Windham Town Council expresses concern about new state housing law

By Ed Pierce

Expressing serious concerns about how the state is dealing with zoning reform and housing through new legislation set to take effect next year, members of the Windham Town Council have sent a letter to Maine’s governor and local state legislators asking for the law's repeal.

Members of the Windham Town Council discuss sending a
letter to state legislators and the governor about how LD
1829 will severely restrict the town's ability to regulate
growth in the future. PHOTO BY ED PIERCE  
 

Signed by five town councilors, the letter says while L.D. 1829 “An Act to Build Housing for Maine Families” aims to increase available housing across the state, but it also limits municipal control regarding growth.

“This week the council drafted and signed a letter to be sent to head legislators, local and in Augusta to state our displeasure toward LD 1829 which will remove town control on growth rates in growth zones,” said Windham Town Councilor Bill Reiner.

LD 1829 was officially signed into law by Gov. Janet Mills in June. It is a follow-up to 2022’s legislation LD 2003, which legalized accessory dwelling units (ADUs) statewide and launched a process of zoning reform across the state.

Among newly mandated requirements under LD 1829, Maine municipalities may not require fire sprinklers for ADUs unless the structure contains three or more total units and municipalities must allow at least three dwelling units for use on any lot where residential use is permitted, and up to four units in designated growth areas or on lots served by both water and sewer.

Towns and cities will still be able to moderate the actual number of units allowed and set rules concerning lot size, density, frontage, and other dimensional requirements, but it also permits small-scale infill development, which adds density in communities that may not be wanted by residents.

Other LD 1829 changes specify that minimum lot sizes in areas with water and sewer are now capped at 5,000 square feet, removing what legislators say was outdated barriers to building more homes in walkable, connected places. The new law allows ADUs to be added to lots with existing multi-family housing, not just for single-family homes. It changes where ADUs can be built, and this could handicap municipalities in their ability to rein in expansive growth.

The law also mandates that ADUs must be allowed even if the owner doesn’t live on the property and revises state subdivision laws, increasing the threshold from three to five units before triggering a subdivision review. This allows small-scale affordable housing developments to move forward without much municipal oversight.

Municipal changes to local ordinances adhering to LD 1829 must be in place by July 1, 2026 for city-council forms of government. Ordinance changes for towns such as Windham with a town-meeting form of government have until July 1, 2027 to revise local ordinances to comply with LD 1829.

Here is the text of the letter sent by Windham to the governor:

Dear Madam Governor,

The Windham Town Council would like to express its disagreement and disappointment with L.D. 1829, "An Act to Build Housing for Maine Families ... " legislation to increase housing density and remove local controls.

Windham understands the state legislature's directive and the need to take steps to address the state's estimated 84,000-unit housing shortfall. The Town amended our comprehensive plan with the passing of LD 2003 to identify designated growth areas where housing would have fewer restrictions. The Town has issued an average of 130 housing units per year over the last 10 years. Windham already has well over 600 housing units in the pipeline with estimated completion dates ranging in the next one to three years. Most of this is to occur in growth areas. Windham is doing its part to solve the housing crisis while at the same time balancing the desires and needs of its citizens who want to retain areas of rural character. This law works against this goal in many ways.

We are also in the process of building a new $50 million dollar wastewater treatment facility in our North Windham commercial area. This was a measure to alleviate excess nitrates and phosphates from entering our lakes and ponds and provide our commercial hub with the capacity to grow safely and sustainably. The projects in our Planning Board queue, including housing projects, could now be at risk with the implementation of the density requirements of LD 1829.

The Windham Town Council respectfully requests that the legislature consider amending or repealing LD 1829. <