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LD1143 • 2025
An Act to Update Language on Setback Variances for Single-family Dwellings
An Act to Update Language on Setback Variances for Single-family Dwellings
Housing
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
- Sponsor
- Senator James Libby
- Last action
- 2025-06-11
- Official status
- Signed by the Governor
- Effective date
- Not listed
Plain English Breakdown
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
An Act to Update Language on Setback Variances for Single-family Dwellings
An Act to Update Language on Setback Variances for Single-family Dwellings
Sponsor:
Senator James Libby
Reference committee:
Housing and Economic Development
Governor action:
Signed by the Governor
What This Bill Does
- An Act to Update Language on Setback Variances for Single-family Dwellings
Sponsor:
Senator James Libby
Reference committee:
Housing and Economic Development
Governor action:
Signed by the Governor
Limits and Unknowns
- This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Adopted by House & Senate
Plain English: Page 1 - 132LR2155(02)
COMMITTEE AMENDMENT
1 L.D.
- Page 1 - 132LR2155(02)
COMMITTEE AMENDMENT
1 L.D.
- 1143
2 Date: (Filing No.
- S- )
3HOUSING AND ECONOMIC DEVELOPMENT
4 Reproduced and distributed under the direction of the Secretary of the Senate.
- 5STATE OF MAINE
6SENATE
7132ND LEGISLATURE
8FIRST SPECIAL SESSION
9 COMMITTEE AMENDMENT “ ” to S.P.
Bill History
-
2025-06-11
Governor
Signed by the Governor
-
2025-06-05
Senate
PASSED TO BE ENACTED , in concurrence.
-
2025-06-04
House
PASSED TO BE ENACTED . Sent for concurrence. ORDERED SENT FORTHWITH.
-
2025-06-03
Committee
Reported Out; OTP-AM/ONTP
-
2025-05-09
Committee
Work Session Held
-
2025-05-09
Committee
Voted; Divided Report
-
2025-03-18
Committee
Referred to Committee on Housing and Economic Development.
Official Summary Text
An Act to Update Language on Setback Variances for Single-family Dwellings
Sponsor:
Senator James Libby
Reference committee:
Housing and Economic Development
Governor action:
Signed by the Governor
Current Bill Text
Read the full stored bill text
Page 1 - 132LR2155(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 474 - L.D. 1143
An Act to Update Language on Setback Variances for Single-family
Dwellings
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4353, sub-§4-B, as amended by PL 1993, c. 627, §1, is
further amended to read:
4-B. Set-back Setback variance for single-family dwellings. A municipality may
adopt an ordinance that permits the board to grant a set-back setback variance for a single-
family dwelling. An ordinance adopted under this subsection may permit a variance from
a set-back setback requirement only when strict application of the zoning ordinance to the
petitioner and the petitioner's property would cause undue hardship. The term "undue
hardship" as used in this subsection means:
A. The need for a variance is due to the unique circumstances of the property and not
to the general conditions in the neighborhood;
B. The granting of a variance will not alter the essential character of the locality;
C. The hardship is not the result of action taken by the applicant or a prior owner;
D. The granting of the variance will not substantially reduce or impair the use of
abutting property; and
E. That the granting of a variance is based upon demonstrated need, not convenience,
and no other feasible alternative is available.
An ordinance adopted under this subsection is strictly limited to permitting a variance from
a set-back setback requirement for a single-family dwelling that is the primary year-round
residence of the petitioner. A variance under this subsection may not exceed 20% of a set-
back setback requirement and may not be granted if the variance would cause the area of
the dwelling to exceed the maximum permissible lot coverage. An ordinance may allow
for a variance under this subsection to exceed 20% of a set-back setback requirement,
except for minimum setbacks from a wetland or water body required within shoreland
zones by rules adopted pursuant to Title 38, chapter 3, subchapter I 1, article 2‑B, if the
petitioner has obtained the written consent of an affected abutting landowner.
APPROVED
JUNE 11, 2025
BY GOVERNOR
CHAPTER
263
PUBLIC LAW