LD 695
pg. 1
LD 695 Title Page An Act To Amend the Laws Governing Minimum Lot Size Page 2 of 2
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LR 1267
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 4 MRSA §152, sub-§6-A, ¶B, as enacted by PL 1989, c. 878, Pt.
A, §7, is repealed.

 
Sec. 2. 12 MRSA §685-B, sub-§4, ¶A, as amended by PL 1999, c. 333,
§16, is further amended to read:

 
A. Adequate technical and financial provision has been
made for complying with the requirements of the State's
air and water pollution control and other environmental
laws, and those standards and regulations adopted with
respect thereto, including without limitation the minimum
lot size laws, sections 4807 to 4807-G, the site location
of development laws, Title 38, sections 481 to 490, and
the natural resource protection laws, Title 38, sections
480-A to 480-Z, and adequate provision has been made for
solid waste and sewage disposal, for controlling of
offensive odors and for the securing and maintenance of
sufficient healthful water supplies;

 
Sec. 3. 12 MRSA c. 423-A, as amended, is repealed.

 
Sec. 4. 36 MRSA §1109, sub-§3, as amended by PL 1993, c. 452, §§10
and 11, is further amended by amending the last blocked
paragraph to read:

 
If a parcel of land for which the owner or owners are seeking
classification as open space contains any principal or
accessory structures or any substantial improvements that are
inconsistent with the preservation of the land as open space,
the owner or owners in their schedule shall exclude from their
application for classification as open space a parcel of land
containing those buildings or improvements at least equivalent
in size to the state minimum lot size as prescribed by Title
12, section 4807-A or by the zoning ordinances or zoning map
pertaining to the area in which the land is located, whichever
is larger. For the purposes of this section, if any of the
buildings or improvements are located within shoreland areas
as defined in Title 38, chapter 3, subchapter I 1, article 2-
B, the excluded parcel must include the minimum shoreland
frontage required by the applicable minimum lot standards
under the minimum guidelines established pursuant to Title 38,
chapter 3, subchapter I 1, article 2-B or by the zoning
ordinance for the area in which the land is located, whichever
is larger. The shoreland frontage requirement is waived to
the extent that the affected frontage is part of a contiguous
shore path or a beach for which there is or will be, once
classified, regular and substantial use by the public. The
shoreland frontage requirement may be waived at the discretion
of the legislative body of the municipality if it determines
that a


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