§4326. Growth management program elements
A growth management program must include at least a comprehensive plan, as described in subsections 1 to 4, and an implementation program as described in subsection 5. [2001, c. 578, §15 (AMD).]
1. Inventory and analysis.
A comprehensive plan must include an inventory and analysis section addressing state
goals under this subchapter and issues of regional or local significance that the
municipality or multimunicipal region considers important. The inventory must be
based on information provided by the State, regional councils and other relevant local
sources. The analysis must include 10-year projections of local and regional growth
in population and residential, commercial and industrial activity; the projected need
for public facilities; and the vulnerability of and potential impacts on natural resources.
The inventory and analysis section must include, but is not limited to:
A. Economic and demographic data describing the municipality or multimunicipal region
and the region in which it is located; [2001, c. 578, §15 (AMD).]
B. Significant water resources such as lakes, aquifers, estuaries, rivers and coastal
areas and, when applicable, their vulnerability to degradation; [2001, c. 578, §15 (AMD).]
C. Significant or critical natural resources, such as wetlands, wildlife and fisheries
habitats, significant plant habitats, coastal islands, sand dunes, scenic areas, shorelands,
heritage coastal areas as defined under Title 5, section 3316, and unique natural
areas; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
D. Marine-related resources and facilities such as ports, harbors, commercial moorings,
commercial docking facilities and related parking, and shell fishing and worming areas; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
E. Commercial forestry and agricultural land; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
F. Existing recreation, park and open space areas and significant points of public
access to shorelands within a municipality or multimunicipal region; [2001, c. 578, §15 (AMD).]
G. Existing transportation systems, including the capacity of existing and proposed
major thoroughfares, secondary routes, pedestrian ways and parking facilities; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
H. Residential housing stock, including affordable housing, and policies that assess community needs and environmental effects of municipal
regulations, lessen the effect of excessive parking requirements for buildings in
downtowns and on main streets and provide for alternative approaches for compliance
relating to the reuse of upper floors of buildings in downtowns and on main streets; [2015, c. 349, §3 (AMD).]
I. Historical and archeological resources including, at the discretion of the municipality
or multimunicipal region, stone walls, stone impoundments and timber bridges of historical
significance; [2001, c. 578, §15 (AMD).]
J. Land use information describing current and projected development patterns; and [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
K. An assessment of capital facilities and public services necessary to support growth
and development and to protect the environment and health, safety and welfare of the
public and the costs of those facilities and services. [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
[
2015, c. 349, §3 (AMD)
.]
2. Policy development.
A comprehensive plan must include a policy development section that relates the
findings contained in the inventory and analysis section to the state goals. The
policies must:
A. Promote the state goals under this subchapter; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
B. Address any conflicts between state goals under this subchapter; [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
C. Address any conflicts between regional and local issues; and [1989, c. 104, Pt. A, §45 (NEW); 1989, c. 104, Pt. C, §10 (NEW).]
D. Address the State's coastal policies if any part of the municipality or multimunicipal
region is a coastal area. [2001, c. 578, §15 (AMD).]
[
2001, c. 578, §15 (AMD)
.]
3. Implementation strategy.
A comprehensive plan must include an implementation strategy section that contains
a timetable for the implementation program, including land use ordinances, ensuring
that the goals established under this subchapter are met. These implementation strategies
must be consistent with state law and must actively promote policies developed during
the planning process. The timetable must identify significant ordinances to be included
in the implementation program. The strategies and timetable must guide the subsequent
adoption of policies, programs and land use ordinances and periodic review of the comprehensive plan.
A. [2001, c. 578, §15 (RP); 2001, c. 667, Pt. H, §3 (AFF); 2001, c. 667, Pt. H, §1 (RP).]
B. [2001, c. 578, §15 (RP).]
C. [2001, c. 578, §15 (RP).]
D. [2001, c. 578, §15 (RP).]
E. [2001, c. 578, §15 (RP).]
F. [2001, c. 578, §15 (RP).]
G. [2001, c. 578, §15 (RP).]
H. [2001, c. 578, §15 (RP).]
I. [2001, c. 578, §15 (RP).]
J. [2001, c. 578, §15 (RP).]
[
2007, c. 247, §2 (AMD)
.]
