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§4359
Title 30-A: MUNICIPALITIES AND COUNTIES
Part 2: MUNICIPALITIES
Subpart 6-A: PLANNING AND LAND USE REGULATION
Chapter 187: PLANNING AND LAND USE REGULATION
Subchapter 3: LAND USE REGULATION
§4361

§4360. Rate of growth ordinances

1.  Ordinance review and update.  A municipality that enacts a rate of growth ordinance shall review and update the ordinance at least every 3 years to determine whether the rate of growth ordinance is still necessary and how the rate of growth ordinance may be adjusted to meet current conditions.  
[PL 2003, c. 127, §1 (NEW).]
1-A.  Definition; common scheme of development.  As used in this section, unless the context otherwise indicates, "common scheme of development" means a plan or process of development that:  
A. Takes place on contiguous parcels or lots in the same immediate vicinity; and   [PL 2025, c. 733, §3 (NEW); PL 2025, c. 733, §26 (AFF).]
B. Exhibits characteristics of a unified approach, method or effect, such as:  
(1) Unified ownership, management or supervision;  
(2) Sharing common equipment or labor; or  
(3) Common financing.   [PL 2025, c. 733, §3 (NEW); PL 2025, c. 733, §26 (AFF).]
[PL 2025, c. 733, §3 (NEW); PL 2025, c. 733, §26 (AFF).]
2.  Differential ordinances.  A municipality may enact rate of growth ordinances that set different limits on the number of building or development permits that are permitted in different areas, except that a municipality may not enact or enforce rate of growth ordinances that limit residential development in designated growth areas, as defined in section 4301, subsection 6‑C, except as authorized by subsection 3.  
[PL 2025, c. 733, §3 (AMD); PL 2025, c. 733, §26 (AFF).]
3.  Ordinance requirements; growth areas.  A municipality may adopt a rate of growth ordinance that applies to a designated growth area only if:  
A. The ordinance is consistent with section 4314, subsection 3;   [PL 2005, c. 597, §3 (NEW); PL 2005, c. 597, §4 (AFF).]
B. The ordinance sets the number of building or development permits for new residential dwellings at 105% or more of the mean number of total permits issued for new residential dwellings within the municipality during the 10 years immediately prior to the year in which the number is calculated. The mean is determined by adding together the total number of permits issued for new residential dwellings for each year in the prior 10 years and then dividing by 10;   [PL 2025, c. 733, §3 (AMD); PL 2025, c. 733, §26 (AFF).]
C. [PL 2025, c. 733, §3 (RP); PL 2025, c. 733, §26 (AFF).]
C-1. The ordinance does not restrict the number of building permits or require a development permit for affordable housing as defined in section 5246, subsection 1;   [PL 2025, c. 733, §3 (NEW); PL 2025, c. 733, §26 (AFF).]
D. The number of building or development permits for new residential dwellings allowed under the ordinance is recalculated every 3 years; and   [PL 2025, c. 733, §3 (AMD); PL 2025, c. 733, §26 (AFF).]
E. Within the designated growth area, the ordinance does not limit the development permits allowed per project or per common scheme of development to a number that is less than 35% of the allocated permits for that area.   [PL 2025, c. 733, §3 (NEW); PL 2025, c. 733, §26 (AFF).]
[PL 2025, c. 733, §3 (AMD); PL 2025, c. 733, §26 (AFF).]
4.  Ordinance requirements; other areas.  A municipality may adopt a rate of growth ordinance applicable to all other areas without limitation by this section.  
[PL 2025, c. 733, §3 (NEW); PL 2025, c. 733, §26 (AFF).]
SECTION HISTORY
PL 2001, c. 591, §1 (NEW). PL 2003, c. 127, §1 (RPR). PL 2005, c. 597, §3 (AMD). PL 2005, c. 597, §4 (AFF). PL 2007, c. 77, §§1, 2 (AMD). PL 2007, c. 155, §1 (AMD). PL 2007, c. 466, Pt. B, §20,21 (AFF). PL 2025, c. 385, §3 (AMD). PL 2025, c. 385, §23 (AFF). PL 2025, c. 733, §3 (AMD). PL 2025, c. 733, §25, 26 (AFF).
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