An Act to Improve the Growth Management Program Laws

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1169 - L.D. 1751
An Act to Improve the Growth Management Program Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4301, sub-§1, as corrected by RR 2017, c. 1, §22, is repealed
and the following enacted in its place:
1. Affordable housing. "Affordable housing" means a decent, safe and sanitary
dwelling as follows:
A. Rental housing that a household whose income does not exceed 80% 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; and
B. 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 subdivision 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-§3, as enacted by PL 1989, c. 104, Pt. A, §45 and
Pt. C, §10 and amended by c. 562, §1, is further amended to read:
3. Comprehensive plan. "Comprehensive plan" means a document or interrelated
documents containing the elements established under section 4326, subsections 1 to 4,
including the strategies for an implementation program which that are consistent with the
procedures, goals and guidelines established under subchapter II 2.
APPROVED
JUNE 20, 2025
BY GOVERNOR
CHAPTER
393
PUBLIC LAW
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Sec. 4. 30-A MRSA §4301, sub-§4-B, as enacted by PL 2001, c. 578, §2, is
repealed.
Sec. 5. 30-A MRSA §4301, sub-§5-B, ¶C, as enacted by PL 1999, c. 776, §7, is
amended to read:
C. Construction or, extension or upgrade of sewer, water and other utility lines
infrastructure;
Sec. 6. 30-A MRSA §4301, sub-§5-B, ¶D, as amended by PL 2001, c. 613, §1, is
further amended to read:
D. Grants and loans for public or quasi-public service infrastructure, public or quasi-
public facilities and community buildings; and
Sec. 7. 30-A MRSA §4301, sub-§5-B, ¶E, as amended by PL 2001, c. 613, §1, is
further amended to read:
E. Construction or expansion of state office buildings, state courts, hospitals and other
quasi-public facilities and other civic buildings that serve public clients and customers.;
Sec. 8. 30-A MRSA §4301, sub-§5-B, ¶F is enacted to read:
F. Development of mixed-use housing projects; and
Sec. 9. 30-A MRSA §4301, sub-§5-B, ¶G is enacted to read:
G. Bicycle and pedestrian infrastructure.
Sec. 10. 30-A MRSA §4301, sub-§9, as amended by PL 2001, c. 578, §4, is further
amended to read:
9. Growth management program. "Growth management program" means a
document containing the components described in section 4326, including the
implementation program, that is consistent with the procedures, goals and guidelines
established by subchapter II 2 and that regulates land use beyond that required by Title 38,
chapter 3, subchapter I 1, article 2‑B.
Sec. 11. 30-A MRSA §4301, sub-§10, as amended by PL 2001, c. 578, §5, is
further amended to read:
10. Planning committee. "Planning committee" means the committee established by
the municipal officers of a municipality or combination of municipalities multimunicipal
region that has the general responsibility established under sections 4324 and 4326.
Sec. 12. 30-A MRSA §4301, sub-§12-A is enacted to read:
12-A. Place type. "Place type" means a definable geographic settlement pattern
identifiable by the type of activities that occur there and by a set of characteristics related
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
arrangement of streets, the type of infrastructure available and the presence of civic spaces
and civic buildings.
Sec. 13. 30-A MRSA §4301, sub-§14-B, as amended by PL 2021, c. 590, Pt. A,
§5, is further amended to read:
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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 unrestricted 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.
Sec. 14. 30-A MRSA §4312, sub-§2, ¶I, as enacted by PL 2001, c. 578, §8, is
repealed.
Sec. 15. 30-A MRSA §4312, sub-§2, ¶J is enacted to read:
J. Encourage cooperation and efficiency among municipalities in the development of
multimunicipal growth management programs, multimunicipal comprehensive plans,
regional inventory and analyses and local and regional policy development.
