APPROVED CHAPTER
APRIL 9, 2024 598
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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S.P. 331 - L.D. 772
An Act to Limit Retroactive Application of Land Use Ordinances to Pending
Permit Applications That Propose Housing
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §3007, sub-§7 is enacted to read:
7. Restriction on retroactive application. A municipality or a municipal reviewing
authority as defined by section 4301, subsection 12 may not enforce or apply a land use
ordinance with retroactive effect unless the ordinance includes a provision that expressly
states it has retroactive application. A municipality or municipal reviewing authority may
not apply a land use ordinance with retroactive effect to a pending permit application for a
land use permit that includes a proposal for a development that includes one or more units
of residential housing if the proposal date of the ordinance occurred after the application
was submitted to the municipality and, notwithstanding Title 1, section 302, the application
is deemed complete for processing. For the purposes of this subsection:
A. "Proposal date" means the date on which the proposed land use ordinance or
proposed amendment to an ordinance is posted pursuant to section 3002, subsection 1
or the date on which a permit application is filed to circulate a petition for a voter-
initiated measure to adopt or amend a land use ordinance; and
B. A permit application is deemed complete for processing when it is submitted to the
municipality or municipal reviewing authority and, at the time of submission, the
applicant can demonstrate legally enforceable title or right to or interest in all the
property proposed for development.
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