LD 2119
pg. 1
LD 2119 Title Page An Act Relating to Subdivision Review and Title Search Procedures Page 2 of 2
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LR 3479
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 30-A MRSA §4401, sub-§4, ¶H, as repealed and replaced by PL
2001, c. 359, §4 and affected by §8, is repealed and the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:

 
H.__This subsection contains the following limits on home
rule authority.

 
(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.

 
(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:

 
(a)__The modification applies only to the
geographic areas of the municipality designated as
a rural area in accordance with subchapter II,
section 4326.

 
(b)__The geographic boundary of the rural area
must be clearly mapped on a plan that shows parcel
boundaries within the municipality;

 
(c)__When a parcel is split by the geographic
boundary of a rural area, the more inclusive local
definition of "subdivision" applies;

 
(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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