An Act To Regulate Meteorological Data-gathering Towers in Maine
Maine Legislature, Session 126, LD 1061
Committee: Energy, Utilities and Technology
Sponsors: DUNPHY, CRAY, FITZPATRICK, GIFFORD, LIBBY, MALABY, TIMBERLAKE
Amends: 12 MRSA §685-B, 30-A MRSA §4362, 35-A MRSA §3451, 35-A MRSA §3459, 38 MRSA §487-B

Legislative Document 
No. 1061 
H.P. 754 
House of Representatives, March 19, 2013 
An Act To Regulate Meteorological Data-gathering Towers in 
Maine 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DUNPHY of Embden. 
Cosponsored by Representatives: CRAY of Palmyra, FITZPATRICK of Houlton, GIFFORD 
of Lincoln, LIBBY of Waterboro, MALABY of Hancock, TIMBERLAKE of Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §685-B, sub-§2-D is enacted to read: 
2-D.  Meteorological towers; permit notification.  As used in this subsection, 
"meteorological tower" has the same meaning as in Title 35-A, section 3451, subsection 
7-A. 
A.  Within 30 days after issuing a permit for construction or installation of a 
meteorological tower, the commission shall send a notice by certified mail, return 
receipt requested, to each owner of record of each parcel of land located within 8 
miles in every direction of the meteorological tower.  The notice must include: 
(1)  The location of the meteorological tower, including the global positioning 
system coordinates of the tower; 
(2)  The name and address of and a designated contact person for the person or 
entity issued the permit; and 
(3)  A map, to scale, of the area surrounding the meteorological tower, including, 
but not limited to, the location of structures, houses, roads identified by their 
locally designated names and state route numbers where applicable and 
significant natural features such as mountain peaks, streams and lakes. 
B.  Within 30 days after issuing a permit for the construction or installation of a 
meteorological tower, the commission shall publish a notice of the permit issuance 
and the information required in the notice pursuant to paragraph A in a: 
(1)  Newspaper published on a daily basis having general circulation in the area 
where construction of the meteorological tower has been permitted; and 
(2)  Newspaper published on a weekly basis having general circulation in the area 
where construction of the meteorological tower has been permitted. 
C.  Within 30 days after issuing a permit for the construction or installation of a 
meteorological tower, the commission shall post in a prominent position on its 
publicly accessible website the following information, which must be searchable by 
keyword: 
(1)  The name of the township in which the meteorological tower is located; 
(2)  The name and address of the person or entity issued the permit; 
(3)  The date the permit was issued; 
(4)  A link to access copies of any maps that are required in the notice pursuant to 
paragraph A; and 
(5)  A map of the State that includes the location of all meteorological towers 
permitted by the commission. 
Sec. 2.  30-A MRSA §4362 is enacted to read: 
§4362.  Meteorological towers 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Meteorological tower" has the same meaning as in Title 35-A, section 3451, 
subsection 7-A. 
B.  "Wind energy development" has the same meaning as in Title 35-A, section 3451, 
subsection 11. 
2.  Notification to surrounding property owners.  If the Maine Land Use Planning 
Commission or the Department of Environmental Protection is not required to provide 
notice pursuant to Title 12, section 685-B, subsection 2-D, paragraph A or Title 38, 
section 487-B, subsection 2, the permitting municipality, within 30 days after issuing a 
permit for construction or installation of a meteorological tower, shall send a notice by 
certified mail, return receipt requested, to each owner of record of each parcel of land 
located within 8 miles in every direction of the meteorological tower.  The notice must 
include: 
A.  The location of the meteorological tower, including the global positioning system 
coordinates of the tower; 
B.  The name and address of and a designated contact person for the person or entity 
issued the permit; and 
C.  A map, to scale, of the area surrounding the meteorological tower, including, but 
not limited to, the location of structures, houses, roads identified by their locally 
designated names and state route numbers where applicable and significant natural 
features such as mountain peaks, streams and lakes. 
3.  Public notice.  If the Maine Land Use Planning Commission or the Department of 
Environmental Protection is not required to publish a notice pursuant to Title 12, section 
685-B, subsection 2-D, paragraph B or Title 38, section 487-B, subsection 3, the 
permitting municipality, within 30 days after issuing a permit for the construction or 
installation of a meteorological tower, shall publish a notice of the permit issuance and 
the information required in the notice pursuant to subsection 2 in a: 
A.  Newspaper published on a daily basis having general circulation in the area where 
construction of the meteorological tower has been permitted; and 
B.  Newspaper published on a weekly basis having general circulation in the area 
where construction of the meteorological tower has been permitted. 
