By Susie Burke and Mark Pechenik
As the state deadline approaches for Maine towns to address affordable housing through more dwellings per acre, South Berwick town councilors are concerned the required new local zoning codes will overload the local water and sewer systems.
Under new state laws, the areas in South Berwick designated for high density residential development would overwhelm the town’s water and sewer systems and must be reduced in size, town officials agreed during a recent Town Council meeting.
A new state law, LD 1829, mandates that any area served by public water and sewer – and also designated as a growth area – must allow eight dwellings on each acre to begin in July 2026, and 32 units per acre within five years, DeCarlo Brown, town planner and economic development director, told the Town Council at the Dec. 9 meeting.
Outside the growth areas, locations with access to water and sewer would have to allow two units per acre to begin with and then eight units per acre after five years, Brown said
“We need to shrink [the growth area],” said Council Chair John James. “If we stay with the current size growth area, the town’s sewer and water systems would be overtaxed and overburdened.” The systems are “barely holding on” as it is, James added.
Councilor Paul Schumacher agreed, noting he was involved in creating the town’s existing map of growth areas in 2024, done before LD1829 passed in July 2025.
“I don’t think any of us envisioned that the State would change the law that would allow 32 units an acre,” Schumacher said. He encouraged the council to develop new maps with a smaller growth area while still paying attention to the need for more affordable housing.
If the town changes the growth areas, it would have to change last year’s updated comprehensive plan to indicate the change.
The town has only about six months to decide on its growth designations, Brown and Schumacher said; if that timeline is not met, the new state standards would be the default.
Growth and open space areas must be mapped
In order for the town to set its own course, the growth and open space areas must be defined, mapped and ultimately approved by the Town Council.
After a presentation by Brown on Dec. 23, the council agreed several public workshops would likely be necessary before final decisions are made about growth areas.
Because Schumacher, Sam Flinkstrom and Joel Martin are recently elected members of the Town Council, Brown gave the council an overview of the state’s pending protocols on LD 1829 at that meeting.
The law is meant to encourage more affordable housing in the state, Brown told them, and to help meet this goal, Maine towns and cities will be required to establish growth areas that would increase affordable housing stock within their boundaries.
Councilors voiced hesitation that South Berwick will be ready to launch LD 1829 stipulations by the July 2026 deadline.
“If we don’t get an extension, I’m not sure how we will proceed in meeting the state mandate,” Schumacher said.
Both Schumacher and Flinkstrom called for a series of public workshops. Then “we can make the decisions that can insulate us come July,” Flinkstrom suggested.
Brown produced a preliminary map of proposed town growth areas, but a key component of public workshops would be a final map that would grow from “conversations with the water and sewer districts,” according to Town Manager Tim Pellerin.
Among preliminary growth areas cited by Brown are Bittersweet Lane in the Portland Street and Agamenticus Road area; Old Mill near High Knoll Drive; Liberty and Upper Vine Street; Farm Field by Alder Drive; Farmgate adjacent to Dow Highway; Dow Highway by Marshwood High School; the Knights Pond area; Agamenticus Estates, and the Academy Street neighborhood by Berwick Academy.
Brown suggested the town seek a $15,000 state grant that will help communities comply with LD 1829. Applications for these grants will be made available starting in January.
The state law also says Planning Board approval cannot be required for a structure with four or fewer dwelling units; and eliminates a requirement that a property owner live on the same parcel as the dwelling units.
