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36-A M.R.S.A. Sec 4301 (5-A)
Definition – ‘Downtown’ |
| Legal definition of downtown in Maine. Municipalities may define the boundaries of a downtown district as part of, or in addition to, their regular comprehensive planning process. State agencies have programs or mandates geared towards downtowns, and therefore, a municipality’s designation of a downtown district may have a direct bearing on their ability to access state funding sources for specific development projects.
“…The central business district of a community that serves as the center for socioeconomic interaction in the community and is characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, typically arranged along a main street and intersecting side streets, walkable, and served by public infrastructure; or An area identified as a downtown in a comprehensive plan adopted pursuant to chapter 187, subchapter II….” |
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30-A M.R.S.A. Sec. 4301-4457
Comprehensive Planning and Land Use Regulation Act |
| SPO add description here. |
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38 M.R.S.A. Sec. 481-490
The Site Location of Development Law |
| Maine's comprehensive review law for developments of state or regional significance. The Site Law in intended to provide a means to insure that these developments will be constructed and operated in a manner that will reduce adverse impacts. Currently, five types of developments require review under the Site Law. These are: (i) developments that occupy a land or water area in excess of 20 acres, (ii) mining or advanced exploration for metallic minerals, (iii) structures, (iv) subdivisions, and (iv) oil terminal facilities These types are further defined in the Site Law, including size thresholds for subdivisions and structures. Some municipalities have delegated review authority or have qualified for the capacity exemption in the Site Law. Certain developments in these municipalities do not require DEP review |
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38 M.R.S.A. Sec. 435-449
Mandatory Shoreland Zoning Act |
| Requires all organized municipalities to adopt ordinances regulating land use activities within 250 feet of rivers, great ponds, tidal waters, and freshwater and coastal wetlands. The law also requires the ordinances to address areas within 75 of streams, defined as the outlet of a great pond or from the juncture of two perennial streams as shown on a USGS topographic map. The Ordinances must be at least as restrictive as the Guidelines adopted by the Board of Environmental Protection. Those Guidelines include such things as water setback, lot size and maximum lot coverage requirements. Downtown areas usually are designated as a Limited Commercial District or a General Development District. The General Development District contains the least restrictive development standards and has the greatest variety of allowed uses.
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30-A M.R.S.A. Sec. 5251-5261
Municipal Development Districts |
| Maine’s Tax Incrementing Financing law. Legislation passed in the 119th Legislature amends the restrictions on establishing TIF districts to facilitate their use in downtowns. Prior to this legislation, municipalities were limited to the amount of acreage and assessed value held in a TIF district. Those caps no longer apply for downtown TIF districts. Contact Jim Nimon, Department of Economic & Community Development, 207 624-9800. |
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30-A M.R.S.A. Sec. 4349(A)
State Capital Investments |
| Directs the Department of Administrative and Financial Services, Bureau of General Services to give preference to downtown locations when developing site selection criteria for state office buildings. |
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30-A M.R.S.A. Sec 6006(D)
Maine Investment Trust Fund |
| Establishes the Maine Investment Trust Fund, the purpose of which is to provide financial assistance for the acquisition, design, planning, construction, enlargement, repair, protection or improvement of public service infrastructure and downtown improvements. The Trust Fund is currently unfunded, however, a referendum will go before voters in November, 2002 to approve a $31M bond for economic development. Part of the proceeds from the bond will be used to capitalize the Trust Fund. |
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36 M.R.S.A. Sec. 5219(R)
Credit for Rehabilitation of Historic Properties |
| Provides a Maine taxpayer a credit against their state personal income tax for the rehabilitation of a certified historic structure in Maine. This state program piggybacks the federal Rehabilitation Tax Credit Program. The amount of the credit received is equal to the federal tax credit claimed by the taxpayer. In essence, this state credit is approximately 20% of the qualified expenditures of a certified rehabilitation of an historic property. Typically, for profit and non profit developers sell these credits to generate equity for the redevelopment project. Contact Amy Cole-Ives, Maine Historic Preservation Commission, 207 287.2132 |
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30-A M.R.S.A. Sec. 5730
Historic and Scenic Preservation Local Option Prop |
| Allows a municipality in Maine to reimburse taxpayers for a portion of their real property tax if the property owner agrees to maintain the property in accordance with criteria adopted by the municipality and that provide for maintaining the historic integrity of important structures or providing a scenic view. This law provides the legal framework for communities to establish their own historic preservation tax reimbursement policies and programs. Contact Amy Cole-Ives, Maine Historic Preservation Commission, 207 287.2132 |
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