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Affordable Housing Rules Issued

Affordable Housing Rules Issued

Date Posted: Monday, May 22, 2023
Posted In: News, Legal Services

The Maine Department of Economic & Community Development (DECD) has issued a Final Rule implementing legislation enacted last year aimed at removing regulatory barriers to affordable housing production in Maine. The “Affordable Housing Law” requires additional density allowances for affordable housing developments and requires that municipalities allow multiple dwelling units and accessory dwelling units in specified areas (see 30-A M.R.S. §§ 4364 – 4364-C)

DECD’s “Housing Opportunity Program: Municipal Land Use and Zoning Ordinance Rule,” 19-100 C.M.R. ch.5,  provides additional definitions and detail to guide implementation of the law’s requirements. Although the Rule provides additional clarity on a number of issues, municipal leaders should also be aware that the Legislature is currently in session and proposed legislation is currently under review that might amend the law or extend deadlines for municipal implementation.

The DECD plans to issue updated guidance materials on the topic in the near future. For a copy of the rule and DECD guidance, visit: www.maine.gov/decd/housingopportunityprogram.

Contact MMA Legal Services at 800-452-8786 or legal@memun.org with questions about the law’s requirements.

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