A legal analysis by the Portland law firm Drummond Woodsum has found that a new state law intended to boost affordable housing in Maine will affect Harpswell’s ability to restrict higher-density development.
However, the law firm said many of the law’s most sweeping provisions only apply to municipally designated growth areas and communities with public water and sewer service, and thus don’t currently affect Harpswell.
“L.D. 1829, which goes into effect on Sept. 24, 2025, is a significant limit on home rule authority and will directly impact how and to what extent municipalities may regulate … housing,” said the law firm’s analysis, sent to town officials in late June.
The law requires towns to allow more housing units per lot, streamlines approvals for smaller projects and sets limits on local restrictions. Most of its provisions apply to “growth areas” — places towns identify for development — and communities with public water and sewer service, which Harpswell lacks.
Still, the law will impact Harpswell in various ways, according to Drummond Woodsum’s analysis. It requires all towns to allow up to three dwelling units on any inland residential lot, loosens restrictions on accessory dwelling units, and increases the threshold for a legally defined subdivision from three units to five, among other changes.
The law firm noted that L.D. 1829 doesn’t alter existing shoreland zoning rules, nor does it require rural communities such as Harpswell to decrease their minimum lot sizes for new development.
Click here to read more specifics about L.D. 1829’s impact on Harpswell.
Higher housing density: Harpswell must allow at least three dwelling units on any inland lot, ending its ability to restrict such lots to single-family use.
Equal standards: The town can no longer impose stricter height, lot size, setback or frontage rules on duplexes or multifamily housing than it does on single-family homes.
Looser rules for accessory units: Harpswell must allow accessory dwelling units on multifamily lots, cannot require those lots to be owner-occupied, and must exempt one accessory unit per lot from density and lot-size rules. An accessory dwelling unit is a self-contained unit of housing, whether an apartment or a stand-alone structure, on the same parcel as a single-family or multifamily home.
Higher subdivision threshold: A project only counts as a subdivision if it creates five or more units within five years, up from the previous threshold of three units. This reduces local triggers for subdivision review.
Local authority reduced: The town’s Planning Board cannot require approval for projects of four or fewer units, and the town may not require any additional water or wastewater review once a plumbing inspector has certified compliance.
Shoreland zoning remains: The law doesn’t alter state shoreland zoning or water protection statutes. That means Harpswell can continue enforcing strict building limits along its extensive shoreline.
Source: Drummond Woodsum legal analysis of L.D. 1829
Maine Senate President Mattie Daughtry, D-Brunswick, and Rep. Cheryl Golek, D-Harpswell, led a workshop at the Harpswell Town Office in mid-August to explain four new state laws that could impact the community, including L.D. 1829. At that meeting, some members of Harpswell’s Planning Board raised objections to the law.
Planning Board Chair Amy Haible was especially critical, calling the legislation heavy-handed and saying it would discourage residents from participating in community planning efforts. Haible called the law “an honest attempt to solve a real problem,” but said it was poorly conceived and would have unintended consequences.
At the workshop, Golek defended the law by pointing to a Maine State Housing Authority study that found Maine must add 84,000 housing units by 2030 to meet its residential and workforce needs.
“We have a severe workforce shortage, and we can’t grow our workforce without housing,” she said.
Golek hosted a second workshop in Harpswell on Sept. 3 that focused solely on answering questions about the new housing law. She was joined by staffers from Gov. Janet Mills’ administration, including Samantha Horn, director of the new Maine Office of Community Affairs.
At the workshop, Haible expanded on her criticisms of the law. Planning Board Vice Chair Daniel Hoebeke and member Courtenay Snellings raised similar concerns about the law’s curtailment of local planning authority.
Panelists at the workshop noted that the state has not yet written detailed rules for how the law will be implemented. They encouraged Haible and the other critics to submit their questions and concerns in writing so state officials can address potential problems when drafting those rules.
A draft of the rules is expected in late October, followed by a 30-day public comment period. Final rules will be issued in January or February, and most communities — including Harpswell — will be required to comply by July 1, 2026.
