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ME LD1914

ME LD1914
An Act to Address Housing Density Requirements in Sole Source Aquifer Island and Peninsular Communities


summary

Introduced
05/06/2025
In Committee
05/07/2025
Crossed Over
Passed
Dead
05/27/2025

Introduced Session

132nd Legislature

Bill Summary

This bill establishes an exemption from the Maine Revised Statutes, Title 30-A, sections 4364 to 4364-C for municipalities that are located wholly or partially on an island or peninsula and rely on a primary drinking water supply derived from a sole source aquifer. The bill provides that such a municipality is exempt from these provisions until a licensed geologist has analyzed the groundwater and septic capacity within the municipality or a particular area within the municipality and determined that it can support an increase in housing density. If the licensed geologist determines in the geologist's evaluation report that the area can support an increase in housing, the municipality is required to comply with the provisions of Title 30-A, sections 4364 to 4364-C, to the extent that the licensed geologist determines the area can support the increase. If the geologist's evaluation report indicates the area cannot support an increase in housing density, the municipality is exempt from Title 30-A, sections 4364 to 4364-C. The Department of Economic and Community Development and the Department of Environmental Protection are directed to adopt rules to implement this legislation. The Department of Environmental Protection has rule-making authority limited to establishing criteria by which municipalities may select a licensed geologist and other rules necessary to perform the geological evaluation required under this legislation.

AI Summary

This bill establishes a special exemption for municipalities located on islands or peninsulas that rely on a sole source aquifer (a primary drinking water source designated by the EPA as critical) from standard housing density requirements. Under this legislation, such municipalities are not required to increase housing density until a licensed geologist conducts a comprehensive evaluation of the area's groundwater and septic system capacity. The geologist must analyze specific factors including soil composition, groundwater resources, septic system functionality, and potential saltwater impacts. If the geological report determines that an area can support increased housing density, the municipality must update its comprehensive plan and zoning ordinances accordingly, but only to the extent recommended in the report. Conversely, if the report indicates that increased housing density would be detrimental, the municipality remains exempt from density requirements for that area. The bill requires annual reporting to the Department of Economic and Community Development and grants rule-making authority to both this department and the Department of Environmental Protection to establish guidelines for implementing the geological evaluation process. This approach aims to protect sensitive environmental areas while providing a pathway for potential housing development based on scientific assessment.

Committee Categories

Housing and Urban Affairs

Sponsors (9)

Last Action

Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD) (on 05/27/2025)

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