Sec. 1. 30-A MRSA §4360, as enacted by PL 2001, c. 591, §1, is repealed and the following enacted in its place:

§4360.__Rate of growth ordinances

A municipality may enact a rate of growth ordinance under its home rule authority limiting the number of building or development permits issued over a designated time frame only under the following circumstances.

1.__Temporary rate of growth ordinances.__A temporary rate of growth ordinance:

A.__Must be needed to provide time for the municipality to take specific actions to improve facilities or services needed to accommodate growth;

B.__Must be enacted for a definite term, not to exceed 2 years, unless the municipality is granted an exception pursuant to rules established by the office.__Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A; and

C.__May be enacted only once during any 10-year period.

2.__Ongoing rate of growth ordinances that apply to designated growth areas.__A municipality with a comprehensive plan adopted under this chapter may adopt an ongoing rate of growth ordinance that applies only to designated growth areas if the rate of growth ordinance requires that the number of permits issued annually under the rate of growth ordinance be determined according to a formula specified in rules adopted by the office.__Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

3.__Ongoing rate of growth ordinances that apply to designated rural areas.__Notwithstanding subsection 2, a municipality with a comprehensive plan adopted under this chapter may adopt an ongoing rate of growth ordinance that applies only to designated rural areas if:

A.__The rate of growth ordinance is recommended in the comprehensive plan as a mechanism for guiding growth; and

B.__The comprehensive plan lays out policies and strategies for accommodating most of the community's future growth in designated growth areas.