Wells selectmen keep 12‑month minimum for accessory dwelling units, send revised ADU ordinance to November ballot

WELLS, Maine — The Town of Wells Board of Selectmen voted Tuesday to keep a 12‑month minimum occupancy requirement for accessory dwelling units (ADUs) after a lengthy public workshop and then forwarded the revised land‑use ordinance to the November special election.

The board unanimously recommended retaining a 12‑month minimum for ADU occupancy and also approved language clarifying that ADUs are intended to create year‑round housing. The board then voted 5–0 to move the amended ordinance to the certification and warrant‑signing phase for the Nov. 4, 2025 secret‑ballot vote.

The ADU ordinance proposal (amending chapter 145, Land Use) updates definitions to conform with state law (LD 2,003), adds an owner‑occupancy definition, allows detached ADUs, increases the maximum ADU size from 600 to 800 square feet, and proposes a 400‑square‑foot minimum for detached ADUs. It also seeks to prohibit short‑term, vacation‑style rentals by setting a minimum occupancy period.

At the workshop, Mike (staff member) summarized the draft ordinance and said the changes were intended to comply with LD 2,003 and to expand options for year‑round housing. Discussion focused on a sentence that read, in part: “Therefore, none of these dwelling units can be leased or occupied by persons other than an owner occupant or their family members or guests who occupy the dwelling unit without compensation for a period of less than 12 consecutive months.” Joy (staff member) read the revised wording aloud during the meeting.

Selectmen debated whether the rule should limit only leases, or leases and occupancy, and whether to carve out explicit exceptions for family members, temporary caregiving or students. Several board members noted enforcement limitations and said the provision was aimed at preventing ADUs from being turned into Vacation‑rental/short‑term units rather than the long‑term housing stock the statute aims to encourage.

John (select board member) and others argued the 12‑month requirement helps ensure ADUs serve year‑round housing needs; Kathy (select board member) and others raised concerns that strict 12‑month language could exclude legitimate short‑term family uses (for example, temporary caregiving or seasonal workers). Leah (select board member) suggested clarifying the wording to allow unpaid family or guest occupancy while continuing to ban compensated short‑term rentals.

After amendments were drafted in real time, the board voted to retain the 12‑month minimum with the new language clarifying unpaid family/guest occupancy. The board then voted 5–0 to advance the ordinance, as amended, to the ballot for voter consideration.

Why it matters: ADU regulations intersect with state law (LD 2,003) and with a new state law (LD 18‑29) that will further limit owner‑occupancy requirements for municipalities after a delayed compliance date. The selectmen and planning board said they intend the local ordinance to conform to state language while preserving local intent to expand year‑round affordable housing and prevent conversion to vacation rentals.

Next steps: The selectmen forwarded the amended ordinance to the warrant certification process; voters will decide the ordinance at a secret‑ballot referendum on Nov. 4, 2025.