§4364-A. Residential areas; generally
(CONFLICT)
1.
(CONFLICT: Text as repealed and replaced by PL 2025, c. 655. Pt. A, §44) Use allowed.
Notwithstanding any provision of law to the contrary, except Title 12, chapter 423‑A, for any area in which residential uses are allowed, including as a conditional use, a municipality shall allow at a minimum:
A.
Three dwelling units, attached or detached, including accessory dwelling units, per lot; and
[PL 2025, c. 655, Pt. A, §44 (RPR).]
B.
Four dwelling units, attached or detached, including accessory dwelling units, per lot if the lot is located in a designated growth area within a municipality consistent with Title 5, section 3234, subsection 1, paragraph A or B or served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system.
[PL 2025, c. 655, Pt. A, §44 (RPR).]
A municipality may allow more units than the minimum number required by this subsection.
[PL 2025, c. 655, Pt. A, §44 (RPR).]
1.
(CONFLICT: Text as repealed and replaced by PL 2025, c. 733, §12) Use allowed.
Notwithstanding any provision of law to the contrary, except Title 12, chapter 423‑A, for any area in which residential uses are allowed, including as a conditional use, the following are permitted uses:
A.
At least 3 dwelling units, attached or detached, inclusive of accessory dwelling units, per lot; and
[PL 2025, c. 733, §12 (RPR); PL 2025, c. 733, §26 (AFF).]
B.
At least 4 dwelling units, attached or detached, inclusive of accessory dwelling units, per lot if the lot is located in a designated growth area, as identified in a comprehensive plan adopted pursuant to subchapter 2, or the lot is served by a water system delivering water drawn from a public water source as defined in Title 22, section 2641 and a public sewer system.
[PL 2025, c. 733, §12 (RPR); PL 2025, c. 733, §26 (AFF).]
A municipality may allow more dwelling units than the minimum number required by this subsection.
[PL 2025, c. 733, §12 (RPR); PL 2025, c. 733, §26 (AFF).]
1-A.
Implementation date.
For purposes of this section, "implementation date" has the same meaning as in section 4364, subsection 1‑A.
[PL 2023, c. 192, §7 (NEW).]
Revisor's Note:
(Subsection 1-A as enacted by PL 2023, c. 264, §2 is REALLOCATED TO TITLE 30-A, SECTION 4364-A, SUBSECTION 1-B)
1-B.
(REALLOCATED FROM T. 30-A, §4364-A, sub-§1-A) Exceptions.
This section does not apply to:
A.
A lot or portion of a lot that is within the watershed of a water source that is located in the City of Lewiston or the City of Auburn and that is used to provide drinking water by a water utility that has received a waiver from filtration pursuant to 40 Code of Federal Regulations, Sections 141.70 to 141.76, as determined by the Department of Health and Human Services; or
[PL 2025, c. 733, §13 (NEW); PL 2025, c. 733, §26 (AFF).]
B.
A lot or a portion of a lot that is within an area identified as a coastal barrier in Title 38, section 1904; an area of special flood hazard as defined in Title 38, section 436‑A, subsection 1‑C; or an area within a coastal sand dune system as defined in Title 38, section 480‑B, subsection 1 as long as a municipality exempts the lot or portion of the lot in a duly adopted ordinance.
[PL 2025, c. 733, §13 (NEW); PL 2025, c. 733, §26 (AFF).]
[PL 2025, c. 733, §13 (RPR); PL 2025, c. 733, §26 (AFF).]
2.
Zoning requirements.
[PL 2025, c. 385, §8 (RP); PL 2025, c. 733, §25, 26 (AFF).]
2-A.
Limitations on municipal ordinances related to lot size and density allowance for private property rights protection.
Notwithstanding any provision of law to the contrary, except Title 12, chapter 423‑A, this subsection applies to any area in which residential uses are allowed, including as a conditional use.
A.
If a lot is located in a designated growth area and is served by a water system delivering water drawn from a public water source as defined in Title 22, section 2641 and a public sewer system, a municipal ordinance may not require a minimum lot size that exceeds 5,000 square feet and may not require more than 1,250 square feet of lot area per dwelling unit for the first 4 dwelling units.
[PL 2025, c. 733, §14 (RPR); PL 2025, c. 733, §26 (AFF).]
B.
If a lot is located outside a designated growth area and in an area served by a water system delivering water drawn from a public water source as defined in Title 22, section 2641 and a public sewer system, a municipal ordinance may not require a minimum lot size that exceeds 10,000 square feet and may not require more than 10,000 square feet of lot area for the first dwelling unit or 20,000 square feet of lot area for the first 2 dwelling units within a single structure.
[PL 2025, c. 733, §14 (RPR); PL 2025, c. 733, §26 (AFF).]
