Legal Question in Real Estate Law in Maine

Re: Mobile Home Zoning

This reply is without the benefit of reviewing the relevant portion of the Town’s zoning ordinance.

Under 30-A MRSA Section 4352, a Town has broad power to regulate land use by crafting any zoning ordinance, generally, as long as it is consistent with a “comprehensive plan” adopted by the Town.

The legislature has carved out some limits, like 30-A MRSA Section 4358(2), regarding “manufactured homes” including “newer mobile homes” as defined in Section 4358(1)(A)(1).

Section 4358(2) mandates that the Town permit manufactured housing “on individual house lots in a number of locations on undeveloped lots where single-family dwellings are located.” If the Town is permitting “a number” of such lots to multiple zones in your town but not all residential zones, the Town could argue it has no obligation to permit further ones, including yours.

I do not see a distinction in the statute between mobile homes and modular.

Note that your lot may be inapplicable unless it is an undeveloped lot among single-family homes.