An Act To Restore the Uniform Visual Permitting Standard for Wind Power Projects
Maine Legislature, Session 125, LD 1234
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, WHITTEMORE, COTTA, DAVIS, O'CONNOR, TIMBERLAKE, WINTLE, MARTIN
Amends: 12 MRSA §685-B, 12 MRSA §1868, 35-A MRSA §3402, 35-A MRSA §3451, 35-A MRSA §3452, 35-A MRSA §3457, 38 MRSA §480-D, 38 MRSA §484

Legislative Document 
No. 1234 
H.P. 925 
House of Representatives, March 22, 2011 
An Act To Restore the Uniform Visual Permitting Standard for 
Wind Power Projects 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Senator WHITTEMORE of Somerset and 
Representatives: COTTA of China, DAVIS of Sangerville, O'CONNOR of Berwick, 
TIMBERLAKE of Turner, WINTLE of Garland, Senator: MARTIN of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §685-B, sub-§4, ¶C, as amended by PL 2009, c. 615, Pt. D, 
§4, is further amended to read: 
C.  Adequate provision has been made for fitting the proposal harmoniously into the 
existing natural environment in order to ensure there will be no undue adverse effect 
on existing uses, scenic character and natural and historic resources in the area likely 
to be affected by the proposal.  In making a determination under this paragraph 
regarding development to facilitate withdrawal of groundwater, the commission shall 
consider the effects of the proposed withdrawal on waters of the State, as defined by 
Title 38, section 361-A, subsection 7; water-related natural resources; and existing 
uses, including, but not limited to, public or private wells, within the anticipated zone 
of contribution to the withdrawal.  In making findings under this paragraph, the 
commission shall consider both the direct effects of the proposed withdrawal and its 
effects in combination with existing water withdrawals.; 
In making a determination under this paragraph regarding an expedited wind energy 
development, as defined in Title 35-A, section 3451, subsection 4, or a community-
based offshore wind energy project, the commission shall consider the development's 
or project's effects on scenic character and existing uses related to scenic character in 
accordance with Title 35-A, section 3452. 
In making a determination under this paragraph regarding a wind energy 
development, as defined in Title 35-A, section 3451, subsection 11, that is not a grid-
scale wind energy development, that has a generating capacity of 100 kilowatts or 
greater and that is proposed for location within the expedited permitting area, the 
commission shall consider the development's or project's effects on scenic character 
and existing uses relating to scenic character in the manner provided for in Title 
35-A, section 3452; 
Sec. 2.  12 MRSA §1868, sub-§1, ¶A, as enacted by PL 2009, c. 270, Pt. C, §1, is 
amended to read: 
A.  Potential adverse effects on a protected natural resource, as defined by Title 38, 
section 480-B, subsection 8, or a scenic resource of state or national significance, as 
defined by Title 35-A, section 3451, subsection 9; 
Sec. 3.  35-A MRSA §3402, sub-§2, ¶A, as enacted by PL 2007, c. 661, Pt. A, 
§5, is amended to read: 
A.  Making wind energy development a permitted use within certain parts of the 
State's unorganized and deorganized areas; and 
Sec. 4.  35-A MRSA §3402, sub-§2, ¶B, as enacted by PL 2007, c. 661, Pt. A, 
§5, is amended to read: 
B.  Refining certain procedures of the Department of Environmental Protection and 
the Maine Land Use Regulation Commission; and. 
Sec. 5.  35-A MRSA §3402, sub-§2, ¶C, as enacted by PL 2007, c. 661, Pt. A, 
§5, is repealed. 
Sec. 6.  35-A MRSA §3451, sub-§9, as enacted by PL 2007, c. 661, Pt. A, §7, is 
repealed. 
Sec. 7.  35-A MRSA §3452, as enacted by PL 2007, c. 661, Pt. A, §7, is repealed. 
Sec. 8.  35-A MRSA §3457, as enacted by PL 2007, c. 661, Pt. A, §7, is repealed. 
Sec. 9.  38 MRSA §480-D, sub-§1, as amended by PL 2009, c. 615, Pt. E, §8, is 
further amended to read: 
1.  Existing uses.  The activity will not unreasonably interfere with existing scenic, 
aesthetic, recreational or navigational uses. 
In making a determination under this subsection regarding an expedited wind energy 
development, as defined in Title 35-A, section 3451, subsection 4, or an offshore wind 
power project, the department shall consider the development's or project's effects on 
scenic character and existing uses related to scenic character in accordance with Title 
35-A, section 3452.  In making a decision under this subsection regarding an application 
for an offshore wind power project, the department may not consider whether the project 
meets the specific criteria designated in Title 12, section 1862, subsection 2, paragraph A, 
subparagraph (6), divisions (a) to (d).  This limitation is not intended to restrict the 
department's review of related potential impacts of the project as determined by the 
department. 
Sec. 10.  38 MRSA §484, sub-§3, ¶G, as amended by PL 2009, c. 615, Pt. E, 
§17, is repealed. 
SUMMARY 
This bill eliminates specific visual permitting standards for wind energy development 
to provide that wind energy developments are subject to the same visual permitting 
standards as other developments.