| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 4 MRSA §152, sub-§6-A, ¶B, as enacted by PL 1989, c. 878, Pt. | | A, §7, is repealed. |
|
| | | Sec. 2. 12 MRSA §685-B, sub-§4, ¶A, as amended by PL 1999, c. 333, | | §16, is further amended to read: |
|
| | | A. Adequate technical and financial provision has been | | made for complying with the requirements of the State's | | air and water pollution control and other environmental | | laws, and those standards and regulations adopted with | respect thereto, including without limitation the minimum | lot size laws, sections 4807 to 4807-G, the site location | | of development laws, Title 38, sections 481 to 490, and | | the natural resource protection laws, Title 38, sections | | 480-A to 480-Z, and adequate provision has been made for | | solid waste and sewage disposal, for controlling of | | offensive odors and for the securing and maintenance of | | sufficient healthful water supplies; |
|
| | | Sec. 3. 12 MRSA c. 423-A, as amended, is repealed. |
|
| | | Sec. 4. 36 MRSA §1109, sub-§3, as amended by PL 1993, c. 452, §§10 | | and 11, is further amended by amending the last blocked | | paragraph to read: |
|
| | | If a parcel of land for which the owner or owners are seeking | | classification as open space contains any principal or | | accessory structures or any substantial improvements that are | | inconsistent with the preservation of the land as open space, | | the owner or owners in their schedule shall exclude from their | | application for classification as open space a parcel of land | | containing those buildings or improvements at least equivalent | in size to the state minimum lot size as prescribed by Title | 12, section 4807-A or by the zoning ordinances or zoning map | pertaining to the area in which the land is located, whichever | is larger. For the purposes of this section, if any of the | | buildings or improvements are located within shoreland areas | as defined in Title 38, chapter 3, subchapter I 1, article 2- | | B, the excluded parcel must include the minimum shoreland | | frontage required by the applicable minimum lot standards | | under the minimum guidelines established pursuant to Title 38, | chapter 3, subchapter I 1, article 2-B or by the zoning | | ordinance for the area in which the land is located, whichever | | is larger. The shoreland frontage requirement is waived to | | the extent that the affected frontage is part of a contiguous | | shore path or a beach for which there is or will be, once | | classified, regular and substantial use by the public. The | | shoreland frontage requirement may be waived at the discretion | | of the legislative body of the municipality if it determines | | that a |
|
|