LD 2003 - Update from the Housing Opportunity Program
Greetings from the Housing Opportunity Program!
We can hardly believe it is already fall and that a group of towns and cities across Maine are in the home stretch of finalizing ordinances to comply with the first deadline in PL 2021, ch. 672 (LD 2003) of January 1, 2024, for towns that do not utilize town meeting to adopt ordinances.
As you are likely aware, LD 2003 requires municipalities across the State to update and create ordinances to remove regulatory barriers to create more housing, including by allowing affordable housing developments in certain areas; additional dwelling units on lots in residential areas; and accessory dwelling units (ADUs) on lots with an existing single-family home.
We have fielded a lot of questions from municipal planners and planning board members about the difference between a dwelling unit and an ADU for purposes of this legislation. The legislation distinguishes between dwelling units and ADUs, applying different standards to each type of housing structure. For instance, a municipality must exempt ADUs from local density requirements and cannot require additional parking requirements for the addition of an ADU, unlike for the addition of a dwelling unit. See 30-A M.R.S. § 4364-B(4)(A), (C).
We recommend that municipalities differentiate between an ADU and a dwelling unit by defining each term in local ordinance. The Department of Economic and Community Development’s rule provides definitions of these two terms, but municipalities may adapt these definitions to fit local needs. The primary difference between accessory dwelling unit and a dwelling unit will likely be the size of the proposed unit and how it is oriented in relation to the existing structure. For purposes of LD 2003, municipalities have the discretion to determine if a housing structure constitutes an ADU or a dwelling unit.
If you have any questions about this legislation, please reach out to us at housing.decd@maine.gov. You can also download the LD 2003 Guidance Document, updated October 2023.
In addition, the Housing Opportunity Program has funding opportunities available to support municipalities with ordinance development to increase housing. The first funding opportunity provides payments to municipalities to assist with the costs of complying with P.L. 2021, ch. 672. The second is our Service Provider Grant Program, which recently awarded over $800,000 to regional planning organizations and non-profits to support municipalities with ordinance development and housing development plans. Finally, we anticipate that our third funding opportunity, municipal grants for community housing planning and implementation services, will be open for applications later this year. Additional information about funding opportunities can be found on our website.
Sincerely,
Benjamin Averill and Hilary Gove
Housing Opportunity Program Coordinators
Benjamin Averill
Ben Averill co-coordinates the Housing Opportunity Program at the Maine Department of Economic and Community Development, supporting municipalities with land use and zoning ordinance amendments to support housing development across the State of Maine. He has significant municipal planning and economic development experience, having most recently served as Director of Planning for the City of Bath and previously working for the Town of Wiscasset and the City of Auburn. He graduated from Clark University and attended the Muskie School of Public Service at the University of Southern Maine.
Hilary Gove
Hilary Gove co-coordinates the Housing Opportunity Program at the Maine Department of Economic and Community Development, supporting municipalities with land use and zoning ordinance amendments to support housing development. Prior to this position, she worked as a policy writer for the Maine Department of Health and Human Services. She also served as a law clerk for the Maine Supreme Judicial Court. She is a graduate of the University of Maine School of Law and William Smith College.