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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

CHAPTER 406
S.P. 547 - L.D. 1693

An Act to Amend the Comprehensive Planning and Land Use Regulation Laws

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

     Sec. 1. 30-A MRSA §4301, sub-§§6-B and 13-A are enacted to read:

     6-B. Impact fee ordinance. "Impact fee ordinance" means an ordinance that establishes the applicability, formula and means by which impact fees are assessed.

     13-A. Rate of growth ordinance. "Rate of growth ordinance" means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame.

     Sec. 2. 30-A MRSA §4312, sub-§4, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

     4. Limitation on state rule-making authority. The office is authorized to adopt rules necessary to carry out the purposes of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. This section shall may not be construed to grant any separate regulatory authority to any state agency beyond that necessary to implement this subchapter.

     Sec. 3. 30-A MRSA §4314, as amended by PL 1993, c. 721, Pt. A, §1 and affected by Pt. H, §1, is further amended to read:

§4314. Transition; savings clause

     1. Comprehensive plan. A municipal comprehensive plan or land use regulation or ordinance adopted or amended by a municipality under former Title 30, chapter 239, subchapter V or VI remains in effect until amended or repealed in accordance with this subchapter.

     2. Shoreland zoning ordinances. Notwithstanding section 4352, subsection 2, any portion of a zoning ordinance that regulates land use beyond that the area required by Title 38, chapter 3, subchapter I, article 2-B and that is not consistent with a comprehensive plan adopted under this subchapter is void no longer in effect 24 months after adoption of the plan or by July 1, 1994, whichever date is later.

     3. Rate of growth, zoning and impact fee ordinances. Any land use ordinance not consistent with a comprehensive plan adopted according to this subchapter is void After January 1, 2003, any portion of a municipality's rate of growth, zoning or impact fee ordinance must be consistent with a comprehensive plan adopted under this subchapter. The portion of a rate of growth, zoning or impact fee ordinance that is not consistent with a comprehensive plan is no longer in effect unless:

     4. Encumbered balances at year-end. At the end of each fiscal year, all encumbered balances in accounts for financial assistance and regional planning grants may be carried twice.

     Sec. 4. 30-A MRSA §4326, sub-§3, ¶A, as amended by PL 1999, c. 776, §8, is further amended to read:

     Sec. 5. 30-A MRSA §4346, 2nd ¶, as amended by PL 1993, c. 721, Pt. A, §7 and affected by Pt. H, §1, is further amended to read:

     The office may enter into financial assistance grants only to the extent that funds are available. In making grants, the office shall consider the need for planning in a municipality, the proximity of the municipality to other towns that are conducting or have completed the planning process and the economic and geographic role of the municipality within a regional context. The office may consider other criteria in making grants, as long as the criteria support the goal of encouraging and facilitating the adoption and implementation of a local growth management program consistent with the provisions of this article. In order to maximize the availability of the technical and financial assistance program to all municipalities and regional councils, financial assistance programs administered competitively under this article are exempt from rules adopted by the Department of Administrative and Financial Services pursuant to Title 5, section 1825-C for use in the purchase of services and the awarding of grants and contracts. The office shall publish a program statement describing its grant program and advertising its availability to eligible applicants.

     Sec. 6. 30-A MRSA §4346, sub-§2-A, as enacted by PL 1993, c. 721, Pt. A, §10 and affected by Pt. H, §1, is amended to read:

     2-A. Financial assistance grants. A contract for a financial assistance grant must:

The office may not require a municipality to provide matching funds in excess of 25% of the value of that municipality's financial assistance contract for its first planning assistance grant and implementation assistance grant. The office may require a higher match for other grants, including, but not limited to, grants for the purpose of updating comprehensive plans. This match limitation does not apply to distribution of federal funds that the office may administer.

     Sec. 7. 30-A MRSA §4346, sub-§2-C is enacted to read:

     2-C. Program evaluation. Any recipient of a financial assistance grant shall cooperate with the office in performing program evaluations required under section 4331.

     Sec. 8. 30-A MRSA §4346, sub-§5, as enacted by PL 1991, c. 780, Pt. E, §2, is amended to read:

     5. Coordination. State agencies with regulatory or other authority affecting the goals established in this subchapter shall conduct their respective activities in a manner consistent with the goals established under this subchapter, including, but not limited to, coordinating with municipalities, regional councils and other state agencies in meeting the state goals; providing available information to regions and municipalities as described in section 4326, subsection 1; cooperating with efforts to integrate and provide access to geographic information system data; making state investments and awarding grant money as described in section 4349-A; and conducting reviews of growth management programs as provided in section 4347-A, subsection 3, paragraph A. Without limiting the application of this section to other state agencies, the following agencies shall comply with this section subchapter. The Land and Water Resources Council shall periodically, but in no event less than biannually, review the effectiveness of agency coordination efforts, including, but not limited to, those in section 4349-A:

     Sec. 9. 30-A MRSA §4347, as amended by PL 1993, c. 166, §§9 and 10, is repealed.

