Maine Revised Statutes

Me. Rev. Stat. tit. 30-A, § 3001 (2026)

Ordinance power

✓ current as of May 2026

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Any municipality, by the adoption, amendment or repeal of ordinances or bylaws, may exercise any power or function which the Legislature has power to confer upon it, which is not denied either expressly or by clear implication, and exercise any power or function granted to the municipality by the Constitution of Maine, general law or charter. [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

1. Liberal construction. This section, being necessary for the welfare of the municipalities and their inhabitants, shall be liberally construed to effect its purposes.

[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

2. Presumption of authority. There is a rebuttable presumption that any ordinance enacted under this section is a valid exercise of a municipality's home rule authority.

[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

3. Standard of preemption. The Legislature shall not be held to have implicitly denied any power granted to municipalities under this section unless the municipal ordinance in question would frustrate the purpose of any state law.

[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

4. Penalties accrue to municipality. All penalties established by ordinance shall be recovered on complaint to the use of the municipality.

[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

SECTION HISTORY

PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).

Notes of Decisions

Cited in 54 cases (8 in the last 5 years), 1988–2025 · leading case: Smith v. Town of Pittston, 2003 ME 46 (Me. 2003).

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Smith v. Town of Pittston, 2003 ME 46 (Me. 2003). · cites it 12× “[¶ 23] In addition, the Act provides that municipalities are "prohibited from enacting stricter standards than those contained in this chapter" and in relevant portions of DEP's rules for solid waste disposal facilities, but the Act is silent about other waste facilities.”

Portland Reg'l Chamber of Com. v. City of Portland, 2021 ME 34 (Me. 2021). · cites it 8× “Burkett was decided before the home rule provision was added to Maine’s constitution in 1969, and furthermore, in that case, a direct and patent conflict existed between a state 2 Title 30-A M.R.S. § 3001 (2021), the current municipal home rule statute, was originally codified…”

Sch. Comm. of Town of York v. Town of York, 626 A.2d 935 (Me. 1993). · cites it 7× “Because we conclude that all of the challenged provisions of the Charter are within the Town’s home rule authority pursuant to 30-A M.R.S.A. § 3001 (Pamph.1992), we vacate the judgment entered in favor of the School Committee, and we affirm the judgment entered in favor of the…”

E. Perry Iron & Metal Co. v. City of Portland, 2008 ME 10 (Me. 2008). · cites it 5× “” 30-A M.R.S. § 3001 (2007). [¶ 8] Maine’s junkyard statute clearly applies to Perry’s operations.”

York v. Town of Ogunquit, 2001 ME 53 (Me. 2001). · cites it 2× “The power of a municipality to grant such power to the Board is conferred by 30-A M.R.S.A. § 3001 (1996): Any municipality, by the adoption, amendment or repeal of ordinances or bylaws, may exercise any power or function which the Legislature has power to confer upon it, which…”

Delogu v. City of Portland, 2004 ME 18 (Me. 2004). · cites it 4× “1993), we held that the enabling legislation enacted to implement this provision, currently codified at 30-A M.R.S.A. § 3001 (1996), "convey[ed] a plenary grant of the state's police power to municipalities, subject only to express or implied limitations," 626 A.”

Dubois Livestock, Inc. v. Town of Arundel, 2014 ME 122 (Me. 2014). · cites it 2× “Pursuant to the “home rule” provision of 30-A M.R.S. § 3001 (2013), a municipality may exercise its authority to adopt an ordinance if that power is not “denied either expressly or by clear implication” under state law.”

MSAD 6 Bd. of Directors v. Town of Frye Island, 2020 ME 45 (Me. 2020). · cites it 2× “[¶22] Additionally, as 30-A M.R.S. § 3001 (2018) makes clear, a municipality may not exercise any power or function the Legislature has “denied either expressly or by clear implication.”

Perkins v. Town of Ogunquit, 1998 ME 42 (Me. 1998). · cites it 3× “[¶ 6] Scanlon argues that the home rule statutory provisions in 30-A M.R.S.A. § 3001 6 grant municipalities plenary authority to enact regulations, and that the Legislature has neither expressly nor by clear implication removed the power of a town to delegate authority to its…”

City of Bangor v. Diva's, Inc., 2003 ME 51 (Me. 2003). · cites it 2× “Pursuant to 30-A M.R.S.A. § 3001 (1996), “[a]ny municipality, by the adoption, amendment or repeal of ordinances or bylaws, may exercise any power or function which the Legislature has power to confer upon it, *906 which is not denied either expressly or by clear implication,…”

Susan E. Bryant v. Town of Camden, 2016 ME 27 (Me. 2016). “See 30-A M.R.S. § 3001 (2015) (“Any municipality, by the adoption, amendment or repeal of ordinances or bylaws, may' exercise any power or function which the Legislature has power to confer upon it, which is not denied either expressly or by clear implication .”