Sec. 16. 30-A MRSA §4312, sub-§3, ¶A, as amended by PL 2001, c. 578, §9, is
further amended to read:
A. To encourage orderly growth and development in appropriate areas of each
community and region while protecting the State's rural character, making efficient use
of public services working lands, natural resources and natural resource-based
industries and preventing development sprawl and sprawl-associated impacts on public
health, safety and welfare;
Sec. 17. 30-A MRSA §4312, sub-§3, ¶B, as enacted by PL 1989, c. 104, Pt. A,
§45 and Pt. C, §10, is amended to read:
B. To plan for, finance and develop an efficient system of public facilities,
transportation infrastructure and public services to accommodate anticipated growth
and economic development;
Sec. 18. 30-A MRSA §4312, sub-§3, ¶D, as amended by PL 2021, c. 657, §1, is
further amended to read:
D. To promote and work to ensure choice, economic diversity and affordability in
housing for low-income and moderate-income households and use housing policy to
remove barriers to housing production and to help address disparities in access to
educational, occupational and other opportunities;
Sec. 19. 30-A MRSA §4312, sub-§3, ¶D-1 is enacted to read:
D-1. To promote land use policies and land use ordinances that encourage housing in
proximity to jobs and services;
Sec. 20. 30-A MRSA §4312, sub-§3, ¶E, as enacted by PL 1989, c. 104, Pt. A,
§45 and Pt. C, §10, is amended to read:
E. To protect and improve the quality and to manage the quantity of the State's water
resources, including lakes, aquifers, great ponds, estuaries, rivers and coastal areas;
Sec. 21. 30-A MRSA §4312, sub-§3, ¶G, as enacted by PL 1989, c. 104, Pt. A,
§45 and Pt. C, §10, is amended to read:
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G. To protect the State's marine resources industry, ports and harbors from
incompatible development and to promote access to the shore for commercial
fishermen persons who fish commercially and the public;
Sec. 22. 30-A MRSA §4312, sub-§3, ¶L, as amended by PL 2021, c. 657, §3, is
further amended to read:
L. To encourage municipalities to develop policies that accommodate older adults with
aging in place and that encourage, including the creation of age-friendly communities;
and
Sec. 23. 30-A MRSA §4312, sub-§3, ¶N, as enacted by PL 2019, c. 153, §3 and
reallocated by RR 2019, c. 1, Pt. A, §39, is amended to read:
N. To plan for the effects of the rise in natural hazards, including but not limited to
rising sea level, coastal and riverine flooding and extreme weather, on buildings,
transportation infrastructure, sewage treatment facilities and other relevant state,
regional, municipal or privately held infrastructure, property or resources.
Sec. 24. 30-A MRSA §4314, sub-§1, as amended by PL 2003, c. 641, §2, is
repealed.
Sec. 25. 30-A MRSA §4314, sub-§3, ¶D, as amended by PL 2011, c. 655, Pt. JJ,
§16 and affected by §41, is repealed.
Sec. 26. 30-A MRSA §4314, sub-§3, ¶E, as repealed and replaced by PL 2005, c.
397, Pt. A, §31, is amended to read:
E. The ordinance or portion of the ordinance conflicts with a newly adopted
comprehensive plan or plan amendment adopted in accordance with the procedures,
goals and guidelines established in this subchapter, in which case the ordinance or
portion of the ordinance remains in effect for a period of up to 24 months immediately
following adoption of the comprehensive plan or plan amendment; or
Sec. 27. 30-A MRSA §4314, sub-§3, ¶F, as amended by PL 2011, c. 655, Pt. JJ,
§16 and affected by §41, is repealed.
Sec. 28. 30-A MRSA §4317 is enacted to read:
§4317. Adopted comprehensive plan in effect
A comprehensive plan adopted or amended by a municipality or multimunicipal region
under this subchapter remains in effect until amended or repealed in accordance with the
procedures, goals and guidelines established in this subchapter.
Sec. 29. 30-A MRSA §4324, sub-§8, ¶B, as amended by PL 2003, c. 641, §8, is
further amended to read:
B. A copy of the proposed comprehensive plan must be made available for public
inspection at each municipal office or other convenient location with regular public
hours at least 30 days before the hearing and by whatever means the municipality
regularly publishes its public information. If modification of the plan is proposed
pursuant to comments made at a public hearing, and if a follow-up public hearing is to
be held, the proposed changes must be made available for public inspection at each
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municipal office or other convenient location with regular public hours before any
follow-up hearing.
