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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1662
H.P. 1103 House of Representatives, April 15, 2025
An Act to Amend the Laws Regarding Zoning and Land Use
Restrictions to Limit Certain Requirements to Municipalities with
Populations of More than 10,000
Reference to the Committee on Housing and Economic Development suggested and
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SOBOLESKI of Phillips.
Cosponsored by Senator MARTIN of Oxford and
Representatives: CAMPBELL of Orrington, COLLINS of Sidney, PAUL of Winterport,
SMITH of Palermo, Senator: BRADSTREET of Kennebec.
Page 1 - 132LR0790(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 30-A MRSA §4364-A, sub-§1, as amended by PL 2023, c. 192, §6, is
3 further amended to read:
41. Use allowed. Notwithstanding any provision of law to the contrary, except as
5 provided in Title 12, chapter 423‑A, for any area in which residential uses are allowed,
6 including as a conditional use, a municipality shall allow structures with up to 2 dwelling
7 units per lot if that lot does not contain an existing dwelling unit, except that a municipality
8 with a population of more than 10,000 shall allow up to 4 dwelling units per lot if that lot
9 does not contain an existing dwelling unit and the lot is located in a designated growth area
10 within a municipality consistent with section 4349‑A, subsection 1, paragraph A or B or if
11 the lot is served by a public, special district or other centrally managed water system and a
12 public, special district or other comparable sewer system in a municipality without a
13 comprehensive plan.
14 A municipality shall allow on a lot with one existing dwelling unit the addition of up to 2
15 dwelling units: one additional dwelling unit within or attached to an existing structure or
16 one additional detached dwelling unit, or one of each.
17 A municipality may allow more units than the number required to be allowed by this
18 subsection.
19Sec. 2. 30-A MRSA §4364-A, sub-§2, as amended by PL 2023, c. 192, §8, is
20 further amended to read:
212. Zoning requirements. With respect to dwelling units allowed under this section,
22 municipal zoning ordinances in a municipality with a population of more than 10,000 must
23 comply with the following conditions.
24 A. If more than one dwelling unit has been constructed on a lot as a result of the
25 allowance under this section or section 4364‑B, the lot is not eligible for any additional
26 increases in density except as allowed by the municipality.
27 B. A municipal zoning ordinance may establish a prohibition or an allowance for lots
28 where a dwelling unit in existence after the implementation date is torn down and an
29 empty lot results.
30Sec. 3. 30-A MRSA §4364-B, sub-§1, as amended by PL 2023, c. 192, §12, is
31 further amended to read:
321. Use permitted. Except as provided in Title 12, chapter 423‑A, a municipality with
33 a population of more than 10,000 shall allow an accessory dwelling unit to be located on
34 the same lot as a single-family dwelling unit in any area in which residential uses are
35 permitted, including as a conditional use.
36Sec. 4. 30-A MRSA §4364-B, sub-§1-C is enacted to read:
371-C. Applicability. The requirements of this section apply only to a municipality with
38 a population of more than 10,000.
Page 2 - 132LR0790(01)
1SUMMARY
2 This bill modifies provisions of law governing zoning ordinances and placement of
3 dwelling units and accessory dwelling units in residential areas by limiting certain
4 provisions to apply only to a municipality with a population of more than 10,000.
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