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MMA Legal Services Issues Guidance on Affordable Housing Law

Date Posted: Thursday, November 30, 2023
Posted In: Legal Services

On April 27, 2022, Governor Mills signed affordable housing legislation into law, P.L. 2021, c. 672, entitled, An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions (hereinafter the Affordable Housing Law). The law was later amended by P.L. 2023, c. 192, which was entitled An Act to Clarify Statewide Laws Regarding Affordable Housing and Accessory Dwelling Units. Together, these bills made significant changes to several state statutes governing municipal land use regulation in Maine – all with an eye toward increasing the availability of housing. The changes can be broadly broken down into four sections:

(1) requiring the DECD to establish statewide and regional housing production goals and identifying the municipal role in increasing affordable housing;

(2) requiring municipalities to adopt additional density requirements and other requirements for affordable housing developments under local land use ordinances;

(3) requiring municipalities to allow additional dwelling units on lots where residential uses are allowed, with the number of allowable units depending on the location of the lot and whether it contains an existing dwelling unit; and

(4) requiring municipalities to allow an accessory dwelling unit (ADU) on the same lot as a single-family dwelling unit in any area where residential uses are permitted and to comply with certain requirements pertaining to ADUs. 

The updated guidance is available here (member login required).