🔒Scarborough urges state to reconsider legislation that would increase housing density

In response to ongoing complaints about the pace of growth in town, Scarborough leaders are asking legislators to repeal or significantly alter the recently passed law that mandates more aggressive housing development. The law is set to take effect on July 1. LD 1829, which was signed into law by Gov. Janet Mills in June 2025, has been hailed by housing advocates as key to increasing options for much-needed home building by mandating town zoning changes to allow for more density, i.e., more homes per lot size. But the law is “a recipe for disaster,” said Scarborough Town Council member Karen Shupe, who argues that the state law would override local zoning and growth caps. As it's written now, the legislation would also impose administrative and financial burdens on municipalities and require investment in infrastructure while providing no financial support. It would also limit municipalities' use of impact fees, which help fund the infrastructure needed to support growth. At the Jan. 7 Town Council meeting, members unanimously adopted a detailed, two-page resolution urging the legislature to repeal the law or “delay its implementation until corrective legislation is in place.” Town manager Tom Hall sent the document to the governor, local legislative representatives, state senators and State Rep. Ryan Fecteau, D-Biddeford, who sponsored LD 1829 and who has agreed to discuss the issue at a council meeting on Wednesday, Jan. 21; other legislators are invited to attend. Fecteau has said LD 1829 streamlines municipal review for smaller housing development.

State mandated zoning is ‘not good governance’

Jon Anderson, who is on the Scarborough Town Council, told Mainebiz that the legislation is “a one-size-fits-all approach" that undermines local control. “Each community has its own comprehensive plans and its own zoning. For the state to come in and mandate ‘one size-fits-all’ is irresponsible," he said. “My understanding is that this was done in an omnibus with no opportunity for municipal input. It’s not good governance.” Anderson said that by being focused on one goal, the legislature overlooks the cost to local governments. “Do we have the roads for this added development? Growth impacts property taxes. We need the ability to reduce property taxes and growth needs more infrastructure: bigger schools, more firefighters, more police," he said. “And there’s no fiscal note associated with this bill, so all of the cost of this new development is on the towns.” Anderson added that seniors make up a large percentage of the town’s population. “These are people on fixed incomes. We’re basically making Maine unaffordable for our seniors," he said. Some residents have urged legal action against the state, according to chair Cory Fellows, who shared the sentiment at the Jan. 7 meeting. Fellows added, “I don’t think we should do that.”

Pace of growth in Scarborough leads the region

Scarborough is one of the fastest growing towns in the state and outpaced Portland for building permits issued in 2024 — 261 to 205, according to a report issued last March by the Greater Portland Council of Governments. The report found that between 2020 and 2024, Portland led the region with 2,012 permits issued, but Scarborough was the next highest with 1,319 of the 10 towns studied. Per capita, Scarborough had the highest number of permits issued, followed by Freeport, Westbrook and South Portland. Portland ranked fifth highest.

Population is growing, school enrollment is not

The population in Scarborough from 2020 through 2024 was up by nearly 1,900, to 24,010. Development at the 577-acre Downs development has brought 1,000 new residents to town over the past few years, in more than 600 new homes. Project developer M&R Holdings intends to build close to 1,000 more housing units over the next few years. The 120-unit Nonesuch River apartment complex nearing completion at Eight Corners has angered some residents, but these and other recent large housing developments have complied with the zoning ordinance. So far, this growth has not impacted school enrollment, which from 2020 to 2025 actually decreased a bit, to 2,846. Anderson said that’s a result of managed growth that has included a cap on the number of three-bedroom housing units that can be built in a single year. He foresees that the town’s ability to utilize that type of control will be nullified with the implementation of LD1829.

Other communities have concerns

Scarborough is not the only town wary of the legislation. Anderson serves on the Cumberland County finance committee and has discussed the bill with colleagues from surrounding municipalities as well as community leaders in Biddeford and Wells. He hears widespread concern. “In general the sentiment I’m hearing is that they’re not supportive of it,” Anderson said. “The concerns vary by community, but the one thing that seems to pop up consistently is that this law has the potential to really change the rural character that these towns want to preserve. “This was legislation thought of in a vacuum by people who don’t understand zoning and are hyper-focused on enabling more housing. We understand the need, but Scarborough has more than done its fair share."