CHAPTER 651
S.P. 779 - L.D. 2119
An Act Relating to Subdivision Review and Title Search Procedures
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4401, sub-§4, ¶C, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10 and amended by c. 326, §1, is further amended to read:
C. A lot of 40 or more acres shall not must be counted as a lot, except:
(1) When the lot or parcel from which it was divided is located entirely or partially within any shoreland area as defined in Title 38, section 435, or a municipality's shoreland zoning ordinance; or
(2) When a municipality has, by ordinance, or the municipal reviewing authority has, by regulation, elected not to count lots of 40 or more acres as lots for the purposes of this subchapter when the parcel of land being divided is located entirely outside any shoreland area as defined in Title 38, section 435, or a municipality's shoreland zoning ordinance.
Sec. 2. 30-A MRSA §4401, sub-§4, ¶H, as repealed and replaced by PL 2001, c. 359, §4 and affected by §8 and affected by c. 523, §§1 and 2, is repealed.
Sec. 3. 30-A MRSA §4401, sub-§4, ¶H-1 is enacted to read:
H-1. This subchapter may not be construed to prevent a municipality from enacting an ordinance under its home rule authority that:
(1) Expands the definition of "subdivision" to include the division of a structure for commercial or industrial use; or
(2) Otherwise regulates land use activities.
A municipality may not enact an ordinance that expands the definition of "subdivision" except as provided in this subchapter. A municipality that has a definition of "subdivision" that conflicts with the requirements of this subsection at the time this paragraph takes effect shall comply with this subsection no later than January 1, 2006. Such a municipality must file its conflicting definition at the county registry of deeds by June 30, 2003 for the definition to remain valid for the grace period ending January 1, 2006. A filing required under this paragraph must be collected and indexed in a separate book in the registry of deeds for the county in which the municipality is located.
Effective July 25, 2002, unless otherwise indicated.
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