An Act to Prohibit
Maine Legislature, Session 132, LD 0427
Committee Amendment CA_A_H456 (House)

COMMITTEE AMENDMENT ~A " 
to H.P. 281, L.D. 427, "An Act to Prohibit 
Mandatory Parking Space Minimums in State and Municipal Building Codes" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Regulate Municipal Parking Space Minimums' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 30-A MR.SA §4364-D is enacted to read: 
§4364-D. Minimum parking space requirements; limitations 
1. Definitions. As used in this section, unless the context otherwise indicates. the 
following terms have the following meanings. 
A. "Parking agreement" means a legally binding agreement between a property 
developer and the owner of an off-site parking facility to provide required parking 
spaces within 0.25 miles of a development site. 
B. "Transit stop" means any fixed route public transportation stop providing bus. rail 
or ferry service at least once per hour during peak times on weekdays on a year-round 
basis. excepting holidays. 
2. Prohibition of minimum parking space requirements near transit stops. A 
municipality may not reguire a property developer to provide off-street parking spaces for 
any residential, commercial or mixed-use development located within 0.25 miles of a 
trans'it stop. A municipality may not impose alternative parking requirements. such as 
mandatory shared parking arrangements. that effectively create a parking minimum in areas 
within 0.25 miles of a transit stop. 
3. Limitation of minimum parking space requirements in growth areas. A 
municipality may not reguire more than one off-street parking space per dwelling unit for 
a residential development within a designated growth area of a municipality, but a 
municipality may impose maximum parking space requirements or reguire parking demand 
Page I - 132LR1088(02) 
COMMITTEE AMENDMENT 
COMMIT~EE AMENDMENT "A" to H.P. 281, L.D. 427 
management strategies that do not reguire more than one off-street parking space per 
dwelling unit. 
4. Legalization of off-site parking agreements. A municipality must allow a 
devel<;>per to satisfy municipal parking requirements through off-site parking agreements 
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with existing parking facilities located within 0.25 miles of a development site. A developer 
engaged in an off-site parking agreement shall provide to the municipality documentation 
demonstrating the availability of sufficient· capacity at the off-site parking facility, as 
determined by a professional parking study or similar evidence acceptable to the 
municipality. A municipality may not impose additional barriers to the approval of such 
parking agreements beyond verifying the adequacy of parking supply. 
5. Rulemaking. The Office of Policy Innovation and-the Future may adopt rules to 
administer and enforce this section. The department may consult with the Maine Office of 
Community Affairs in adopting rules pursuant to this subsection. Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which replaces the bill, establishes limits on minimum parking space 
requirements by establishing requirements for parking near transit stops, in growth areas 
and for off-site parking agreements. 
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COMMITTEE AMENDMENT