An Act To Amend the Laws Governing Expedited Permitting for Wind Energy Development
Maine Legislature, Session 128, LD 1810
Committee: Energy, Utilities and Technology
Sponsors: STETKIS, DAVIS, GRIGNON, HANLEY, HARLOW, STEARNS, WADSWORTH, WINSOR
Amends: 35-A MRSA §3451, 35-A MRSA §3452

Legislative Document
No. 1810
H.P. 1255
House of Representatives, January 30, 2018
An Act To Amend the Laws Governing Expedited Permitting for 
Wind Energy Development
(EMERGENCY)
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STETKIS of Canaan.  (GOVERNOR'S BILL)
Cosponsored by Senator DAVIS of Piscataquis and Representatives: GRIGNON of Athens, 
HANLEY of Pittston, HARLOW of Portland, STEARNS of Guilford, WADSWORTH of 
Hiram, WINSOR of Norway.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the laws governing expedited permitting for wind energy development do 
not adequately restrict wind energy development from areas where it is inappropriate; and
Whereas, the Legislature anticipates an increase in the number of wind energy 
development proposals in the future; and
Whereas, the changes made by this legislation need to take effect as soon as 
possible to avoid allowing development to proceed in areas where its impacts would be 
untenably harmful; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3451, sub-§3, as amended by PL 2015, c. 265, §3 and 
affected by §10, is further amended to read:
3.  Expedited permitting area.  "Expedited permitting area" means:
A.  The organized areas of the State in their entirety, but not including waters subject 
to tidal influence, so that the edge of the area that is subject to tidal action during the 
highest tide level for the year in which an activity is proposed as identified in tide 
tables published by the United States Department of Commerce, National Oceanic 
and Atmospheric Administration, National Ocean Service defines the boundary of the 
expedited permitting area on lands abutting waters subject to tidal influence portion 
of Aroostook County that includes the Town of St. Francis, St. John Plantation, the 
Town of Fort Kent, the Town of Wallagrass, the Town of Eagle Lake, Winterville 
Plantation, T14 R6 W.E.L.S., the Town of Portage Lake, Nashville Plantation, 
Garfield Plantation, T10 R6 W.E.L.S., Oxbow Plantation, the portion of Aroostook 
County east of those municipalities and also all municipalities in Aroostook County 
that are wholly located south of the northernmost extent of Penobscot County, 
excluding Cary Plantation and Molunkus Township; and
B.  Specified places within the unorganized and deorganized areas that are identified 
by rule by the Maine Land Use Planning Commission in accordance with this 
chapter.
Sec. 2.  35-A MRSA §3451, sub-§10-B, as reallocated by RR 2015, c. 1, §39, is 
amended to read:
10-B.  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 40 miles, measured horizontally, from the proposed wind 
energy development's generating facilities.
Sec. 3.  35-A MRSA §3452, sub-§3, as amended by PL 2015, c. 190, §4, is 
further amended to read:
3.  Evaluation criteria.  In 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.
In 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.  In evaluating cumulative scenic 
impact or effect associated with sequential observation, the department shall consider, in 
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 40 miles, measured horizontally, from a scenic resource of state or national 
significance.
Sec. 4.  35-A MRSA §3452, sub-§4, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read:
4.  Visual impact assessment; rebuttable presumption.  An applicant for an 
expedited wind energy development shall provide the primary siting authority with a 
visual impact assessment of the development that addresses the evaluation criteria in 
subsection 3 if the primary siting authority determines such an assessment is necessary in 
accordance with subsection 3.  There is a rebuttable presumption that a visual impact 
assessment is not required for those portions of the development's generating facilities 
that are located more than 3 miles, measured horizontally, from a scenic resource of state 
or national significance.  The primary siting authority may require a visual impact 
assessment for portions of the development's generating facilities located more than 3 
miles and up to 8 40 miles from a scenic resource of state or national significance if it 
finds there is substantial evidence that a visual impact assessment is needed to determine 
if there is the potential for significant adverse effects on the scenic resource of state or 
national significance.  Information intended to rebut the presumption must be submitted 
to the primary siting authority by any interested person within 30 days of acceptance of 
the application as complete for processing. The primary siting authority shall determine if 
the presumption is rebutted based on a preponderance of evidence in the record.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill amends the laws governing expedited permitting for wind energy 
development by changing the definition of "expedited permitting area" to mean specified 
places that are identified by rule and the eastern portion of Aroostook County, 
specifically described as the Town of St. Francis, St. John Plantation, the Town of Fort 
Kent, the Town of Wallagrass, the Town of Eagle Lake, Winterville Plantation, T14 R6 
W.E.L.S., the Town of Portage Lake, Nashville Plantation, Garfield Plantation, T10 R6 
W.E.L.S., Oxbow Plantation, the portion of Aroostook County east of those 
municipalities and also all municipalities in Aroostook County that are wholly located 
south of the northernmost extent of Penobscot County, excluding Cary Plantation and 
Molunkus Township.
The bill changes from 8 miles to 40 miles the farthest distance from a proposed 
expedited wind energy development for which a visual impact assessment for potentially 
affected scenic resources of state or national significance may be required.