| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 30-A MRSA §4401, sub-§4, ¶H, as repealed and replaced by PL | 2001, c. 359, §4 and affected by §8, is repealed and the | following enacted in its place: |
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| H.__This subsection contains the following limits on home | rule authority. |
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| (1)__The definition of "subdivision" is a minimum | definition for all municipalities.__Municipalities may | not use their home-rule authority to make the | definition less inclusive, thereby reviewing fewer | divisions than required under the minimum statutory | definition. |
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| (2)__Notwithstanding subparagraph 1, municipalities | that have a local comprehensive plan that is consistent | with subchapter II and a zoning ordinance that is | consistent with their comprehensive plan may modify the | definition of "subdivision" to make it more inclusive, | thereby reviewing more divisions than required under | the minimum statutory definition.__If a municipality | modifies the definition of "subdivision" pursuant to | this subparagraph: |
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| (a)__The modification applies only to the | geographic areas of the municipality designated as | a rural area in accordance with subchapter II, | section 4326. |
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| (b)__The geographic boundary of the rural area | must be clearly mapped on a plan that shows parcel | boundaries within the municipality; |
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| (c)__When a parcel is split by the geographic | boundary of a rural area, the more inclusive local | definition of "subdivision" applies; |
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| (d)__The municipality must record the more | inclusive local definition of "subdivision" and | the parcel map clearly indicating the affected | parcels at the registry of deeds for the county in | which the municipality is located.__The more | inclusive local definition is not valid until the | date it and the parcel map are recorded at the | county registry of deeds.__Any amendment to the | more inclusive local definition is enforceable | only upon the recording of the amendment at the | county registry of deeds; and |
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