Me. Rev. Stat. » Title 38
Maine Revised Statutes

Me. Rev. Stat. tit. 38, § 1310-U (2026)

Municipal ordinances

✓ current as of May 2026
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Municipalities are prohibited from enacting stricter standards than those contained in this chapter and in the solid waste management rules adopted pursuant to this chapter governing the hydrogeological criteria for siting or designing solid waste disposal facilities or governing the engineering criteria related to waste handling and disposal areas of a solid waste disposal facility. Except as provided in section 2173, municipalities are further prohibited from enacting or applying ordinances that regulate solid waste disposal facilities owned by the State or a state agency or a regional association.   [PL 2011, c. 655, Pt. GG, §15 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
Under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001, municipalities, except as provided in this section, may enact ordinances with respect to solid waste facilities that contain standards the municipality finds reasonable, including, without limitation, conformance with federal and state solid waste rules; fire safety; traffic safety; levels of noise heard outside the facility; distance from existing residential, commercial or institutional uses; ground water protection; surface water protection; erosion and sedimentation control; and compatibility of the solid waste facility with local zoning and land use controls, provided that the standards are not more strict than those contained in this chapter and in chapter 3, subchapter I, articles 5‑A and 6 and the rules adopted under these articles. Municipal ordinances must use definitions consistent with those adopted by the board.   [PL 1995, c. 126, §2 (AMD).]
A municipality adopting an ordinance under this section shall forward a copy of the ordinance to the commissioner within 30 days of its adoption.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §251 (AMD).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §E33 (RPR). PL 1989, c. 869, §A8 (AMD). PL 1989, c. 890, §§A40,B251 (AMD). PL 1991, c. 66, §A38 (AMD). PL 1995, c. 126, §2 (AMD). PL 1995, c. 656, §A26 (AMD). PL 2011, c. 655, Pt. GG, §15 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
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Notes of Decisions
Cited in 9 cases, 1988–2017 · leading case: Dubois Livestock, Inc. v. Town of Arundel, 2014 ME 122 (Me. 2014).
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Dubois Livestock, Inc. v. Town of Arundel, 2014 ME 122 (Me. 2014). · cites it 4× “provided that the standards are not more strict than those contained in [the Solid Waste Act] and the rules adopted [thereunder].”
Sawyer Env't Recovery Facilities, Inc. v. Town of Hampden, 2000 ME 179 (Me. 2000). · cites it 2× “[¶ 31] When state and municipal approval and regulation of solid waste management facilities come into conflict, standards for resolution of the conflict are stated in 38 M.R.S.A. § 1310-U. 13 Section 1310-U indicates that municipalities may regulate external impacts of solid…”
Smith v. Town of Pittston, 2003 ME 46 (Me. 2003). · cites it 2× “[3] Municipalities may enact other ordinances regulating solid waste facilities, pursuant to 30-A M.”
E. Perry Iron & Metal Co. v. City of Portland, 2008 ME 10 (Me. 2008). · cites it 2× “38 M.R.S. § 1310-U. “[M]unicipalities ...”
Secure Environments, Inc. v. Town of Norridgewock, 544 A.2d 319 (Me. 1988). · cites it 2× “See 38 M.R.S.A. § 1310-U (Pamph.1987). At the same time, P.”
Soil Preparation, Inc. v. Town of Plymouth (Me. Super. Ct 2017). · cites it 6× “SPI requested that the court enter summary judgment declaring: (1) that the authority the Town intends to exercise pursuant to the Solid Waste Ordinance exceeds the powers allowed by the Legislature pursuant to 38 M.R.S. § 1310-U of the Maine Hazardous Waste, Septage and Solid…”
Town of Brunswick v. New England Organics (Me. Super. Ct 2007). · cites it 2× “" 38 M.R.S.A. § 1310-U (emphasis added). Therefore, a threshold issue is whether the outdoor grounds upon which the Town spreads sludge-derived Class A composted biosolids are "solid waste facilities" within the meaning of the Act.”
Smith v. Inhabs. of the Town of Pittston (Me. Super. Ct 2002). “See 38 M.R.S.A. § 1310-U. The Defendant argues that Maine’s home rule provisions are expansive and should be read to allow the Town’s ordinance.”
E. Perry Iron & Metal Co., Inc. v. City of Portland (Me. Super. Ct 2007). “Perry relies on 38 M.R.S. § 1310-U which authorizes municipalities to pass ordinances concerning compliance with state and federal solid waste rules and ground water protection, so long as the standards are not stricter than those contained in chapter 38.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.