Sec. 30. 30-A MRSA §4325, sub-§1, as amended by PL 1991, c. 622, Pt. F, §28,
is further amended to read:
1. Within municipality. A municipality participating in cooperative growth
management activities may exercise its land use planning and management authority over
the total land area within its jurisdiction.
Sec. 31. 30-A MRSA §4325, sub-§2, ¶A, as amended by PL 2001, c. 578, §14, is
further amended to read:
A. On procedures for joint action in the preparation and adoption of comprehensive
plans, and on whether land use regulations and other implementation measures to be
conducted on a multimunicipal basis will be administered within a municipality or by
2 or more of the municipalities;
Sec. 32. 30-A MRSA §4325, sub-§2, ¶C, as amended by PL 2001, c. 578, §14, is
further amended to read:
C. On the amount and source of contribution from each municipality for any costs
incurred in the development, implementation and enforcement of the comprehensive
plan and its implementation program and on the method of distributing the benefits or
impacts of regional land use, economic development, housing, transportation,
infrastructure and other shared plans and programs.
Sec. 33. 30-A MRSA §4325, sub-§3, as amended by PL 2001, c. 578, §14, is
further amended to read:
3. Requirements. The comprehensive planning and enforcement agreement must be
in writing, approved by the municipal legislative bodies body of each municipality and
forwarded to the office department.
Sec. 34. 30-A MRSA §4326, as amended by PL 2023, c. 646, Pt. A, §§35 to 38, is
further amended to read:
§4326. Growth management program elements
A growth management program must include at least a comprehensive plan, as
described in subsections 1 to 4‑A 4, and an implementation program as described in
subsection 5.
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 multimunicipal region
considers important. The inventory must be based on environmental systems mapping and
other information provided by the State, regional councils and other relevant local sources.
The analysis must include 10-year projections of local and regional growth in population
and residential, commercial and industrial 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. The rules must allow flexibility in the timing and quantity of data
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collected so that communities may pursue a strategy of iterative rounds of public
participation, data collection and data generation and require that the comprehensive plan
include a map of existing conditions that identifies areas in the municipality where
development would be inconsistent with the plan and areas that may be considered suitable
for development. The map of existing conditions must, at a minimum, include data related
to the environment, the natural resource-based economy, local or regional water supplies
and natural hazards. The map is required only if the department provides data and tools
that allow municipalities to produce the map at a minor cost or less.
The inventory and analysis section A comprehensive plan must include, but is not limited
to: a needs assessment that identifies conditions within the municipality or multimunicipal
region that are necessary to support housing, economic growth and development; protect
public health, safety and welfare of the community; and protect the environment and critical
resources. The plan must describe the public input received to determine those needs.
A. Economic and demographic data describing the municipality or multimunicipal
region and the region in which it is located;
B. Significant water resources such as lakes, aquifers, estuaries, rivers and coastal
areas and, when applicable, their vulnerability to degradation;
C. Significant or critical natural resources, such as wetlands, wildlife and fisheries
habitats, significant plant habitats, coastal islands, sand dunes, scenic areas, shorelands,
heritage coastal areas as defined under Title 5, section 3316, and unique natural areas;
D. Marine-related resources and facilities such as ports, harbors, commercial
moorings, commercial docking facilities and related parking, and shell fishing and
worming areas;
E. Commercial forestry and agricultural land;
F. Existing recreation, park and open space areas and significant points of public
access to shorelands within a municipality or multimunicipal region;
G. Existing transportation systems, including the capacity of existing and proposed
major thoroughfares, secondary routes, pedestrian ways and parking facilities;
H. Residential housing stock, including housing for low-income and moderate-income
households, an assessment of community needs and environmental effects of municipal
regulations, an examination of the effect of excessive parking requirements that limit
the reuse of upper floors of buildings in downtowns and on main streets and an
identification of opportunities for accessory dwelling units;
H-1. Housing that meets the needs of older residents, including housing that is
rehabilitated, adapted or newly constructed to help older adults age in place;
I. Historical and archeological resources including, at the discretion of the municipality
or multimunicipal region, stone walls, stone impoundments and timber bridges of
historical significance;
J. Land use information describing current and projected development patterns;
K. An assessment of capital facilities and public services necessary to support growth
and development and to protect the environment and health, safety and welfare of the
public and the costs of those facilities and services; and
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L. For a municipality or multimunicipal region that has adopted a local climate action
plan, a climate vulnerability assessment specific to the municipality or multimunicipal
region prepared by the municipality or multimunicipal region.
