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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

CHAPTER 431
S.P. 360 - L.D. 1198

An Act to Refine the Subdivision and Redistricting Authority of the Maine Land Use Regulation Commission

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

     Sec. 1. 12 MRSA §682, sub-§2, as repealed and replaced by PL 1991, c. 687, §1, is repealed.

     Sec. 2. 12 MRSA §682, sub-§2-A is enacted to read:

     2-A. Subdivision. Except as provided in section 682-B, "subdivision" means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing.

The term "subdivision" also includes the division, placement or construction of a structure or structures on a tract or parcel of land resulting in 3 or more dwelling units within a 5-year period.

     Sec. 3. 12 MRSA §682-B is enacted to read:

§682-B. Exemption from subdivision definition

     A division accomplished by the following does not create a subdivision lot or lots unless the intent of the transfer is to avoid the objectives of this chapter.

     1. Gifts to relatives. A division of land accomplished by gift to a spouse, parent, grandparent, child, grandchild or sibling of the donor of the lot or parcel does not create a subdivision lot if the donor has owned the lot or parcel for a continuous period of 5 years immediately preceding the division by gift and the lot or parcel is not further divided or transferred within 5 years from the date of division.

     2. Transfer to governmental entity. A lot or parcel transferred to a municipality or county of the State, the State or an agency of the State is not considered a subdivision lot if the following conditions are met:

     3. Transfer to conservation organization. A lot or parcel transferred to a nonprofit, tax-exempt nature conservation organization qualifying under the United States Internal Revenue Code, Section 501(c)(3) is not considered a subdivision lot if the following conditions are met:

     4. Transfer of lots for forest management, agricultural management or conservation of natural resources. A lot or parcel is not considered a subdivision lot if the following conditions are met:

     5. Unauthorized subdivision lots in existence for at least 20 years. A lot or parcel that when sold or leased created a subdivision requiring a permit under this chapter is not considered a subdivision lot and is exempt from the permit requirement if the permit has not been obtained and the subdivision has been in existence for 20 or more years. A lot or parcel is considered a subdivision lot and is not exempt under this subsection if:

     6. Permit not required. Nothing in this section requires a permit for, or restricts the use of property for, hunting, fishing or other forms of primitive recreation, use of motorized vehicles on roads and trails or snowmobiling as otherwise permitted by law.

     Sec. 4. 12 MRSA §685-B, sub-§6-A, ¶¶A and B, as enacted by PL 1991, c. 687, §2, are amended to read:

     Sec. 5. 12 MRSA §685-B, sub-§6-B, as enacted by PL 1997, c. 335, §1, is repealed.

     Sec. 6. 38 MRSA §480-Q, sub-§7-A, ¶D, as enacted by PL 1989, c. 838, §6, is amended to read:

     Sec. 7. Report. The Maine Land Use Regulation Commission shall review its subdivision review process, including ways to reduce processing time and cost and to increase predictability, and shall report its findings along with any suggested implementing legislation to the Joint Standing Committee on Agriculture, Conservation and Forestry no later than December 31, 2001. The Joint Standing Committee on Agriculture, Conservation and Forestry may report out a bill during the Second Regular Session of the 120th Legislature implementing the recommendations in the report.

     Sec. 8. Application. Nothing in this Act is intended or may be interpreted to require a person to obtain a permit pursuant to the Maine Revised Statutes, Title 12, section 685-B for any division of land occurring prior to the effective date of this Act if that division of land did not require such a permit prior to the effective date of this Act.

Effective September 21, 2001, unless otherwise indicated.

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