Maine law sets home minimums and allows child care in residential areas

Municipalities may use different building-permit limits in different areas, but growth-area limits must follow set permit standards. The rules concern municipal rate-of-growth ordinances. Municipalities may set different limits in designated rural areas and adopt ordinances for other areas without these growth-area limits. Growth-area permit totals must meet the stated planning rules and be at least 105% of the average number of residential permits issued over the prior 10 years. The ordinance must provide additional permits for affordable housing and may not restrict affordable housing permits or require a development permit for affordable housing. Each project or common development plan must be allowed at least 35% of the area’s allocated permits. For municipalities whose officers can adopt ordinances without voter approval, the relevant provisions generally apply beginning July 1, 2026; they apply to other municipalities beginning July 1, 2027. Amendments to Public Law 2025, chapters 288, 374, and 385 apply retroactively to September 24, 2025.

In residential areas, municipalities must allow at least three homes on a lot, or at least four in certain areas, and allow accessory homes on specified lots. These provisions cover areas where residential uses are allowed, including conditional uses. The four-home minimum and some lot-size limits depend on growth-area status and public water and sewer service. The four-home minimum applies in a designated growth area or where the lot has qualifying public water and sewer service. Exceptions include specified drinking-water watersheds and, when a municipality exempts them by ordinance, coastal barriers, special flood-hazard areas, and coastal sand dunes. Lot-size and density limits depend on whether the lot has public water and sewer service and is in a designated growth area. A municipality may allow more homes than the minimum. An accessory home is allowed on a lot with a single-family home or a two- or three-unit residential building. A lot with four homes cannot receive further density increases unless the municipality allows more. Sprinklers are not required for an accessory home unless it is within or attached to a structure containing more than two homes; other fire rules may still require them. The general application date for municipalities is July 1, 2027, with July 1, 2026 applying to municipalities whose officers can adopt ordinances without voter approval. Amendments to Public Law 2025, chapters 288, 374, and 385 apply retroactively to September 24, 2025.

Child care facilities and family child care providers must be allowed in areas zoned for residential use. The rule covers child care facilities and family child care providers in areas zoned for residential use. Family child care providers and small child care facilities in residential areas follow the same zoning requirements as a single-family home. The rule does not apply in areas that allow industrial uses. This provision applies to municipalities beginning July 1, 2027. The related amendment to Public Law 2025, chapter 288 applies retroactively to September 24, 2025.