Maine lawmakers on Thursday advanced a bill designed to increase housing density and support the creation of more accessory dwelling units, or ADUs.
Again.
LD 2173 is the third such bill in four years and is intended to fix or clarify parts of another bill that passed last session while also offering compromises on some aspects that rankled several communities who said it went too far in limiting their ability to control growth in their own towns.
The measure, sponsored by Rep. Amanda Collamore, R-Pittsfield, extends the implementation deadline by a year for some communities and reintroduces rate-of-growth ordinances that were removed in the last session. It also doubles the lot-size minimums that municipalities can require in some parts of town.
The Housing and Economic Development Committee voted unanimously to send the bill to the full Legislature.
Because some parts of last year’s bill were set to become effective in July, LD 2173 is an emergency, meaning it needs approval from two-thirds of the House and Senate and would go into effect immediately.
“There will never be enough public dollars to subsidize the full amount of housing Maine needs to meet its goals. Most of our housing must be created without subsidy. That means we need laws that allow housing to be built in practical, small-scale ways,” Collamore said in testimony introducing the bill. “These changes rebalance how housing gets built in Maine. They support accessory dwelling units, duplexes and small multifamily homes, and they recognize that individual property owners who want to build on their own land are a major part of the solution.”
How we got here
In 2022, the Legislature passed LD 2003, a landmark bill that effectively banned single-family zoning statewide. The law was based on recommendations from a state commission tasked with finding ways to increase housing opportunities in Maine.
Housing experts touted the law as key to solving the state’s ongoing housing crisis by allowing more homes per lot, and unlocking the ability for almost any homeowner to build an accessory dwelling unit — sometimes called granny flats on in-law apartments — on their property for aging parents, adult children or rental income.
But the bill faced initial pushback from several communities and created snags that sponsors said created tepid uptake.
So, they passed LD 1829 last session to iron out the wrinkles and further increase density. The bill sought to make accessory dwelling units more prolific by allowing up to four units per lot in some areas and eliminating costly barriers like sprinkler requirements, owner occupancy mandates and changes to the state’s definition of “subdivision” to decrease planning board review.
But the bill also introduced more controversial provisions like allowing for increased density and prohibiting minimum lot sizes greater than 5,000 square feet in parts of town connected to water and sewer, even if they’re outside of areas the town has designated for growth. It also prohibits limits on residential development in growth areas and allows for affordable housing projects to exceed certain height requirements, among other changes.
The bill was set to go into effect in July of this year for some towns and July 2027 for others.
‘One size fits all’ does not fit all
Communities swiftly pushed back against the legislation, arguing that it goes too far. A “one size fits all” approach is not appropriate in a state as large as Maine and erodes the state’s long history of home rule, they argued.
Municipalities including Scarborough, Windham and Brunswick adopted resolutions opposing the legislation.
Collamore’s bill tried to find some compromise, but many town officials argued in testimony that the bill doesn’t go far enough to correct the previous legislation.
It tramples on comprehensive plans by disregarding where towns have identified areas to grow while providing no additional funding for the infrastructure challenges that could come with increased growth, they said.
Legislators ultimately passed an amended version of the bill.
Originally, the bill reinstated growth rate ordinances, but required municipalities to grow at 130% of the average of the past five years, compared with a rate of 105% over a 10-year average, which is currently required. The amended version kept the current rules.
Additionally, the original bill kept LD 1829’s 5,000 square-foot minimum lot size for non-growth areas served by water and sewer. After hearing from communities, that was doubled to 10,000 square feet.
Finally, lawmakers agreed to extend the implementation date for all towns to July 1, 2027, although that provision needs additional review from the Office of Policy and Legal Analysis because it involves changes to a law that has been enacted.
This story was originally published by the Maine Trust for Local News. Hannah LaClaire can be reached at hlaclaire@pressherald.com.