Whereas, it has become increasingly common for citizen groups to circulate petitions for citizen initiatives and referenda proposing amendments to municipal ordinances or bylaws that, if enacted, would have the effect of retroactively invalidating, repealing, revoking or modifying building permits, land use approvals or other actions permitting development after these permits or approvals were issued or these actions have been taken; and

Whereas, this retroactive effect creates uncertainty and discourages the development of commercial and industrial projects in this State; and

Whereas, immediate enactment of this legislation is necessary to eliminate the uncertainties of doing business in this State; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 30-A MRSA §3001, sub-§5 is enacted to read:

5.__Limitation on ordinance power.__A municipal ordinance or bylaw enacted by citizen initiative or referendum may not invalidate, repeal, revoke, modify or have the effect of invalidating, repealing, revoking or modifying any building permit, zoning permit, land use approval, subdivision approval, site plan approval, rezoning, certification, variance or other action having the effect of permitting development if that permit or approval was issued or that action was taken prior to the enactment of that ordinance or bylaw.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill prohibits municipal ordinances or bylaws enacted by citizen initiative or referendum from containing retroactivity