By David Farmer,Staff Writer

AUGUSTA – Local governments and voters will have less time to change their minds about new construction if legislation being considered in the State House becomes law.

Auburn residents, who favor overturning a city decision to build a parking garage at Great Falls Plaza, understand firsthand the frustrations that go hand-in-hand with trying to stop a project once its gets rolling.

If L.D. 1481 passes, future groups concerned about land use, zoning permits or project approvals could face even more hurdles. The bill would limit the amount of time available to reconsider projects to 45 days after approval. Current law says that changes can be made until significant construction has begun, typically a much longer window for action.

Opponents of the bill say it undermines local control by restricting both government action and citizen initiatives.

“Local and state governments do make mistakes occasionally,” said state Sen. Peggy Rotundo, D-Lewiston. “The way the bill is written, a city’s hands would be tied after 45 days. People (who support the law) are talking about fairness. Fairness to whom?”

Supporters of L.D. 1481 say that’s an unfair characterization, and that voters and local governments would still have substantial rights and ways to limit or stop a project, including adopting new ordinances, appealing zoning decisions or enacting a moratorium.

The legislation is about reducing the uncertainty that goes along with developing new projects, which can require a substantial commitment of money for land acquisition, planning and other upfront costs, said Greg Mitchell, the former assistant city manager and director of economic development for Lewiston. That investment can be lost if a permit or zoning rule is retroactively changed.

“It’s trying to strike a balance and bring some finality to local government decision making,” Mitchell said. “The uncertainty of the environment is not conducive to attracting new development. It’s that simple. You’ve got to create some certainty and predictability to attract investment.”

Supporters also say the legislation pushes people to pay attention to what’s happening in their communities.

“The bill actually encourages people to (consider projects) proactively instead of waiting until projects have moved forward,” said Ted O’Meara, managing director and CEO of Pierce Atwood Consulting, which is working in support of the legislation. “Even if people in town miss what’s going on and don’t participate, they still have 45 days to go and get things going.”

Quoting former Rep. Ed Suslovic, D-Portland, who proposed similar legislation in 2003, O’Meara said “the bill encourages planning through the windshield, not the rearview mirror.”

“This bill creates a race between a developer who’s applied for a permit and citizens who might oppose it,” said Kate Defour, a lobbyist with the Maine Municipal Association, which opposes the legislation. “Who’s going to get to the finish line first?”

As the bill is written, Defour said, it would require that a citizen’s initiative – including the final vote – be completed before the clock runs out.

“The bill is that restrictive,” Defour said.

Both sides point to a referendum vote March 21 in Damariscotta to make their case. Voters overwhelmingly changed zoning to block plans by Wal-Mart to build a supercenter off Route 1.

Opponents of L.D. 1481 say the vote shows the interest and power of the people under current law to control the future of their communities. “It’s an illustration of what democracy and home rule are all about,” Defour said.

Supporters of the bill say Damariscotta demonstrates that the proposed time constraints are reasonable. The vote stopped the project early in the process, well within the limits of the new bill. Wal-Mart had taken an option on land, but had not completed the application process.