LD 2049
pg. 1
LD 2049 Title Page An Act to Authorize the Transfer of Development Rights Page 2 of 2
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LR 3360
Item 1

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

 
Sec. 1. 30-A MRSA §4326, sub-§3, ķA, as amended by PL 2001, c. 406, §4,
is further amended to read:

 
A. Identify and designate at least 2 basic types of
geographic areas:

 
(1) Growth areas, which are those areas suitable for
orderly residential, commercial and industrial
development or any combination of those types of
development, forecast over the next 10 years. Each
municipality shall:

 
(a) Establish standards for these developments;

 
(b) Establish timely permitting procedures;

 
(c) Ensure that needed public services are
available within the growth area; and

 
(d) Prevent inappropriate development in natural
hazard areas, including flood plains and areas of
high erosion; and

 
(2) Rural areas, which are those areas where
protection should be provided for agricultural, forest,
open space and scenic lands within the municipality.
Each municipality shall adopt land use policies and
ordinances to discourage incompatible development.

 
These policies and ordinances may include, without
limitation: density limits; cluster or special zoning;
acquisition and transfer of land or development rights; or
performance standards.

 
A municipality is not required to identify growth areas for
residential, commercial or industrial growth if it demonstrates
that it is not possible to accommodate future residential,
commercial or industrial growth in these areas because of severe
physical limitations, including, without limitation, the lack of
adequate water supply and sewage disposal services, very shallow
soils or limitations imposed by protected natural resources; or
it demonstrates that the municipality has experienced minimal or
no residential, commercial or industrial development over the
past decade and this condition is expected to continue over the
10-year planning period. A municipality exercising the
discretion afforded by this paragraph shall review the basis for
its


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