Suggested Revisions in Maine's Planning and Land Use Control Enabling Legislation—Part II

The process which transfers land from its natural or an unintensively used agricultural state to house lots, shopping centers, or industrial sites is often referred to as land subdivision. No more long-lasting or fundamental series of changes with respect to the land can be imagined; yet the process in Maine is not only unregulated by the state and by most local levels of government, but is not at present capable of being regulated in any meaningful sense of the word. No state statutes exist which impose even the most reasonable standards, limitations, or procedural safeguards on either the process of subdividing or on subdividers (developers); and the state's enabling legislation allowing municipalities to regulate the subdivision of land is naive in its simplicity. Even those municipalities which are or might be inclined to apply sound planning principles and modem development controls are hesitant because they lack a clear and express delegation of power to so act. Municipalities are justifiably reluctant to rely on implied powers or tenuous extrapolations of existing powers which courts would almost certainly be unwilling to sustain in spite of the necessity and reasonableness of the subdivision controls imposed. This paper does not deal with state level subdivision controls. It does suggest extensive revision and expansion of municipal powers to control land subdivision. In addition, it suggests legislation which would allow an expanded use of the concept of official mapping; and a more forceful dealing with the problems arising in certain particularly sensitive land areas, e.g., shorelands, highway interchanges, highway frontage areas. Finally, it suggests creating express municipal power to control billboards, and air and water pollution. Each section is accompanied with commentary and footnotes explaining the rationale and justification for the approaches employed and citing appropriate authority for the proposed statutory formulations.