§4347-A. Review of programs by department
(CONFLICT)
1.
Comprehensive plans.
[PL 2025, c. 388, Pt. D, §35 (RP).]
2.
Growth management programs.
A.
[PL 2025, c. 388, Pt. D, §35 (RP).]
B.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35)
[PL 2025, c. 388, Pt. D, §35 (RP).]
B.
(CONFLICT: Text as amended by PL 2025, c. 393, §37) Certification by the department is valid for 12 years. To maintain certification, a municipality or multimunicipal region shall periodically review its growth management program and submit to the department in a timely manner any revisions necessary to account for changes, including changes caused by growth and development. Certification does not lapse in any year in which the Legislature does not appropriate funds to the department for the purposes of reviewing programs for recertification.
[PL 2025, c. 393, §37 (AMD).]
C.
[PL 2025, c. 388, Pt. D, §35 (RP).]
[PL 2025, c. 388, Pt. D, §35 (RP); PL 2025, c. 393, §37 (AMD).]
3.
Review of growth management program.
A.
[PL 2025, c. 388, Pt. D, §35 (RP).]
B.
[PL 2025, c. 388, Pt. D, §35 (RP).]
C.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35)
(3)
(CONFLICT: Text as amended by PL 2025, c. 393, §38) Notwithstanding paragraph D, if a municipality or multimunicipal region requests a certificate of consistency for its growth management program, any unmodified component of that program that has previously been reviewed by the department and has received a finding of consistency will retain that finding during program certification review by the department as long as the finding of consistency is current as defined in rules adopted by the department;
[PL 2025, c. 388, Pt. D, §35 (RP); PL 2025, c. 393, §38 (AMD).]
D.
[PL 2025, c. 388, Pt. D, §35 (RP).]
E.
[PL 2025, c. 388, Pt. D, §35 (RP).]
[PL 2025, c. 388, Pt. D, §35 (RP); PL 2025, c. 393, §38 (AMD).]
3-A.
Review of comprehensive plan.
A.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35) [PL 2025, c. 388, Pt. D, §35 (RP).]
A.
(CONFLICT: Text as amended by PL 2025, c. 393, §39) Solicit written comments on any proposed comprehensive plan from regional councils, state agencies, all municipalities contiguous to the municipality or multimunicipal region submitting a comprehensive plan and any interested residents of the municipality or multimunicipal region or of contiguous municipalities. The comment period extends for 20 business days after the department receives a comprehensive plan that has been determined complete by the department. Each state agency reviewing the proposal shall designate a person or persons responsible for coordinating the agency's review of the comprehensive plan;
[PL 2025, c. 393, §39 (AMD).]
B.
[PL 2025, c. 388, Pt. D, §35 (RP).]
C.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35) [PL 2025, c. 388, Pt. D, §35 (RP).]
C.
(CONFLICT: Text as amended by PL 2025, c. 393, §40) Within 10 business days after receiving the comprehensive plan, notify the municipality or multimunicipal region if the plan is complete for purposes of review. If the department notifies the municipality or multimunicipal region that the plan is not complete for purposes of review, the department shall indicate in its notice necessary additional data or information;
[PL 2025, c. 393, §40 (AMD).]
D.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35) [PL 2025, c. 388, Pt. D, §35 (RP).]
D.
(CONFLICT: Text as amended by PL 2025, c. 393, §41) Within 35 business days of issuing notification that a comprehensive plan is complete for purposes of review, issue findings specifically describing whether the submitted plan is consistent with the procedures, goals and guidelines established in this subchapter and identify which inconsistencies in the plan, if any, may directly affect rate of growth, zoning or impact fee ordinances.
(1)
In its findings, the department shall clearly indicate its position on any point on which there are significant conflicts among the written comments submitted to the department.
(2)
If the department finds that the comprehensive plan was developed in accordance with the procedures, goals and guidelines established in this subchapter, the department shall issue a finding of consistency for the comprehensive plan.
(3)
A finding of inconsistency must identify the goals under this subchapter not adequately addressed, specific sections of the rules relating to comprehensive plan review adopted by the department not adequately addressed and recommendations for resolving the inconsistency;
[PL 2025, c. 393, §41 (AMD).]
E.
[PL 2025, c. 388, Pt. D, §35 (RP).]
F.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35) [PL 2025, c. 388, Pt. D, §35 (RP).]
F.
(CONFLICT: Text as amended by PL 2025, c. 393, §42) Provide ample opportunity for the municipality or multimunicipal region submitting a comprehensive plan to respond to and revise the plan to be consistent with the procedures, goals and guidelines of this subchapter. A finding of inconsistency for a comprehensive plan may be addressed within 24 months of the date of the finding without addressing any new review standards that are created during that time interval. After 24 months, the plan must be resubmitted in its entirety for state review under the department's most current review standards.
[PL 2025, c. 393, §42 (AMD).]
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35 and amended by PL 2025, c. 393, §43) If the department finds that a plan is not consistent with the procedures, goals and guidelines established in this subchapter, the municipality or multimunicipal region that submitted the plan may appeal that finding to the department within 20 business days of receipt of the finding in accordance with rules adopted by the department, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
(CONFLICT: Text as repealed by PL 2025, c. 388, Pt. D, §35 and amended by PL 2025, c. 393, §44) A finding by the department pursuant to paragraph D that a comprehensive plan is consistent with the procedures, goals and guidelines established in this subchapter is valid for 12 years from the date of its issuance. A finding by the department issued pursuant to this subchapter after January 1, 2013 that a comprehensive plan is consistent with the procedures, goals and guidelines established in this subchapter is valid until December 31, 2028 or 12 years after the date of consistency determined by the department, whichever is later. For purposes of section 4314, subsection 3 and section 4352, subsection 2, expiration of a finding of consistency pursuant to this subsection does not itself make a comprehensive plan inconsistent with the procedures, goals and guidelines established in this subchapter.
[PL 2025, c. 388, Pt. D, §35 (RP); PL 2025, c. 393, §§39-44 (AMD).]
4.
Updates and amendments.
[PL 2025, c. 388, Pt. D, §35 (RP).]
5.
Regional councils.
[PL 2025, c. 388, Pt. D, §35 (RP).]
SECTION HISTORY
PL 2001, c. 406, §10 (NEW). PL 2001, c. 578, §20 (AMD). PL 2003, c. 641, §§13-15 (AMD). PL 2007, c. 247, §§4, 5 (AMD). PL 2011, c. 655, Pt. JJ, §21 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2025, c. 388, Pt. D, §35 (RP). PL 2025, c. 393, §§37-44 (AMD).