Sec. 1. 30-A MRSA §4401, sub-§4, ¶A, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

A. In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of the tract or parcel is considered to create the first 2 lots and the next dividing of either of these first 2 lots, by whomever accomplished, is considered to create a 3rd lot, unless:

(1) Both dividings are accomplished by a subdivider who has retained one of the lots for the subdivider's own use as a single-family residence or for open space land as defined in Title 36, section 1102, that has been the subdivider's principal residence for a period of at least 5 years before immediately preceding the 2nd dividing occurs division; or

(2) The division of the tract or parcel is otherwise exempt under this subchapter.

Sec. 2. 30-A MRSA §4401, sub-§4, ¶C, as amended by PL 1989, c. 326, §1, is further amended to read:

C. A lot of 40 or more acres shall may not be counted as a lot, except:

(1) When the lot or parcel from which it was divided is located entirely or partially within any shoreland area as defined in Title 38, section 435, or a municipality's shoreland zoning ordinance; or.

(2) When a municipality has, by ordinance, or the municipal reviewing authority has, by regulation, elected to count lots of 40 or more acres as lots for the purposes of this subchapter when the parcel of land being divided is located entirely outside any shoreland area as defined in Title 38, section 435, or a municipality's shoreland zoning ordinance.

Sec. 3. 30-A MRSA §4401, sub-§4, ¶D, as amended by PL 1991, c. 500, §1, is repealed.

Sec. 4. 30-A MRSA §4401, sub-§4, ¶¶D-1 to D-6 are enacted to read:

D-1.__A division accomplished by devise does not create a lot or lots for the purposes of this definition, unless the