     Sec. 10. 30-A MRSA §4347-A is enacted to read:

§4347-A. Review of programs by office

     1. Comprehensive plans. A municipality that chooses to prepare a growth management program and receives a planning grant under this article shall submit its comprehensive plan to the office for review. The office shall review plans for consistency with the goals and guidelines established in this subchapter. Any contract for a planning assistance grant must include specific timetables governing the review of the comprehensive plan by the office. Any comprehensive plan submitted for review more than 12 months following a contract end date may be required to update data, projections and other time-sensitive portions of the plan or program to the office's most current review standards.

     2. Growth management programs. A municipality may at any time request a certificate of consistency for its growth management program.

     3. Review of comprehensive plan or growth management program. In reviewing a comprehensive plan or growth management program, the office shall:

The office's decision on consistency of a comprehensive plan or growth management program constitutes final agency action.

     4. Updates and amendments. A municipality may submit proposed amendments to a comprehensive plan or growth management program to the office for review in the same manner as provided for the review of new plans and programs. Subsequent to voluntary certification under this subsection, the municipality shall file a copy of an amendment to a growth management program with the office within 30 days after adopting the amendment and at least 60 days prior to applying for any state grant program that offers a preference for consistency or certification.

     5. Regional councils. Subject to the availability of funding and pursuant to the conditions of a contract, each regional council shall review and submit written comments on the comprehensive plan or growth management program of any municipality within its planning region. The comments must be submitted to the office and contain an analysis of:

     Sec. 11. 30-A MRSA §4348, as amended by PL 1993, c. 166, §11, is repealed.

     Sec. 12. 30-A MRSA §4349-A, sub-§1, ¶A, as enacted by PL 1999, c. 776, §10, is amended to read:

     Sec. 13. 30-A MRSA §4349-A, sub-§2, as enacted by PL 1999, c. 776, §10, is amended to read:

     2. State facilities. The Department of Administrative and Financial Services, Bureau of General Services shall develop site selection criteria for state office buildings, state courts and other state civic buildings that serve public clients and customers, whether owned or leased by the State, that give preference to the priority locations identified in this subsection while ensuring safe, healthy, appropriate work space for employees and clients and accounting for agency requirements. Preference must be given to priority locations in the following order: service center downtowns, service center growth areas and downtowns and growth areas in other than service center communities. If no suitable priority location exists or if the priority location would impose an undue financial hardship on the occupant or is not within a reasonable distance of the clients and customers served, the facility must be located in accordance with subsection 1. The following state facilities are exempt from this subsection: a state liquor store; a lease of less than 500 square feet; and a lease with a tenure of less than one year, including renewals.

For the purposes of this subsection, "service center" means a community that serves the surrounding region, drawing workers, shoppers and others into the community for jobs and services.

     Sec. 14. 30-A MRSA §4349-A, sub-§2-A is enacted to read:

     2-A. State's role in implementation of growth management programs. All state agencies, as partners in local and regional growth management efforts, shall contribute to the successful implementation of comprehensive plans and growth management programs adopted under this subchapter by making investments, delivering programs and awarding grants in a manner that reinforces the policies and strategies within the plans or programs. Assistance must be provided within the confines of agency policies, available resources and considerations related to overriding state interest.

     Sec. 15. 30-A MRSA §4349-A, sub-§3, as enacted by PL 1999, c. 776, §10, is amended to read:

     3. Preference for other state grants and investments. When awarding grants or assistance for capital investments making a discretionary investment under any of the programs under paragraphs A and B or undertaking its own capital investment programs other than for projects identified in section 4301, subsection 5-B, a state agency shall respect the primary purpose of its grant or investment program and, to the extent feasible, give preference first to a municipality that receives a certificate of consistency under section 4348 or 4347-A and 2nd to a municipality that has adopted a comprehensive plan and implementation strategies consistent with the goals and guidelines of this subchapter over a municipality that does not obtain the certificate or finding of consistency within 4 years after receipt of the first installment of a financial assistance grant or rejection of an offer of financial assistance. This subsection applies to:

This subsection does not apply to state grants or other assistance for sewage treatment facilities, public health programs or education.
The office shall work with state agencies to prepare mechanisms for establishing preferences in specific investment and grant programs as described in paragraphs A and B.

     Sec. 16. 30-A MRSA §5953-D, sub-§3, ¶D, as amended by PL 1999, c. 776, §13, is further amended to read:

     Sec. 17. 38 MRSA §488, sub-§14, ¶A, as amended by PL 1999, c. 468, §12, is further amended to read:

Effective September 21, 2001, unless otherwise indicated.

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