LD 1535
pg. 4
Page 3 of 5 An Act Making Improvements to the Laws Regarding Local Land Use Ordinances ... Page 5 of 5
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LR 2018
Item 1

 
of building permit applications exceeds the number of permits
available in any given period, preference must be given to those
applicants who seek permits in areas designated as growth areas in
the municipality's comprehensive plan.__A municipality may
establish other priorities for those who seek single building
permits over those who seek multiple permits in order to construct
an approved subdivision or for those who seek multiple permits in
older approved subdivisions over those who seek multiple permits in
newer approved subdivisions.

 
6.__Enforcement.__A landowner or developer operating within a
municipality or the Attorney General may seek appropriate
remedial relief if a municipal rate of growth ordinance is not in
compliance with this section.

 
7.__Transition.__A rate of growth ordinance in effect as of
January 1, 2005 may continue in effect until January 1, 2008, by
which time it must conform to the terms of this section or no
longer have effect.

 
§4360-B.__Rate of growth ordinances in designated rural areas

 
1.__Need.__In areas of a municipality specifically designated
in an adopted, consistent comprehensive plan as rural areas, as
defined in this chapter, that designation is deemed to
presumptively demonstrate a need to limit the rate of growth in
such areas.__If an adopted, consistent comprehensive plan has
been prepared as part of a multimunicipal region under section
4325 and the entirety of a municipality has been designated as a
rural area by that plan, the need may be presumed to exist
municipalitywide.

 
2.__Number of building permits under rate of growth ordinance.__
If a rate of growth ordinance affects only areas of a
municipality or multimunicipal region designated as rural areas,
as defined in this chapter, in an adopted, consistent
comprehensive plan, and the plan also specifically designates
growth areas, the rate of growth ordinance may limit the number
of building permits issued in the designated rural areas at a
level consistent with the comprehensive plan, except that the
same categories exempted under section 4360-A, subsection 4 are
also exempt.

 
3.__Duration of ordinance.__A rate of growth ordinance
affecting only areas of__a municipality designated as rural areas
in an adopted, consistent comprehensive plan may remain in effect
for the period of time the municipality considers consistent with
its comprehensive plan.


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