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Maine Revised Statutes Title 30-A. Municipalities and Counties § 4314. Transition; savings clause

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Repealed. Laws 2025, c. 393, § 24, eff. Sept. 24, 2025.

2. Shoreland and floodplain zoning ordinances. Notwithstanding section 4352, subsection 2, any portion of a zoning ordinance that is not consistent with a comprehensive plan adopted in accordance with the procedures, goals and guidelines established in this subchapter is no longer in effect 24 months after adoption of the plan unless the ordinance:

A. Does not regulate land use beyond the area required by Title 38, chapter 3, subchapter 1, article 2-B;  1 or

B. Is adopted pursuant to and complies with the provisions of Title 38, section 440 and complies with the requirements of the Federal Flood Insurance Program.

3. Rate of growth, zoning and impact fee ordinances. After January 1, 2003, any portion of a municipality's or multimunicipal region's rate of growth, zoning or impact fee ordinance must be consistent with a comprehensive plan adopted in accordance with the procedures, goals and guidelines established in this subchapter. The portion of a rate of growth, zoning or impact fee ordinance not directly related to an inconsistency identified by a court or during a comprehensive plan review by the department in accordance with Title 5, section 3233, subsection 4 remains in effect. For purposes of this subsection, “zoning ordinance” does not include an ordinance that applies townwide that is a cluster development ordinance or a design ordinance prescribing the color, shape, height, landscaping, amount of open space or other comparable physical characteristics of development. The portion of a rate of growth, zoning or impact fee ordinance that is not consistent with a comprehensive plan is no longer in effect unless:

A. Deleted. Laws 2001, c. 406, § 3.

B. Deleted. Laws 2001, c. 406, § 3.

C. The ordinance or portion of the ordinance is exempted under subsection 2;

D. Repealed. Laws 2025, c. 393, § 25, eff. Sept. 24, 2025.

<Text of subsec. 3, par. E, as amended by Laws 2025, c. 388>

E. The ordinance or portion of the ordinance conflicts with a newly adopted comprehensive plan or plan amendment adopted in accordance with the procedures, goals and guidelines established in this subchapter, in which case the ordinance or portion of the ordinance remains in effect for a period of up to 24 months immediately following adoption of the comprehensive plan or plan amendment;

<Text of subsec. 3, par. E, as amended by Laws 2025, c. 393>

E. The ordinance or portion of the ordinance conflicts with a newly adopted comprehensive plan or plan amendment adopted in accordance with the procedures, goals and guidelines established in this subchapter, in which case the ordinance or portion of the ordinance remains in effect for a period of up to 24 months immediately following adoption of the comprehensive plan or plan amendment; or

F. Repealed. Laws 2025, c. 393, § 27, eff. Sept. 24, 2025.

G. The ordinance or portion of an ordinance is an adult entertainment establishment ordinance, as defined in section 4352, subsection 2, that has been adopted by a municipality that has not adopted a comprehensive plan.

4. Repealed. Laws 2003, c. 641, § 5, eff. April 14, 2004.

1 38 M.R.S.A. § 435 et seq.
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Cite this article: FindLaw.com - Maine Revised Statutes Title 30-A. Municipalities and Counties § 4314. Transition; savings clause - last updated January 01, 2025 | https://codes.findlaw.com/me/title-30-a-municipalities-and-counties/me-rev-st-tit-30-a-sect-4314/

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