2. Policy development. A comprehensive plan must include a local goals and policy
development section that relates the findings contained in the inventory and analysis
section to the state goals and to the local goals. The policies must:
A. Promote the state goals under this subchapter;
B. Address any conflicts between state goals under this subchapter;
C. Address any conflicts between regional and local issues; and
D. 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
E. Promote consistency with the State's climate action plan under Title 38, section 577.
3. Implementation strategy. A comprehensive plan must include an implementation
strategy section that contains a timetable for the implementation program, 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 as described in subsection 5 and must actively promote policies
developed during the planning process. The timetable must identify significant ordinances
to be included in the implementation program. The strategies and timetable must guide the
subsequent adoption of policies, programs and land use ordinances, including a capital
investment plan for the replacement and expansion of public facilities and services required
to meet projected growth and development, and periodic review of the comprehensive plan.
The department shall develop and maintain a catalog of implementation strategies
appropriate for various place types.
3-A. Guidelines for policy development and implementation strategies. In
developing its strategies and subsequent policies, programs and land use ordinances, each
municipality or multimunicipal region shall employ the following guidelines consistent
with the goals of this subchapter:
A. Except as otherwise provided in this paragraph, identify and designate geographic
areas in the municipality or multimunicipal region as growth areas and rural areas, as
defined in this chapter.
(1) Within growth areas, each 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 flood
plains and areas of high erosion.
(2) Within rural areas, each 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
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rights pursuant to section 4328 and performance standards. The municipality or
multimunicipal region should also identify which rural areas qualify as critical
rural areas as defined in this chapter. Critical rural areas must receive priority
consideration for proactive strategies designed to enhance rural industries, manage
wildlife and fisheries habitat and preserve sensitive natural areas.
(3) A municipality or multimunicipal region may also designate as a transitional
area any portion of land area that does not meet the definition of either a growth
area or a rural area. Such an area may be appropriate for medium-density
development that does not require expansion of municipal facilities and does not
include significant rural resources.
(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;
(c) The municipality or multimunicipal region has identified 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; or
(d) The municipality or multimunicipal region has no village or densely
developed area.
(6) A municipality or multimunicipal region exercising the discretion afforded by
subparagraph (4) shall review the basis for its demonstration during the periodic
revisions undertaken pursuant to section 4347‑A;
B. Develop a capital investment plan for financing the replacement and expansion of
public facilities and services required to meet projected growth and development;
C. Protect, maintain and, when warranted, improve the water quality of each water
body pursuant to Title 38, chapter 3, subchapter I, article 4‑A and ensure that the water
quality will be protected from long-term and cumulative increases in phosphorus from
development in great pond watersheds;
D. Ensure that its land use policies and ordinances are consistent with applicable state
law regarding critical natural resources. A municipality or multimunicipal region, if
authorized to enact ordinances, may adopt ordinances more stringent than applicable
state law;
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E. Ensure the preservation of access to coastal waters necessary for commercial
fishing, commercial mooring, docking and related parking facilities. Each coastal area
may identify and designate one or more critical waterfront areas and implement
policies to ensure protection of those areas or otherwise discourage new development
that is incompatible with uses related to the marine resources industry;
F. Ensure the protection of agricultural and forest resources. Each municipality or
multimunicipal region shall discourage new development that is incompatible with
uses related to the agricultural and forest industries;
G. Ensure that the municipality's or multimunicipal region's land use policies and
ordinances encourage the siting and construction of affordable housing within the
community and comply with the requirements of section 4358 pertaining to individual
mobile home and mobile home park siting and design requirements. The municipality
or multimunicipal region shall seek to achieve a level of at least 10% of new residential
development, based on a 5-year historical average of residential development in the
municipality or multimunicipal region, that meets the definition of affordable housing.
