D-2.__A division accomplished by condemnation does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.

D-3.__A division accomplished by order of court does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.

D-4.__A division accomplished by gift to a person related to the donor of an interest in property held by the donor for a continuous period of 5 years prior to the division by gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.__If the real estate exempt under this paragraph is transferred within 5 years to another person not related to the donor of the exempt real estate as provided in this paragraph, then the previously exempt division creates a lot or lots for the purposes of this subsection.__"Person related to the donor" means a spouse, parent, grandparent, brother, sister, child or grandchild related by blood, marriage or adoption.__A gift under this paragraph can not be given for consideration that can be assessed a monetary value.

D-5.__A division accomplished by a gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.

D-6.__A division accomplished by the transfer of any interest in land to the owners of land abutting that land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.__If the real estate exempt under this paragraph is transferred within 5 years to another person without all of the merged land, then the previously exempt division creates a lot or lots for the purposes of this subsection.

Sec. 5. 30-A MRSA §4401, sub-§4, ¶H, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

H. Nothing in this subchapter may be construed to prevent a municipality from enacting an ordinance under its home rule

authority which that expands the definition of subdivision to include the division of a structure for commercial or industrial use or which that otherwise regulates land use activities.

Sec. 6. 30-A MRSA §4401, sub-§4, ¶I, as enacted by PL 1991, c. 500, §2, is amended to read:

I. The grant of a bona fide security interest in an entire lot that has been exempted from the definition of subdivision under paragraph D paragraphs D-1 to D-6, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.

Sec. 7. 30-A MRSA §4402-A is enacted to read:

§4402-A.__Minimum lot size or setback for lots in subdivision

A municipality may not adopt or administer more restrictive minimum lot size ordinances or minimum setback ordinances for lots that are within a subdivision than for lots that are not within a subdivision, unless the lots within the subdivision are arranged in the form of a cluster development approved by the municipality.__This section does not apply to municipalities that are administering the state minimum lot size law.

Sec. 8. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

2001-02 2002-03

ADMINISTRATIVE AND FINANCIAL

SERVICES, DEPARTMENT OF

Information Services

Positions - Legislative Count (1.000)

Personal Services $50,000

All Other 25,000

Capital Expenditures 10,000

Provides for the appropriation of funds to establish one Statewide Geographic Information System Coordinator position.

DEPARTMENT OF ADMINISTRATIVE

AND FINANCIAL SERVICES ______

TOTAL $85,000

EXECUTIVE DEPARTMENT

Office of Geographic Information

Systems

All Other $1,500,000 $1,200,000

Provides for funds that the Office of Geographic Information Systems shall use to develop, coordinate and maintain a regionally based geographic information system and to assist regional councils and municipalities in the development and use of geographic information systems for tracking patterns of development and associated land use planning.

EXECUTIVE DEPARTMENT __________ __________

TOTAL $1,500,000 $1,200,000

__________ __________

TOTAL APPROPRIATIONS $1,585,000 $1,200,000

Sec. 9. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

2001-02

EXECUTIVE DEPARTMENT

State Planning Office

All Other $4,000,000

Provides funds for planning and implementation grants, plan updates, smart growth initiatives, pilot projects, grants for financial and technical assistance to municipalities and grants to regional councils. At the end of each fiscal year any unexpended balance may not lapse but must be carried forward to be used for the same purpose.

Sec. 10. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

2001-02

MAINE MUNICIPAL BOND BANK

Municipal Investment Trust Fund

All Other $20,000,000

Provides for the appropriation of funds to capitalize the Municipal Investment Trust Fund.

SUMMARY

This bill implements the recommendations of the Task Force to Study Growth Management. It amends the definition of subdivision in the subdivision law; it appropriates funds for the development of a regionally based geographic information system for tracking patterns of development; it appropriates funds for grants for financial and technical assistance to municipalities for the preparation, updating and implementation of comprehensive plans; and it capitalizes the Municipal Investment Trust Fund.