Sec. 1. 30-A MRSA §4352, sub-§6, as amended by PL 2003, c. 688, Pt. C, §20, is further amended to read:

6. Effect on State. A zoning ordinance that is not consistent with a comprehensive plan that is consistent with the provisions of section 4326 is advisory with respect to the State. Except as provided in this section, a state agency shall comply with a zoning ordinance consistent with a comprehensive plan that is consistent with the provisions of section 4326 in seeking to develop any building, parking facility or other publicly owned structure. Zoning ordinances, subdivision ordinances and site plan review ordinances are advisory with respect to the State, except that, when developing any buildings, parking facilities or other publicly owned structures, a state agency shall comply with zoning ordinances, subdivision ordinances and site plan review ordinances that the office determines are consistent with a comprehensive plan that the office has found consistent under section 4347-A.__For purposes of this subsection, "buildings, parking facilities or other publicly owned structures" does not include state highway maintenance facilities or state or state aid highways, bridges, railroads or trails. The Governor or the Governor's designee may, after public notice and opportunity for public comment, including written notice to the municipal officers, waive any use restrictions in those ordinances upon finding that:

A. The proposed use is not allowed anywhere in the municipality;

B. There are no reasonable alternative sites for or configurations of the project within the municipality that would achieve the necessary public purposes;

C. There are no reasonable alternatives to the project, including sites in other municipalities, that would achieve the necessary public purposes;

D. The project will result in public benefits beyond the limits of the municipality, including without limitation, access to public waters or publicly owned lands; and

E. The project is necessary to protect the public health, welfare or environment.

A decision to waive a restriction under this section may be appealed by the municipality or any aggrieved party to Superior Court.