Towns and State May Differ On What’s Best for the Future

By James Straub

BLUE HILL — It’s a daunting task, usually undertaken by a committee of volunteers.

But residents in communities throughout Maine who have worked three years, on average, to draft a comprehensive plan often discover that selling the plan is an even greater task.

Selling the plans, which are considered guidelines for enacting local laws that govern development, is especially tricky because the same product must appeal to two often-disparate groups.

On the one hand, a comprehensive plan must receive approval from the State Planning Office.

The same plan also must win approval from local voters.

Earlier this year, the State Planning Office approved a comprehensive plan from Surry that had been four years in the making.

At a special town meeting in July, Surry voters soundly rejected the plan.

In Stonington, voters approved a comprehensive plan at the annual town meeting in March, but the state sent it back, saying it was inconsistent with the Maine Planning and Land Use Regulation Act.

A committee in Blue Hill spent nearly three years crafting a comprehensive plan.

The plan will go before voters next March. The State Planning Office has reviewed the plan and found nine inconsistencies with state goals.

At a meeting earlier this month, Blue Hill’s comprehensive plan committee addressed the inconsistencies cited by the state. The committee expected to have a draft response by its next meeting on Sept. 21, which was attended by Stacy Benjamin, a senior planner with the State Planning Office.

Members of the Blue Hill committee and its adviser, Tom Martin, director of the Hancock County Planning Commission, agreed that some inconsistencies cited by the state could easily be corrected by adding information.

But they also agreed that one area of the plan inconsistent with the Maine Planning and Land Use Regulation Act poses a sticking point: protecting rural areas.

Most comprehensive plan committees get strong messages from their fellow residents to protect the town’s rural character. But the means they choose to do that, such as zoning or districting, often turns voters against the plan.

At the same time, the state requires comprehensive plans to identify rural areas and growth areas, and to recommend ways to protect the former and encourage growth in the latter.

According to the State Planning Office, land use in Maine is regulated at the local level.

According to a report prepared by the planning office, comprehensive plans are not mandatory.

If a town decides to undertake land use planning, the report says, “it must do so in a way that meets state goals — goals like preventing development sprawl, promoting affordable housing and safeguarding prime farmland soils, forests and access to the coast for marine uses.”

Benjamin said a town that wants to enact zoning laws other than shoreland zoning, or growth caps or impact fees, must base those laws on a comprehensive plan that has been deemed consistent with Maine land use goals.

The state has approved comprehensive plans from 241 municipalities. Local voters in 200 of those communities have adopted the plans.

The state currently is dealing with 75 plans that have been cited for inconsistencies.

Benjamin acknowledges that one of the most difficult aspects of planning involves “a balancing act between what a community will accept and what is good planning — planning that is consistent with the Land Use Act.”

Martin said some 15 Hancock County municipalities are at various stages of drafting or updating comprehensive plans and most towns in the county have had plans done in the past 15 years.

“One of the big issues quite often is the state pushes to recommend more restrictions and policies regarding land development, which are not accepted by towns when voters don’t want to impose too may restrictions on the right to develop property,” Martin said.

He said each town has its own unique issues and identifying critical issues in each town can help sell the plan locally.

“People tend to feel differently when something they don’t like goes in next to them,” he said.

A recent land use summit in Orono sponsored by the State Planning Office attracted more than 100 participants, Benjamin said.

The summit is part of a program evaluation being done by the planning office that could lead to changes in the comprehensive plan process.

Benjamin said the state is looking at paradoxes in the process, such as that balancing act between the state and local voters.

When the state passed the Growth Management Act 20 years ago, she said, planners envisioned a much greater investment at the state level.

“Because many communities are faced with growth that they don’t feel ready to deal with, we need to help them,” she said. “That’s the balancing act. That’s the tricky part, and we hope to improve that.

“We need to be positioned to respond to the needs of communities. We also need to work within the Act. If changes are needed there, we must work on that, too.”

The Legislature charged the planning office with submitting recommendations for better planning by next February. The summit in Orono last month was a first step in gathering public opinion on improving land use planning in Maine.

In Orono, more than 100 professional planners, local and state officials and residents from throughout Maine identified more than 60 proposals, most fitting into one of six categories.

A straw poll indicated that the group believes regional planning is the highest priority among the six categories, followed by greater local flexibility.

The planning process may get easier. In the meantime, local committees and advisors will wrestle with paradoxes.

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