dissenting:
[¶ 17] I respectfully dissent. Section 1252 of Title 38 of the Maine Revised Statutes places a limitation on a sewer district’s ability to construct an extension. The statute required the Ogunquit Sewer District to obtain the written assurance of the Town of Ogunquit that the proposed extension “is consistent with adopted municipal plans and ordinances regulating land use.”5 (Emphasis added). The Board of Selectmen based its decision on the Town’s comprehensive plan. The Town’s reliance on the Ogunquit Comprehensive Plan is misplaced because the comprehensive plan is not a plan or ordinance regulating land use. Had section 1252 of Title 38 of the Maine Revised Statutes provided, as it did from 1981 to 1993, reference to Ogunquit’s comprehensive plan, and had the plan itself provided a basis for the municipal officers to withhold their approval of the proposed sewer extension, I would have no pause and would join the court. Neither of the prerequisites to my concurrence are present in this case.
[¶ 18] When our legislature has wanted to make reference to comprehensive plans it has done so. See e.g., 30-A M.R.S.A. § 4314 (1996), 30-A M.R.S.A. § 4352(2) (1996), and 38 M.R.S.A. § 438-A(2) (Supp.1996). A comprehensive plan is statutorily defined. See 30-A M.R.S.A. § 4301(3) (1996). All municipalities that adopt local growth management programs and/or zoning ordinances are obligated to adopt comprehensive plans. 30-A M.R.S.A. §§ 4326, 4352(2) (1996).
[¶ 19] Subsection 7 of Section 1252, as originally enacted in 1981, required that a proposed sewer extension, inter alia, conform with the “comprehensive plans” of any affected municipality. The legislature in 1993 amended the statute by deleting the reference to comprehensive plans and providing that sewer extensions must be consistent with adopted municipal plans regulating land use. Clearly, by its action, the legislature intended that sewer extensions be reviewed for consistency with something other than the Town’s comprehensive plan, i.e., adopted municipal plans and ordinances regulating land use.
[¶ 20] The 1987 Ogunquit Comprehensive Plan, as revised in 1981, provides that it
... [i]s not intended to be a blueprint for Ogunquit’s future, but is rather to serve as a guide and a tool to assist in planning for that future. Specifically, the identification, implementation and strategies in the comprehensive plan does not confer final Town approval. Many of the actions suggested eventually will require approval of the Board of Selectmen, the legislative body, or both. Nor is the plan to be considered static. It will need to be reviewed and updated periodically. Certainly, in five years, if a new plan is not called for, major changes in this plan will have to be made.
Executive Summary to 1987 Ogunquit Comprehensive Plan as revised, p. iv.
[¶ 21] The Ogunquit Plan contains three sections: the first entitled “A Natural Resources Profile of Ogunquit, Maine: An Analysis of the Natural Resources, Opportunities and Constraints of Future Development;” the second entitled “A Socio-Eco-nomic Profile of Ogunquit: Analysis of the Socio-Economic Opportunities and Constraints on Future Development;” the third entitled “A Community Infrastructure Profile of Ogunquit, Maine: An Analysis of Community Infrastructure Opportunities and Constraints on Future Development;” and Appendices, (A) being the Growth Management Opinion Service, (B) the Trolley System Map, and (C) the 1991 Land Use Plan for the Town of Ogunquit. The Land Use Plan proposes a number of revisions to Ogunquit’s Land Use regulations, including the establishing of three new zoning districts. The Ogunquit Plan is not, as the court suggests, “An Adopted Municipal Plan Regulating Land Use.” The Plan appropriately describes the then existing facts and sug*660gests the community’s hopes and aspirations for the future. As to the sewer system, the comprehensive plan (a) describes -the then existing situation regarding sewerage disposal; (b) states that the sewer district is proceeding with plans to expand its existing facility; and (c) provides a “recommendation” to proceed as scheduled. Ogunquit Comprehensive Plan § III (XIV) (1992) as amended Nov. 1993. Some comprehensive plans may regulate land use. The Ogunquit Comprehensive Plan simply does not.
[¶ 22] I would vacate the judgment of the Superior Court and remand to the Town to determine whether the proposed sewer extension is consistent with the Town’s zoning ordinance which appears to be the only plan or ordinance adopted by the Town which regulates land use.
. I note there is no comma between the words "plans” and "and." I thus conclude that the words "regulating land use” modify both "plans” and "ordinances.”