Portland Pipe Line Corp. v. City of South Portland, 2020 ME 125 (Me. 2020). · cites it 7× “2, § 1; 30-A M.R.S. § 3001 (2020).5 The “home rule” clause of the Maine Constitution provides: “The inhabitants of any municipality 5 shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and…”

Show all 54 citing cases →

— Me. Rev. Stat. tit. 30-A, § 3001(1) — 2 cases

Portland Pipe Line Corp. v. City of South Portland, 2020 ME 125 (Me. 2020). “2, § 1; 30-A M.R.S. § 3001 (2020).5 The “home rule” clause of the Maine Constitution provides: “The inhabitants of any municipality 5 shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and…”

S. Maine Landlord Ass. v. The City of Portland, Maine (Me. Super. Ct 2021).

— Me. Rev. Stat. tit. 30-A, § 3001(2) — 6 cases

Delogu v. City of Portland, 2004 ME 18 (Me. 2004). “1993), we held that the enabling legislation enacted to implement this provision, currently codified at 30-A M.R.S.A. § 3001 (1996), "convey[ed] a plenary grant of the state's police power to municipalities, subject only to express or implied limitations," 626 A.”

Dubois Livestock, Inc. v. Town of Arundel, 2014 ME 122 (Me. 2014). “Pursuant to the “home rule” provision of 30-A M.R.S. § 3001 (2013), a municipality may exercise its authority to adopt an ordinance if that power is not “denied either expressly or by clear implication” under state law.”

E. Perry Iron & Metal Co. v. City of Portland, 2008 ME 10 (Me. 2008). “” 30-A M.R.S. § 3001 (2007). [¶ 8] Maine’s junkyard statute clearly applies to Perry’s operations.”

Mason v. City of Augusta, 2007 ME 101 (Me. 2007).

Portland Pipe Line Corp. v. City of South Portland, 2020 ME 125 (Me. 2020). “2, § 1; 30-A M.R.S. § 3001 (2020).5 The “home rule” clause of the Maine Constitution provides: “The inhabitants of any municipality 5 shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and…”

— Me. Rev. Stat. tit. 30-A, § 3001(2005) — 1 case

E. Perry Iron & Metal Co., Inc. v. City of Portland (Me. Super. Ct 2007).

— Me. Rev. Stat. tit. 30-A, § 3001(2007) — 1 case

E. Perry Iron & Metal Co. v. City of Portland, 2008 ME 10 (Me. 2008). “” 30-A M.R.S. § 3001 (2007). [¶ 8] Maine’s junkyard statute clearly applies to Perry’s operations.”

— Me. Rev. Stat. tit. 30-A, § 3001(3) — 9 cases

Smith v. Town of Pittston, 2003 ME 46 (Me. 2003). “[¶ 23] In addition, the Act provides that municipalities are "prohibited from enacting stricter standards than those contained in this chapter" and in relevant portions of DEP's rules for solid waste disposal facilities, but the Act is silent about other waste facilities.”

Sawyer Env't Recovery Facilities, Inc. v. Town of Hampden, 2000 ME 179 (Me. 2000).

E. Perry Iron & Metal Co. v. City of Portland, 2008 ME 10 (Me. 2008). “” 30-A M.R.S. § 3001 (2007). [¶ 8] Maine’s junkyard statute clearly applies to Perry’s operations.”

Sch. Comm. of Town of York v. Town of York, 626 A.2d 935 (Me. 1993). “Because we conclude that all of the challenged provisions of the Charter are within the Town’s home rule authority pursuant to 30-A M.R.S.A. § 3001 (Pamph.1992), we vacate the judgment entered in favor of the School Committee, and we affirm the judgment entered in favor of the…”

Portland Pipe Line Corp. v. City of South Portland, 2020 ME 125 (Me. 2020). “2, § 1; 30-A M.R.S. § 3001 (2020).5 The “home rule” clause of the Maine Constitution provides: “The inhabitants of any municipality 5 shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and…”

— Me. Rev. Stat. tit. 30-A, § 3001(4) — 1 case

CPSP LLC v. City of S. Portland (Me. Super. Ct 2007).

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