A municipality or multimunicipal region is encouraged to seek creative approaches to
assist in the development of affordable housing, including, but not limited to:
(1) Cluster housing;
(2) Reduced minimum lot and frontage sizes;
(3) Increased residential densities;
(4) Use of municipally owned land;
(5) Establishment of policies that:
(a) Assess community needs and environmental effects of municipal
regulations;
(b) Lessen the effect of excessive parking requirements for buildings in
downtowns and on main streets;
(c) Provide for alternative approaches for compliance relating to the reuse of
upper floors of buildings in downtowns and on main streets;
(d) Promote housing choice and economic diversity in housing; and
(e) Address disparities in access to educational and occupational opportunities
related to housing;
(6) Provisions for accessory dwelling units and greater density where such density
is consistent with other laws governing health and safety;
(7) Promotion of housing options for older adults that address issues of special
concern, including the adaptation, rehabilitation and construction of housing that
helps older adults age in place with adequate transportation and accessibility to
services necessary for them to do so in a safe and convenient manner; and
(8) Establishment of policies that affirmatively advance and implement the federal
Fair Housing Act, 42 United States Code, Chapter 45;
H. Ensure that the value of historical, archeological, tribal and cultural resources is
recognized and that protection is afforded to those resources that merit it;
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I. Encourage the availability of and access to traditional outdoor recreation
opportunities, including, without limitation, hunting, boating, fishing and hiking, and
encourage the creation of greenbelts, public parks, trails and conservation easements.
Each municipality or multimunicipal region shall identify and encourage the protection
of undeveloped shoreland and other areas identified in the local planning process as
meriting that protection;
J. Develop management goals for great ponds pertaining to the type of shoreline
character, intensity of surface water use, protection of resources of state significance
and type of public access appropriate for the intensity of use of great ponds within the
municipality's or multimunicipal region's jurisdiction; and
N. Notwithstanding paragraph G, ensure that in a service center community at least
10% of the housing stock is affordable housing.
3-B. 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 and may include 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. This information may be presented in a narrative or map form.
B. A future land use plan may 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. A future land use plan may identify and designate more place types 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 future land use plan is not required to identify growth areas within the
municipality or multimunicipal region for residential, commercial or industrial growth
if the municipality or multimunicipal region demonstrates, in its comprehensive plan
and in accordance with rules adopted by the department pursuant to this article, that:
(1) 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.
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A municipality or multimunicipal region exercising the discretion afforded by this
paragraph shall review the basis for its demonstration during the periodic revisions
undertaken pursuant to section 4347‑A.
4. Regional coordination program. 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,
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.
4-A. Addressing sea level rise. A municipality or multimunicipal region that is in the
coastal area may include in its comprehensive plan projections regarding changes in sea
level and potential effects of the rise in sea level on buildings, transportation infrastructure,
sewage treatment facilities and other relevant municipal, multimunicipal or privately held
infrastructure or property and may develop a coordinated plan for addressing the effects of
the rise in sea level. For the purposes of this subsection, "coastal area" has the same
meaning as in Title 38, section 1802, subsection 1.
4-B. Addressing climate risks and building resilience to natural hazards. A
municipality or multimunicipal region may include in its comprehensive plan projections
regarding risks posed by climate change as identified in its climate vulnerability assessment
prepared pursuant to subsection 1, paragraph L and the potential effects of those risks on
buildings, transportation infrastructure, sewage treatment facilities and other relevant
municipal, multimunicipal or privately held infrastructure, property or protected natural
resources and may develop a coordinated plan for addressing those risks and for building
resilience to natural hazards.
As used in this subsection, "protected natural resource" has the same meaning as in Title
38, section 480‑B, subsection 8.
