Clarification on LD 1829 and Accessory Dwelling Units (ADUs) and the Maine Land Use Planning Commission (LUPC) Service Area

The Maine Land Use Planning Commission (the LUPC or Commission) serves as the planning and zoning authority for the unorganized and deorganized areas of the State, including townships and plantations.

Recent Maine media coverage has inaccurately stated that LD 1829 allows Accessory Dwelling Units (ADUs) statewide, including within the Department of Agriculture, Conservation and Forestry’s Land Use Planning Commission’s (LUPC) service area. LD 1829 does not apply within the LUPC’s service area. The law established new housing density requirements under Title 30-A, which governs municipalities. Land use in the LUPC jurisdiction is governed separately under Title 12, and therefore, the standards in LD 1829 do not extend to the towns, plantations, and townships overseen by the Commission. Residents considering adding an ADU on a property in Maine’s Unorganized and Deorganized Territories should contact their regional permitting representative to discuss applicable current and potential future standards and permitting requirements.

ADU considerations will be part of the LUPC’s process to update its Comprehensive Land Use Plan (CLUP), the LUPC’s guiding policy document. Updating the LUPC’s CLUP is a multi-year process involving input from a wide range of stakeholders across the state. The update process is currently in the planning stage. Rule revisions allowing ADUs where appropriate may originate from the CLUP update. Please subscribe to receive LUPC email notifications to stay informed of the CLUP process and other important matters.

Contact Stacy Benjamin at stacy.benjamin@maine.gov for more information.