An Act To Protect Monhegan Island by Limiting Wind Turbines
Maine Legislature, Session 128, LD 1262
Committee: Environment and Natural Resources
Sponsors: DOW
Amends: 12 MRSA §685-B, 12 MRSA §1868, 38 MRSA §480-D, 38 MRSA §480-H, 38 MRSA §484

Legislative Document
No. 1262
S.P. 425
In Senate, March 30, 2017
An Act To Protect Monhegan Island by Limiting Wind Turbines
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DOW of Lincoln.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §685-B, sub-§2-C, ¶F is enacted to read: 
F.  The commission may not permit a community-based offshore wind energy project 
within the Monhegan Lobster Conservation Area described in section 6471 or within 
nautical miles of the Monhegan Lobster Conservation Area measured from a line 
running from the outer perimeter of the Monhegan Lobster Conservation Area. 
Sec. 2.  12 MRSA §1868, sub-§5 is enacted to read: 
5.  Prohibited area.  An offshore wind energy test area, for temporary or permanent 
purposes, may not be located within the Monhegan Lobster Conservation Area described 
in section 6471 or within 10 nautical miles of the Monhegan Lobster Conservation Area 
measured from a line running from the outer perimeter of the Monhegan Lobster 
Conservation Area. 
Sec. 3.  38 MRSA §480-D, sub-§11, ¶D is enacted to read: 
D.  The department may not issue a permit under this article for an offshore wind 
power project within the Monhegan Lobster Conservation Area described in Title 12, 
section 6471 or within 10 nautical miles of the Monhegan Lobster Conservation Area 
measured from a line running from the outer perimeter of the Monhegan Lobster 
Conservation Area. 
Sec. 4.  38 MRSA §480-HH, sub-§16 is enacted to read: 
16.  Monhegan Island prohibition.  A general permit under this section may not be 
granted for an offshore wind energy demonstration project within the Monhegan Lobster 
Conservation Area described in Title 12, section 6471 or within 10 nautical miles of the 
Monhegan Lobster Conservation Area measured from a line running from the outer 
perimeter of the Monhegan Lobster Conservation Area. 
Sec. 5.  38 MRSA §484, sub-§10, as amended by PL 2011, c. 655, Pt. DD, §18 
and affected by §24, is further amended to read: 
10.  Special provisions; wind energy development or offshore wind power 
project.  In the case of a grid-scale wind energy development, or an offshore wind power 
project with an aggregate generating capacity of 3 megawatts or more, the proposed 
generating facilities, as defined in Title 35-A, section 3451, subsection 5: 
A.  Will be designed and sited to avoid unreasonable adverse shadow flicker effects; 
B.  Will be constructed with setbacks adequate to protect public safety.  In making a 
finding pursuant to this paragraph, the department shall consider the recommendation 
of a professional, licensed civil engineer as well as any applicable setback 
recommended by a manufacturer of the generating facilities; and 
C.  Will provide significant tangible benefits as determined pursuant to Title 35-A, 
section 3454, if the development is an expedited wind energy development.  
The Department of Labor, the Governor's Office of Policy and Management, the 
Governor's Energy Office and the Public Utilities Commission shall provide review 
comments if requested by the primary siting authority. 
For purposes of this subsection, "grid-scale wind energy development," "primary siting 
authority," "significant tangible benefits" and "expedited wind energy development" have 
the same meanings as in Title 35-A, section 3451. 
The department may not issue a permit under this article for an offshore wind power 
project within the Monhegan Lobster Conservation Area described in Title 12, section 
6471 or within 10 nautical miles of the Monhegan Lobster Conservation Area measured 
from a line running from the outer perimeter of the Monhegan Lobster Conservation 
Area. 
Sec. 6.  Retroactivity.  Notwithstanding the Maine Revised Statutes, Title 1, 
section 302, this Act applies retroactively to January 1, 2009. 
SUMMARY 
This bill prohibits the permitting of an offshore wind energy project within the 
Monhegan Lobster Conservation Area or within 10 nautical miles of the Monhegan 
Lobster Conservation Area.  The provisions of the bill apply retroactively to January 1, 
2009.