An Act Concerning the Review of Certain Projects under the Site Location of Development Laws
Maine Legislature, Session 127, LD 0911
Committee Amendment CA_A_H271 (House)
Amends: 35-A MRSA §3451, 35-A MRSA §3452

COMMITTEE AMENDMENT "A" to H.P. 631, L.D. 911, Bill, "An Act 
Concerning the Review of Certain Projects under the Site Location of Development 
Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3451, sub-§§I-D and l-E are enacted to read: 
I-D. Combined observation. "Combined observation" means a view from a scenic 
resource of state or national significance of more than one group of generating facilities 
located within the viewshed of the scenic resource of state or national significance within 
the field of view of a stationary viewer. 
I-E. Cumulative scenic impact or effect. "Cumulative scenic impact or effect" 
means the potential adverse effect on the scenic character and existing uses related to the 
scenic character of scenic resources of state or national significance resulting from the 
incremental impact of a proposed wind energy development when added to the effects of 
other existing, permitted or pending wind energy developments within the viewshed of a 
scenic resource of state or national significance. For the purposes of this subsection, a 
pending wind energy development is a wind energy development for which an 
application has been submitted to and determined complete for processing by the 
department. A determination of cumulative scenic impact or effect may be based upon 
the combined observation, successive observation or sequential observation of wind 
energy developments located within the viewshed of a scenic resource of state or national 
significance as viewed from a scenic resource of state or national significance. 
Sec. 2. 35-A MRSA §3451, sub-§§9-A and 9-B are enacted to read: 
9-A. Sequential observation. "Sequential observation" means a view of more than 
one group of generating facilities located within the viewshed of a scenic resource of state 
or national significance as the viewer travels along the portion of a linear route that is 
located within the viewshed of a scenic resource of state or national significance. For the 
purposes of this subsection, a linear route is a scenic resource of state or national 
COMMITTEE AMENDMENT 
~ ('-, . 
... 
\1· '., 
\1;. 
COMMITTEE AMENDMENT ,A" to H.P. 631, L.D. 911 
significance that is a trail that is used exclusively for pedestrian use and has been 
designated as a national scenic trail. 
9-B. Successive observation. "Successive observation" means views from a scenic 
resource of state or national significance of more than one group of generating facilities 
located within the viewshed of a scenic resource of state or national significance from a 
single viewpoint as a result of a viewer turning the viewer's head or body. 
Sec. 3. 35-A MRSA §3451, sub-§10-A is enacted to read: 
10-A. Viewshed of a scenic resource of state or national significance. "Viewshed 
-
of a scenic resource of state or national significance" means the geographic area as 
viewed from a scenic resource of state or national significance that includes the proposed 
wind energy development. 
The viewshed of a scenic resource of state or national 
significance may include the proposed wind energy development visible from a single 
viewer position or the proposed wind energy development visible from multiple viewer 
positions. The viewshed of a scenic resource of state or national significance is limited to 
the geographic area within 8 miles, measured horizontally, from the proposed wind 
energy development's generating facilities. 
Sec. 4. 35-A MRSA §3452, sub-§3, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read: 
3. Evaluation criteria. ill making its determination pursuant to subsection 1, and in 
determining whether an applicant for an expedited wind energy development must 
provide a visual impact assessment in accordance with subsection 4, the primary siting 
authority shall consider: 
A. The significance of the potentially affected scenic resource of state or national 
significance; 
B. The existing character of the surrounding area; 
C. The expectations of the typical viewer; 
D. 
The expedited wind energy development's purpose and the context of the 
proposed activity; 
E. The extent, nature and duration of potentially affected public uses of the scenic 
resource of state or national significance and the potential effect of the generating 
facilities' presence on the public's continued use and enjoyment of the scenic resource 
of state or national significance; and 
F. The scope and scale of the potential effect of views of the generating facilities on 
the scenic resource of state or national significance, including but not limited to 
issues related to the number and extent of turbines visible from the scenic resource of 
state or national significance, the distance from the scenic resource of state or 
national significance and the effect of prominent features of the development on the 
landscape. 
ill applying these criteria, the primary siting authority shall consider the primary impact 
and the cumulative scenic impact or effect of the development during both day and night 
on scenic resources of state or national significance. ill evaluating cumulative scenic 
impact or effect associated with sequential observation, the department shall consider, in 
COMMITTEE AMENDMENT 
k. ~. 
- ....... 
~,.' 
COMMI'ITEE AMENDMENT 'A" to H.P. 631, L.D. 911 
addition to the criteria in this subsection, the distance between viewpoints on the linear 
route and other forms of development along the linear route that effect the expectation of 
the user of the scenic resource of state or national significance. A finding by the primary 
siting authority that the development's generating facilities are a highly visible feature in 
the landscape is not a solely sufficient basis for determination that an expedited wind 
energy project has an unreasonable adverse effect on the scenic character and existing 
uses related to scenic character of a scenic resource of state or national significance. In 
making its determination under subsection 1, the primary siting authority shall consider 
insignificant the effects of portions of the development's generating facilities located 
more than 8 miles, measured horizontally, from a scenic resource of state or national 
significance.' 
SUMMARY 
This amendment replaces the bill and amends the laws regarding the expedited 
permitting of grid-scale wind energy development as follows: 
1. 
It creates new definitions relating to the scenic impact of a wind energy 
development project; and 
2. It allows for the consideration of cumulative scenic impacts in the permitting of 
wind energy development projects. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05129/15 
:::WaC! 
LD911 
LR 1529(02) 
An Act Concerning the Review of Certain Proj ects under the Site Location of Development Laws 
Fiscal Note for Bill as Amended by Committee Amendment fl' C 
H -~ 1 j\ 
Committee: Environment and Natural Resources 
I ) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection from considering certain additional impacts and 
effects from proposed expedited wind energy developments are expected to be minor and can be absorbed within 
existing budgeted resources. 
LR1529(02) - Fiscal Note - Page 1 of 1