LD 1900
pg. 1
LD 1900 Title Page An Act To Implement the Recommendations of the Community Preservation Advisory ... Page 2 of 10
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LR 2800
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, several municipalities may lose financial assistance
and regional planning grants if the law is not clarified to allow
those grants to be carried forward twice; 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. 5 MRSA §1589, first ¶, as amended by PL 1995, c. 464, §5, is
further amended to read:

 
At the end of each fiscal year, unencumbered appropriation and
allocation balances lapse into the appropriate fund and are not
available unless authorized by law. Encumbered balances may not
be carried forward more than once at the end of a fiscal year,
except that all encumbered balances and accounts for financial
assistance and regional planning grants in accordance with Title
30-A, chapter 187 may be carried forward for 2 years beyond the
year in which those balances are encumbered.

 
Sec. 2. 30-A MRSA §4314, sub-§1, as amended by PL 2001, c. 406, §3, is
further amended to read:

 
1. Comprehensive plan. A municipal comprehensive plan
adopted or amended by a municipality under former Title 30,
chapter 239, subchapter V 5 or VI 6 remains in effect until
amended or repealed in accordance with the procedures, goals and
guidelines established in this subchapter.

 
Sec. 3. 30-A MRSA §4314, sub-§2, as amended by PL 2001, c. 406, §3, is
repealed and the following enacted in its place:

 
2.__Shoreland and floodplain zoning ordinances.__
Notwithstanding section 4352, subsection 2, any portion of a
zoning ordinance that is not consistent with a comprehensive plan
adopted in accordance with the procedures, goals and guidelines
established in this subchapter is no longer in effect 24 months
after adoption of the plan unless the ordinance:

 
A.__Does not regulate land use beyond the area required by
Title 38, chapter 3, subchapter 1, article 2-B; or


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