PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Amend the Definition of "Subdivision" in the Laws Governing Planning and Land Use Regulation for Subdivisions and a Provision Excepting the Division of a New or Existing Structure from Those Laws Beginning July 1, 2018
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4401, sub-§4, ¶H-2, as enacted by PL 2017, c. 104, §1, is amended to read:
 
H-2. This subchapter may not be construed to prevent a municipality from enacting an ordinance under its home rule authority that 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, 20192021. Such a municipality must file its conflicting definition at the county registry of deeds by June 30, 20182020 for the definition to remain valid for the grace period ending January 1, 20192021. 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.
Sec. 2. 30-A MRSA §4402, sub-§6, as enacted by PL 2017, c. 104, §4, is amended to read:
 
6. Division of new or existing structures.   Beginning July 1, 2018, a division of a new or existing structure into 3 or more dwelling units whether the division is accomplished by sale, lease, development or otherwise in a municipality where the project is subject to an ordinance governing municipal site plan review adopted in accordance with Title 38, section 488, subsection 19 or Title 38, section 489-Achapter 141.
Sec. 3. Retroactivity. The provision of this Act that amends Title 30-A, section 4402, subsection 6 applies retroactively to July 1, 2018.
 
SUMMARY
This bill changes the date by which definitions of "subdivision" that are in municipal ordinances and that conflict with state law must comply with the definition of "subdivision" in state law. It also extends the time municipalities have to register an ordinance with a conflicting definition with the registry of deeds. The bill also removes cross-references to the site location of development laws in an exemption to municipal subdivision review and adds a cross-reference to the law governing municipal site plan review ordinances.