5. Implementation program. An implementation program must be adopted that is
consistent with the strategies in subsection 3‑A elements of the comprehensive plan
prepared pursuant to subsections 1 to 4 and this subsection. 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
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must receive priority consideration for proactive strategies designed to enhance rural
industries, manage wildlife and fisheries habitats and preserve sensitive natural areas.
Sec. 35. 30-A MRSA §4346, 2nd ¶, as amended by PL 2021, c. 590, Pt. A, §10, is
further amended to read:
The department may enter into financial assistance grants only to the extent that funds
are available. In making grants, the department shall consider the need for planning in a
municipality or multimunicipal region, the proximity of the municipality or multimunicipal
region to other areas that are conducting or have completed the planning process and the
economic and geographic role of the municipality or multimunicipal region within a
regional context. The department shall give priority in making grants to any municipality
or multimunicipal region that has adopted a local climate action plan and, if the
municipality or multimunicipal region has adopted a comprehensive plan or growth
management program, prepared a climate vulnerability assessment pursuant to section
4326, subsection 1, paragraph L. The department may consider other criteria in making
grants, as long as the criteria support the goal of encouraging and facilitating the adoption
and implementation of local and multimunicipal growth management programs consistent
with the procedures, goals and guidelines established in this subchapter. In order to
maximize the availability of the technical and financial assistance program to all
municipalities, multimunicipal regions and regional councils, financial assistance programs
administered competitively under this article are exempt from rules adopted by the
Department of Administrative and Financial Services pursuant to Title 5, section 1825‑C
for use in the purchase of services and the awarding of grants and contracts. The
department shall publish a program statement describing its grant program and advertising
its availability to eligible applicants.
Sec. 36. 30-A MRSA §4346, sub-§5, as amended by PL 2013, c. 300, §6, is further
amended to read:
5. Coordination. State agencies with regulatory or other authority affecting the goals
established in this subchapter shall conduct their respective activities in a manner consistent
with the goals established under this subchapter, including, but not limited to, coordinating
with municipalities, regional councils and other state agencies in meeting the state goals;
providing available information to regions and municipalities and multimunicipal regions
as described in rules adopted pursuant to section 4326, subsection 1; cooperating with
efforts to integrate and provide access to geographic information system data; making state
investments and awarding grant money as described in section 4349‑A; and conducting
reviews of growth management programs as provided in section 4347‑A, subsection 3,
paragraph A. Without limiting the application of this section to other state agencies, the
following agencies shall comply with this subchapter:
B. Department of Economic and Community Development;
C. Department of Environmental Protection;
D. Department of Agriculture, Conservation and Forestry;
E. Department of Inland Fisheries and Wildlife;
F. Department of Marine Resources;
G. Department of Transportation;
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G-1. Department of Health and Human Services;
H. Finance Authority of Maine; and
I. Maine State Housing Authority.
Sec. 37. 30-A MRSA §4347-A, sub-§2, ¶B, as amended by PL 2011, c. 655, Pt.
JJ, §21 and affected by §41, is further amended to read:
B. Certification by the former State Planning Office or the department of a
municipality's or multimunicipal region's growth management program under this
article is valid for 10 12 years. To maintain certification, a municipality or
multimunicipal region shall periodically review its growth management program and
submit to the department in a timely manner any revisions necessary to account for
changes, including changes caused by growth and development. Certification does not
lapse in any year in which the Legislature does not appropriate funds to the department
for the purposes of reviewing programs for recertification.
Sec. 38. 30-A MRSA §4347-A, sub-§3, ¶C, as amended by PL 2011, c. 655, Pt.
