and insetting 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. 
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COMMITTEE AMENDMENT •A" to H.P. 1299, L,D, 1940 
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 
necessary to implement the Maine Revised Statutes, Title 3 0-A, chapter 187, sub chapter 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 
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 majority report of the committee, makes the following 
changes to the bill. 
1. It amends the definition of "growth area" to reflect both options for the creation of 
a growth management program. 
2. 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. 
3. It provides an alternative method for a municipality or multimunicipal region to 
develop a growth management program. 
4. It removes the requirement that the Maine Office of Community Affairs adopt rules 
that describe specific placetype descriptions governing the growth management program. 
5. It requires that only the rules initially adopted by the Maine Office of Community 
Affairs to implement this legislation are major substantive rules, 
6. It removes the requirement that the Maine Office of Community Affairs include 
specific representatives in the stakeholder group required in this legislation. 
7. 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 
Fiscal Detail and Notes 
Approved: 06/06/25 LRL 
LD 1940 
LR289(02) 
An Act to Revise the Growth Management Program Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'Jf {{1-7 {p 7) 
Committee: Housing and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Potential cutTent biennium revenue increase - General Fund 
The Department of Agriculture, Conservation and Forestry has indicated that if initiatives in the proposed biennial 
budget regarding the transfer of duties from-the department to the Maine Office of Community Affairs (MOCA) ar -
request to make 2 limit-period positions pennanent are included in the enacted bill, the provisions of this bill can l:, 
accomplished within existing budgeted resources. If these provisions are not included in the budget, the department 
would require additional appropriations of $135,672 in fiscal year 2025-26 and $146,311 in fiscal year 2026-27 for 
one limited-period Policy Development Specialist position and associated position costs. 
Any additional costs to the MOCA from the_provisions of this bill are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR0289(02) - Fiscal Note - Page 1 of 1