4.  Internet posting.  If the Maine Land Use Planning Commission or the 
Department of Environmental Protection is not required to post information on the 
Internet pursuant to Title 12, section 685-B, subsection 2-D, paragraph C or Title 38, 
section 487-B, subsection 4, the permitting municipality, within 30 days after issuing a 
permit for the construction or installation of a meteorological tower, shall post in a 
prominent position on its publicly accessible website the following information, which  
must be searchable by keyword: 
A.  The name of the municipality in which the meteorological tower is located; 
B.  The name and address of the person or entity issued the permit; 
C.  The date the permit was issued; 
D.  A link to access copies of any maps that are required in the notice pursuant to 
subsection 2; and 
E.  A map of the State that includes the location of all meteorological towers 
permitted by the municipality. 
5.  Wind energy development permit.  As part of any permit application for a wind 
energy development, the applicant shall submit to the permitting municipality a detailed 
summary of the data from each meteorological tower the applicant used in evaluating the 
suitability of the site for a wind energy development.  The municipality may not consider 
the application complete until the detailed summary is submitted.  The detailed summary 
of the meteorological tower data is a public record as defined in Title 1, section 402, 
subsection 3. 
Sec. 3.  35-A MRSA §3451, sub-§7-A is enacted to read: 
7-A.  Meteorological tower.  "Meteorological tower" means an elevated structure or 
other support platform with attached equipment, such as an anemometer, a wind direction 
vane and temperature and pressure sensors and other measurement devices, to measure 
and assess the wind resource in connection with a wind energy development. 
Sec. 4.  35-A MRSA §3459 is enacted to read: 
§3459.  Meteorological towers 
As part of any permit application for a wind energy development, the applicant shall 
submit to the primary siting authority a detailed summary of the data from each 
meteorological tower the applicant used in evaluating the suitability of the site for a wind 
energy development.  The primary siting authority may not determine the application 
complete until the detailed summary is submitted.  The detailed summary of the 
meteorological tower data is a public record as defined in Title 1, section 402, subsection 
3. 
Sec. 5.  38 MRSA §487-B is enacted to read: 
§487-B.  Meteorological towers; permit notification 
1.  Meteorological tower defined.  For the purpose of this section, "meteorological 
tower" has the same meaning as in Title 35-A, section 3451, subsection 7-A. 
2.  Notification to surrounding property owners.  Within 30 days after issuing a 
permit for construction or installation of a meteorological tower, the department shall 
send a notice by certified mail, return receipt requested, to each owner of record of each 
parcel of land located within 8 miles in every direction of the meteorological tower.  The 
notice must include: 
A.  The location of the meteorological tower, including the global positioning system 
coordinates of the tower; 
B.  The name and address of and a designated contact person for the person or entity 
issued the permit; and 
C.  A map, to scale, of the area surrounding the meteorological tower, including, but 
not limited to, the location of structures, houses, roads identified by their locally 
designated names and state route numbers where applicable and significant natural 
features such as mountain peaks, streams and lakes. 
3.  Public notice.  Within 30 days after issuing a permit for the construction or 
installation of a meteorological tower, the department shall publish a notice of the permit 
issuance and the information required in the notice pursuant to subsection 2 in a: 
A.  Newspaper published on a daily basis having general circulation in the area where 
construction of the meteorological tower has been permitted; and 
B.  Newspaper published on a weekly basis having general circulation in the area 
where construction of the meteorological tower has been permitted. 
4.  Internet posting.  Within 30 days after issuing a permit for the construction or 
installation of a meteorological tower, the department shall post in a prominent position 
on its publicly accessible website the following information, which must be searchable by 
keyword: 
A.  The name of the municipality or township in which the meteorological tower is 
located; 
B.  The name and address of the person or entity issued the permit; 
C.  The date the permit was issued; 
D.  A link to access copies of any maps that are required in the notice pursuant to 
subsection 2; and 
E.  A map of the State that includes the location of all meteorological towers 
permitted by the department. 
SUMMARY 
This bill requires applicants for wind energy permits to submit to the permitting 
municipality, the Maine Land Use Planning Commission or the Department of 
Environmental Protection a detailed summary of the data from each meteorological tower 
the applicant used in evaluating the suitability of a site for a wind energy development.  
The bill also requires municipalities, the Maine Land Use Planning Commission and the 
Department of Environmental Protection to provide certain notifications relating to 
permits for the construction or installation of a meteorological tower.  The required 
notifications include notice to landowners within 8 miles of the tower, publication in 
daily and weekly newspapers and posting on the Internet.