3-A. Guidelines for policy development and implementation strategies.
In developing its strategies and subsequent policies, programs and land use ordinances,
each municipality or multimunicipal region shall employ the following guidelines consistent
with the goals of this subchapter:
A. Except as otherwise provided in this paragraph, identify and designate geographic
areas in the municipality or multimunicipal region as growth areas and rural areas,
as defined in this chapter.
(1) Within growth areas, each municipality or multimunicipal region shall:
(a) Establish development standards;
(b) Establish timely permitting procedures;
(c) Ensure that needed public services are available; and
(d) Prevent inappropriate development in natural hazard areas, including flood plains
and areas of high erosion.
(2) Within rural areas, each municipality or multimunicipal region shall adopt land
use policies and ordinances to discourage incompatible development. These policies
and ordinances may include, without limitation, density limits, cluster or special
zoning, acquisition of land or development rights, transfer of development rights
pursuant to section 4328 and performance standards. The municipality or multimunicipal
region should also identify which rural areas qualify as critical rural areas as defined
in this chapter. Critical rural areas must receive priority consideration for proactive
strategies designed to enhance rural industries, manage wildlife and fisheries habitat
and preserve sensitive natural areas.
(3) A municipality or multimunicipal region may also designate as a transitional
area any portion of land area that does not meet the definition of either a growth
area or a rural area. Such an area may be appropriate for medium-density development
that does not require expansion of municipal facilities and does not include significant
rural resources.
(4) A municipality or multimunicipal region is not required to identify growth areas
within the municipality or multimunicipal region for residential, commercial or industrial
growth if it demonstrates, in accordance with rules adopted by the department pursuant to this article, that:
(a) It is not possible to accommodate future residential, commercial or industrial
growth within the municipality or multimunicipal region because of severe physical
limitations, including, without limitation, the lack of adequate water supply and
sewage disposal services, very shallow soils or limitations imposed by protected natural
resources;
(b) The municipality or multimunicipal region has experienced minimal or no residential,
commercial or industrial development over the past decade and this condition is expected
to continue over the 10-year planning period;
(c) The municipality or multimunicipal region has identified as its growth areas one
or more growth areas identified in a comprehensive plan adopted or to be adopted by
one or more other municipalities or multimunicipal regions in accordance with an interlocal
agreement adopted in accordance with chapter 115 with one or more municipalities or
multimunicipal regions; or
(d) The municipality or multimunicipal region has no village or densely developed
area.
(6) A municipality or multimunicipal region exercising the discretion afforded by
subparagraph 4 shall review the basis for its demonstration during the periodic revisions
undertaken pursuant to section 4347-A; [2011, c. 655, Pt. JJ, §17 (AMD); 2011, c. 655, Pt. JJ, §41 (AFF).]
B. Develop a capital investment plan for financing the replacement and expansion of
public facilities and services required to meet projected growth and development; [2001, c. 578, §15 (NEW).]
C. Protect, maintain and, when warranted, improve the water quality of each water body
pursuant to Title 38, chapter 3, subchapter I, article 4-A and ensure that the water
quality will be protected from long-term and cumulative increases in phosphorus from
development in great pond watersheds; [2001, c. 578, §15 (NEW).]
D. Ensure that its land use policies and ordinances are consistent with applicable
state law regarding critical natural resources. A municipality or multimunicipal
region, if authorized to enact ordinances, may adopt ordinances more stringent than
applicable state law; [2001, c. 578, §15 (NEW).]
E. Ensure the preservation of access to coastal waters necessary for commercial fishing,
commercial mooring, docking and related parking facilities. Each coastal area may
identify and designate one or more critical waterfront areas and implement policies
to ensure protection of those areas or otherwise discourage new development that is
incompatible with uses related to the marine resources industry; [2001, c. 578, §15 (NEW).]