JJ, §21 and affected by §41, is further amended by amending subparagraph (3) to read:
(3) Notwithstanding paragraph D, if a municipality or multimunicipal region
requests a certificate of consistency for its growth management program, any
unmodified component of that program that has previously been reviewed by the
former State Planning Office or the department and has received a finding of
consistency will retain that finding during program certification review by the
department as long as the finding of consistency is current as defined in rules
adopted by the department;
Sec. 39. 30-A MRSA §4347-A, sub-§3-A, ¶A, as amended by PL 2011, c. 655,
Pt. JJ, §21 and affected by §41, is further amended to read:
A. Solicit written comments on any proposed comprehensive plan from regional
councils, state agencies, all municipalities contiguous to the municipality or
multimunicipal region submitting a comprehensive plan and any interested residents
of the municipality or multimunicipal region or of contiguous municipalities. The
comment period extends for 25 20 business days after the department receives the a
comprehensive plan that has been determined complete by the department. Each state
agency reviewing the proposal shall designate a person or persons responsible for
coordinating the agency's review of the comprehensive plan;
Sec. 40. 30-A MRSA §4347-A, sub-§3-A, ¶C, as amended by PL 2011, c. 655,
Pt. JJ, §21 and affected by §41, is further amended to read:
C. Within 35 10 business days after receiving the comprehensive plan, notify the
municipality or multimunicipal region if the plan is complete for purposes of review.
If the department notifies the municipality or multimunicipal region that the plan is not
complete for purposes of review, the department shall indicate in its notice necessary
additional data or information;
Sec. 41. 30-A MRSA §4347-A, sub-§3-A, ¶D, as amended by PL 2011, c. 655,
Pt. JJ, §21 and affected by §41, is further amended to read:
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D. Within 10 35 business days of issuing notification that a comprehensive plan is
complete for purposes of review, issue findings specifically describing whether the
submitted plan is consistent with the procedures, goals and guidelines established in
this subchapter and identify which inconsistencies in the plan, if any, may directly
affect rate of growth, zoning or impact fee ordinances.
(1) In its findings, the department shall clearly indicate its position on any point
on which there are significant conflicts among the written comments submitted to
the department.
(2) If the department finds that the comprehensive plan was developed in
accordance with the procedures, goals and guidelines established in this
subchapter, the department shall issue a finding of consistency for the
comprehensive plan.
(3) A finding of inconsistency must identify the goals under this subchapter not
adequately addressed, specific sections of the rules relating to comprehensive plan
review adopted by the department not adequately addressed and recommendations
for resolving the inconsistency;
Sec. 42. 30-A MRSA §4347-A, sub-§3-A, ¶F, as amended by PL 2011, c. 655,
Pt. JJ, §21 and affected by §41, is further amended to read:
F. Provide ample opportunity for the municipality or multimunicipal region submitting
a comprehensive plan to respond to and correct any identified deficiencies in the plan
revise the plan to be consistent with the procedures, goals and guidelines of this
subchapter. A finding of inconsistency for a comprehensive plan may be addressed
within 24 months of the date of the finding without addressing any new review
standards that are created during that time interval. After 24 months, the plan must be
resubmitted in its entirety for state review under the department's most current review
standards.
Sec. 43. 30-A MRSA §4347-A, sub-§3-A, as amended by PL 2011, c. 655, Pt. JJ,
§21 and affected by §41, is further amended by amending the first blocked paragraph to
read:
If the department finds that a plan is not consistent with the procedures, goals and
guidelines established in this subchapter, the municipality or multimunicipal district region
that submitted the plan may appeal that finding to the department within 20 business days
of receipt of the finding in accordance with rules adopted by the department, which are
routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
Sec. 44. 30-A MRSA §4347-A, sub-§3-A, as amended by PL 2011, c. 655, Pt. JJ,
§21 and affected by §41, is further amended by amending the 3rd blocked paragraph to
read:
A finding by the department pursuant to paragraph D that a comprehensive plan is
consistent with the procedures, goals and guidelines established in this subchapter is valid
for 12 years from the date of its issuance. A finding by the former State Planning Office
department issued pursuant to this subchapter prior to December 31, 2000 after January 1,
2013 that a comprehensive plan is consistent with the procedures, goals and guidelines
established in this subchapter is valid until December 31, 2012 2028 or 12 years after the
date of consistency determined by the department, whichever is later. For purposes of
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section 4314, subsection 3 and section 4352, subsection 2, expiration of a finding of
consistency pursuant to this subsection does not itself make a comprehensive plan
inconsistent with the procedures, goals and guidelines established in this subchapter.
Sec. 45. 30-A MRSA §5953-D, sub-§3, ¶D, as amended by PL 2011, c. 655, Pt.
