This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. Secondarily, Provision I and those that follow make clear that it is the State with its resources and larger geographical reach that is in the best position to assure that comprehensive plans and land use regulations are consistent, fair, and applied in a manner that protects and balances the rights and interests of all Maine citizens.
Orlando E. Delogu, Sam Merrill & Philip R. Saucier,
Some Model Amendments to Maine (and other States') Land Use Control Legislation,
Me. L. Rev.
Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol56/iss2/6