Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the State Housing Legislation topic
No spam. Unsubscribe anytime.
Committee reviews how LD 1829 and LD 2173 affect local lot-size, density and height rules
Summary
Staff summarized changes in LD 1829 and LD 2173 — including raising some minimum lot-size thresholds and preserving a 14-foot affordable-height bonus with possible municipal caps — and the committee discussed how those changes interact with shoreland exemptions, public water/sewer service areas, and the town’s VR3 and campground rules. Staff will supply a GIS map of water/sewer service and a table of compliance gaps.
A staff member summarized the sections of LD 1829 and LD 2173 likely to affect Mount Desert and answered committee questions about how the bills change minimum-lot-size and housing-density requirements.
Staff told the committee that a prior local rule allowed two dwelling units on lots as small as 5,000 square feet when connected to public water and sewer; the new state language referenced in the packet changes that minimum to 10,000 square feet for two units and to 20,000 square feet for each additional unit, and adds some exceptions (for example, flood-hazard-area exceptions staff said do not apply in Mount Desert). "They changed the square footage for that where it was 5,000 square feet previously ... to 10,000 square feet and you have to allow two units on 10,000 square feet," the staff member summarized.
Staff also explained the affordable-housing height bonus: municipalities must allow a 14-foot bonus but may cap overall building height; in Mount Desert the existing maximum is 40 feet, so staff noted the bonus could be constrained by local height limits and recommended using the fire chief as part of any review process for taller structures. The committee discussed whether shoreland zones are fully exempt from aspects of the bills; staff said some provisions exempt shoreland commercial/industrial zones from certain mandates, but the town’s own "wholly or partially" language may preserve stricter local limits.
Committee members asked about geography: staff will provide a GIS map showing where the town has both public water and sewer (noting Seal Harbor and Northeast Harbor are the only areas currently with both), and a table that highlights where the town is already compliant with the state changes versus where ordinance revisions or policy decisions will be required. Members agreed the comp-plan growth-area map may shift which parcels are affected and that some follow-up work (including review of the VR3 zone and campground nonconforming-use language) is needed.
No formal votes or ordinance amendments were adopted at this meeting. Staff will return with clarified maps, a compliance table and suggested ordinance edits or options for the committee to review.