F. Ensure the protection of agricultural and forest resources. Each municipality or
multimunicipal region shall discourage new development that is incompatible with uses
related to the agricultural and forest industries; [2001, c. 578, §15 (NEW).]
G. Ensure that the municipality's or multimunicipal region's land use policies and ordinances
encourage the siting and construction of affordable housing within the community and
comply with the requirements of section 4358 pertaining to individual mobile home
and mobile home park siting and design requirements. The municipality or multimunicipal
region shall seek to achieve a level of at least 10% of new residential development,
based on a 5-year historical average of residential development in the municipality
or multimunicipal region, that meets the definition of affordable housing. A municipality
or multimunicipal region is encouraged to seek creative approaches to assist in the
development of affordable housing, including, but not limited to, cluster housing,
reduced minimum lot and frontage sizes, increased residential densities, use of municipally owned land and establishment of policies that assess community needs and environmental effects
of municipal regulations, lessen the effect of excessive parking requirements for
buildings in downtowns and on main streets and provide for alternative approaches
for compliance relating to the reuse of upper floors of buildings in downtowns and
on main streets; [2015, c. 349, §4 (AMD).]
H. Ensure that the value of historical and archeological resources is recognized and
that protection is afforded to those resources that merit it; [2001, c. 578, §15 (NEW).]
I. Encourage the availability of and access to traditional outdoor recreation opportunities,
including, without limitation, hunting, boating, fishing and hiking, and encourage
the creation of greenbelts, public parks, trails and conservation easements. Each
municipality or multimunicipal region shall identify and encourage the protection
of undeveloped shoreland and other areas identified in the local planning process
as meriting that protection; [2015, c. 349, §5 (AMD).]
J. Develop management goals for great ponds pertaining to the type of shoreline character,
intensity of surface water use, protection of resources of state significance and
type of public access appropriate for the intensity of use of great ponds within the
municipality's or multimunicipal region's jurisdiction; and [2015, c. 349, §5 (AMD).]
K. Encourage policies that assess community needs and environmental effects of municipal
regulations, lessen the effect of excessive parking requirements for buildings in
downtowns and on main streets and provide for alternative approaches for compliance
relating to the reuse of upper floors of buildings in downtowns and on main streets. [2015, c. 349, §6 (NEW).]
[
2007, c. 247, §3 (AMD);
2015, c. 349, §§4-6 (AMD)
.]
4. Regional coordination program.
A regional coordination program must be developed with other municipalities or multimunicipal
regions to manage shared resources and facilities, such as rivers, aquifers, transportation
facilities and others. This program must provide for consistency with the comprehensive
plans of other municipalities or multimunicipal regions for these resources and facilities.
[
2001, c. 578, §15 (AMD)
.]
5. Implementation program.
An implementation program must be adopted that is consistent with the strategies
in subsection 3-A.
[
2001, c. 578, §15 (AMD)
.]
SECTION HISTORY
1989, c. 104, §§A45,C10 (NEW).
1989, c. 271, §4 (AMD).
1989, c. 562, §6 (AMD).
1989, c. 878, §A84 (AMD).
1991, c. 79, (AMD).
1991, c. 278, §2 (AMD).
1991, c. 622, §F29 (AMD).
1991, c. 722, §7 (AMD).
1991, c. 722, §11 (AFF).
1991, c. 838, §§8-11 (AMD).
1993, c. 166, §§6,7 (AMD).
1993, c. 721, §A3 (AMD).
1993, c. 721, §H1 (AFF).
1999, c. 776, §8 (AMD).
2001, c. 406, §4 (AMD).
2001, c. 578, §15 (AMD).
2001, c. 592, §1 (AMD).
2001, c. 667, §§H1,2 (AMD).
2001, c. 667, §H3 (AFF).
2007, c. 247, §§2, 3 (AMD).
2011, c. 655, Pt. JJ, §17 (AMD).
2011, c. 655, Pt. JJ, §41 (AFF).
2015, c. 349, §§3-6 (AMD).