Town Council Requests Legislative Action on LD 1829

The Scarborough Town Council passed a resolution to express concerns with LD 1829, legislation that significantly impacts a municipality's ability to regulate and manage growth. Passed in 2025 and set to go into effect in July 2026, LD 1829 "An Act to Build Housing for Maine Families and Attract Workers to Maine Businesses by Amending the Laws Governing Municipal Land Use Decisions", would significantly increase housing density and limit a community’s ability to control of the rate of growth. It requires municipalities to allow at least 3-4 units per residential lot, reduces minimum lot size requirements, and raises height limits for affordable housing developments. It also prohibits municipalities from enacting ordinances that would limit the rate of growth of residential development in a designated growth area. The resolution requests a repeal or delay until corrective action can be taken on a new piece of state legislation. 

The implications of LD 1829 on Scarborough are concerning to the Town Council and staff. It would allow for significantly more growth at a time when Scarborough is working to keep up with the pace that has already occurred in our community over the past decade. It will lead to higher density growth at a rate that is expected to outpace the Town’s ability to keep up with the supporting services. 

Scarborough residents have consistently expressed the pace of growth as a top concern in community surveys since 2021. Residential growth management has been a goal of the council since 2023 in an effort to respond to the community sentiment. In 2023, the Town established its Rate of Growth ordinance (replacing the former Growth Management Ordinance), a tool to manage the pace of development within our community by allowing only a set number of building permits in an area in a designated time period. It is intended to provide housing needs while ensuring fairness in building permit allocation. The ordinance also helps Scarborough manage growth by planning for continued residential population growth at a pace that allows for the gradual expansion of services (education, public safety, roads, etc.). 

LD 1829 was created to address Maine’s housing shortage by reducing local barriers to development. It builds off of LD 2003, enacted in 2021, which increased housing density and provided additional allowances for accessory dwelling units (ADUs). While housing is an ongoing issue impacting many communities across the state, Scarborough has been a consistent source of new development in the region within its designated growth areas. The Town has taken a proactive role in creating affordable housing, an issue that community survey results have indicated is a significant concern of residents. 209 total units were added from 2020 to 2024. Scarborough also leads the region (and likely the state) on net building permits per capita, issuing 58 per 1,000 residents from 2020-2024.

Scarborough has now emerged as a leader in the effort to understand the potential implications of LD 1829 and coordinate a municipal response. The Town hosted a meeting of municipal officials in August 2025 and has continued to work with municipal and regional partners to formulate a coordinated response. In its January 7, 2026 meeting, the Scarborough Town Council unanimously passed Resolution 26-001 - Recommendations for Maine LD 1829 Implementation and Legislative Refinement. This is a clear message outlining the Council’s concerns on the legislation, requesting a repeal or corrective action. It outlines that “Scarborough has already demonstrated being part of the solution to Maine’s housing shortage with progressive zoning practices” and that the state’s goal to increase housing presents “critical challenges that threaten our ability to manage growth responsibly and maintain the quality of life our residents expect”. It makes that point that despite the Town being a regional leader in housing, LD 1829 treats all municipalities the same.

The Town has invited members of the State Legislature to attend a workshop on January 21st to discuss Scarborough’s concerns with the legislation and proposed revisions.