Me. Rev. Stat. » Title 30-A
Maine Revised Statutes

Me. Rev. Stat. tit. 30-A, § 4359 (2026)

State policy relating to municipal commercial landfill facilities moratoria

✓ current as of May 2026
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It is the policy of this State, with respect to commercial landfill facilities:   [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
1.  State and municipal control.  To affirm the importance of state and municipal control over the establishment of new commercial landfill facilities and over the substantial expansion of existing commercial landfill facilities; and  
[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
2.  Recognition of home rule authority.  To recognize that any municipality may, under its home rule authority, enact a moratorium on the issuance or processing of any municipal permit for a new commercial landfill facility or the substantial expansion of a commercial landfill facility, as defined by Title 38, section 1303, subsection 11‑B.  
[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).]
SECTION HISTORY
PL 1989, c. 104, §§A45,C10 (NEW).
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Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Sawyer Env't Recovery Facilities, Inc. v. Town of Hampden, 2000 ME 179 (Me. 2000).
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Sawyer Env't Recovery Facilities, Inc. v. Town of Hampden, 2000 ME 179 (Me. 2000). “§ 4359 (1996), which was in effect at the time of the Midcoast decision but was not mentioned in it, provides in pertinent part: It is the policy of this State, with respect to commercial landfill facilities ... [t]o affirm the importance of State and municipal control over the .”
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