C.
If a lot is located in a designated growth area without a public sewer system, a municipal ordinance may not require a minimum lot size that exceeds 20,000 square feet or a density requirement or calculation that is more restrictive than required by Title 12, chapter 423‑A.
[PL 2025, c. 733, §14 (RPR); PL 2025, c. 733, §26 (AFF).]
If 4 dwelling units have been constructed on a lot, the lot is not eligible for any additional increases in density, including under section 4364, unless more units are allowed by the municipality.
[PL 2025, c. 733, §14 (RPR); PL 2025, c. 733, §26 (AFF).]
3.
General requirements.
Except as provided in this section, a municipal ordinance may not establish dimensional requirements for multiple units allowed by this section that are greater than dimensional requirements required for single-family dwelling units. As used in this subsection, "dimensional requirements" means requirements that govern the size and placement of structures, including building height, lot area, minimum frontage, lot depth and setbacks.
[PL 2025, c. 385, §10 (RPR); PL 2025, c. 733, §25, 26 (AFF).]
4.
Water and wastewater.
The owner of a housing structure must provide written verification to the municipality that the structure is connected to adequate water and wastewater services before the municipality may certify the structure for occupancy. Written verification under this subsection must include:
A.
If a housing structure is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the structure and proof of payment for the connection to the sewer system;
[PL 2021, c. 672, §5 (NEW).]
B.
If a housing structure is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector under section 4221. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with subsurface wastewater disposal rules adopted under Title 22, section 42;
[PL 2021, c. 672, §5 (NEW).]
C.
If a housing structure is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the structure, proof of payment for the connection and the volume and supply of water required for the structure; and
[PL 2021, c. 672, §5 (NEW).]
D.
If a housing structure is connected to a well, proof of access to potable water. Any tests of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.
[PL 2021, c. 672, §5 (NEW).]
Upon receipt of written verification from a local plumbing inspector that a housing structure meets the requirements of this subsection, additional review or documentation by a municipality related to waste and wastewater requirements before issuing a certificate of occupancy is prohibited.
[PL 2025, c. 385, §11 (AMD); PL 2025, c. 733, §25, 26 (AFF).]
5.
Municipal implementation.
In adopting an ordinance, a municipality may:
A.
Establish an application and permitting process for housing structures;
[PL 2021, c. 672, §5 (NEW).]
B.
Impose fines for violations of building, zoning and utility requirements for housing structures; and
[PL 2021, c. 672, §5 (NEW).]
C.
Establish alternative criteria that are less restrictive than the requirements of subsection 4 for the approval of a housing structure only in circumstances in which the municipality would be able to provide a variance under section 4353, subsection 4, 4‑A, 4‑B, 4‑C or 4‑D.
[PL 2025, c. 648, §3 (AMD).]
[PL 2025, c. 648, §3 (AMD).]
5-A.
Planning board approval not required.
For any area in which residential uses are allowed, including as a conditional use, a municipality may not require planning board approval for accessary dwelling units or solely because the project will establish 4 or fewer dwelling units within a single structure on a lot.
[PL 2025, c. 733, §15 (AMD); PL 2025, c. 733, §26 (AFF).]
6.
Shoreland zoning.
A housing structure must comply with shoreland zoning requirements established by the Department of Environmental Protection under Title 38, chapter 3 and municipal shoreland zoning ordinances.
[PL 2021, c. 672, §5 (NEW).]
7.
Subdivision requirements.
This section may not be construed to exempt a subdivider from the requirements of subchapter 4.
[PL 2023, c. 192, §10 (AMD).]
8.
Restrictive covenants.
This section may not be construed to interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this section, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
[PL 2021, c. 672, §5 (NEW).]
9.
Rules.
The Department of Economic and Community Development may adopt rules to administer and enforce this section. The department shall consult with the Department of Agriculture, Conservation and Forestry in adopting rules pursuant to this subsection. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 672, §5 (NEW).]
10.
Implementation.
A municipality is not required to implement the requirements of this section until the implementation date.
[PL 2023, c. 192, §11 (AMD).]
SECTION HISTORY
PL 2021, c. 672, §5 (NEW). PL 2023, c. 192, §§6-11 (AMD). PL 2023, c. 264, §2 (AMD). RR 2023, c. 1, Pt. A, §26 (COR). PL 2025, c. 385, §§7-12 (AMD). PL 2025, c. 385, §23 (AFF). PL 2025, c. 388, Pt. D, §37 (AMD). PL 2025, c. 648, §3 (AMD). PL 2025, c. 655, Pt. A, §44 (AMD). PL 2025, c. 733, §§11-15 (AMD). PL 2025, c. 733, §25, 26 (AFF).