JJ, §27 and affected by §41 and amended by c. 657, Pt. W, §5, is further amended by
amending subparagraph (2), division (a) to read:
(a) Has adopted a comprehensive plan that is determined by the Executive
Department, former State Planning Office or the Department of Agriculture,
Conservation and Forestry to be consistent with section 4326, subsections 1 to
4.
Sec. 46. State agency rules. Notwithstanding the Maine Revised Statutes, Title
30-A, section 4312, subsection 4, rules initially adopted by the state agency responsible for
the administration of the growth management program under Title 30-A, chapter 187,
subchapter 2 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
As part of the rule-making process under this section, the state agency responsible for the
administration of the growth management program shall define the term "downtown."
Sec. 47. Stakeholder group. Prior to initiating rulemaking as required by this Act,
the state agency responsible for the administration of the growth management program
under the Maine Revised Statutes, Title 30-A, chapter 187, subchapter 2 shall convene a
stakeholder group for the purpose of soliciting input on the development of rules necessary
to implement 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.
Sec. 48. Develop guidance for public participation. The state agency
responsible for the administration of the growth management program under the Maine
Revised Statutes, Title 30-A, chapter 187, subchapter 2 shall develop guidance materials
describing strategies for soliciting, encouraging and incorporating public input into the
development of a comprehensive plan. At a minimum, the guidance materials must include:
1. Strategies to solicit input from all demographic groups of residents, including
historically underrepresented people, through a series of public events and activities,
including hands-on workshops, work sessions or focused roundtable meetings;
2. Effective methods to advertise events and activities through a combination of print
and digital platforms in advance of the events and activities;
3. Multiple methods to provide opportunities for the public to contribute ideas, discuss
key issues facing the community, set priorities and develop policies and strategies to
address local challenges, including, but not limited to, seeking input through digital and
paper surveys, questionnaires, visual preference surveys and other means;
4. Methods to analyze the public input and use the input to prepare a draft of the
comprehensive plan and meet the requirements for a comprehensive plan under Title 30-A,
section 4326; and
5. Ways to make a draft comprehensive plan easily accessible to the public to solicit
feedback from the public on the draft comprehensive plan.
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Sec. 49. Comprehensive plan guide. The state agency responsible for the
administration of the growth management program under the Maine Revised Statutes, Title
30-A, chapter 187, subchapter 2 shall prepare a guide to assist municipalities in choosing
among various approaches to comprehensive planning. A place type approach must be
included as one of the options.
Sec. 50. Technical assistance materials. The state agency responsible for the
administration of the growth management program under the Maine Revised Statutes, Title
30-A, chapter 187, subchapter 2 shall prepare technical assistance materials regarding how
to use place types or similar planning tools in comprehensive planning. Persons with
experience in using place types and similar planning tools in comprehensive planning must
be consulted by the state agency during the process of preparing the technical assistance
materials.
Sec. 51. Planning tools partnering. The state agency responsible for the
administration of the growth management program under the Maine Revised Statutes, Title
30-A, chapter 187, subchapter 2 shall partner with at least 3 communities that use place
types or similar planning tools to acquire information on how these tools can be used in
communities of varying sizes, geographies and resources.
Sec. 52. Progress report. By January 15, 2026, the state agency responsible for the
administration of the growth management program under the Maine Revised Statutes, Title
30-A, chapter 187, subchapter 2 shall provide an interim report on progress implementing
this Act to the Joint Standing Committee on Housing and Economic Development. The
committee is authorized to introduce legislation based on the report to the Second Regular
Session of the 132nd Legislature.
Sec. 53. Application. This Act does not apply to a comprehensive plan under the
Maine Revised Statutes, Title 30-A, chapter 187 that is submitted to the state agency
responsible for the administration of the growth management program under Title 30-A,
chapter 187, subchapter 2 for a consistency review within 24 months after the final adoption
of rules necessary to implement the provisions of this Act unless the relevant municipality
or multimunicipal region specifically requests that this Act be applied to that municipality's
or multimunicipal region's submission and the state agency authorizes that application.