Sec. 1. 38 MRSA §482, sub-§5, ¶¶F and H, as repealed and replaced by PL 1993, c. 680, Pt. A, §35, are amended to read:

F. In those subdivisions that would otherwise not require site location approval, unless intended to circumvent this article, the following transactions may not, except as provided, be considered lots offered for sale or lease to the general public:

(1) Sale or lease of common lots created with a conservation easement as defined in Title 33, section 476, provided that the department is made a party; and

H. The transfer of contiguous land by a permit holder to the owner of a lot within a permitted subdivision is exempt from review under this article, provided that the land was not owned by the permit holder at the time the department approved the subdivision. Further division of the transferred land must be reviewed under this article.; and

Sec. 2. 38 MRSA §482, sub-§5, ¶I is enacted to read:

I.__An unauthorized subdivision lot in existence for at least 20 years may not be counted as a lot unless:

(1)__Approval of the subdivision has been denied by a municipal or state authority within 20 years of the unauthorized subdivision's existence; or

(2)__The lot or parcel has been the subject of an enforcement action or order within 20 years of the unauthorized subdivision's existence.

SUMMARY

This bill excludes from the definition of subdivision under the Department of Environmental Protection's site location of development laws an unauthorized subdivision lot in existence for at least 20 years that was not the subject of a denial of approval or an enforcement action within 20 years of the unauthorized subdivision's existence.