An Act To Amend the Laws Governing the Determination of a Wind Energy Development's Effect on the Scenic Character of Maine's Special Places
Maine Legislature, Session 128, LD 0901
Committee: Environment and Natural Resources
Sponsors: WINSOR, WADSWORTH, SAVIELLO, CAMPBELL, DUCHESNE, HARLOW
Amends: 35-A MRSA §3451, 35-A MRSA §3452

Legislative Document
No. 901
H.P. 629
House of Representatives, March 7, 2017
An Act To Amend the Laws Governing the Determination of a Wind 
Energy Development's Effect on the Scenic Character of Maine's 
Special Places
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WINSOR of Norway.
Cosponsored by Representative WADSWORTH of Hiram, Senator SAVIELLO of Franklin 
and Representatives: CAMPBELL of Orrington, DUCHESNE of Hudson, HARLOW of 
Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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 miles, measured horizontally, from the proposed wind 
energy development's generating facilities, except that for a scenic resource of state or 
national significance listed in section 3452, subsection 4, paragraph B, the viewshed is 
limited to the geographic area within 15 miles, measured horizontally, from the proposed 
wind energy development's generating facilities. 
Sec. 2.  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 miles, measured horizontally, from beyond the extent of the viewshed of a 
scenic resource of state or national significance. 
Sec. 3.  35-A MRSA §3452, sub-§4, as enacted by PL 2007, c. 661, Pt. A, §7, is 
repealed and the following enacted in its place: 
4.  Visual impact assessment.  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 as follows: 
A.  If portions of the development's generating facilities are located within 8 miles, 
measured horizontally, from a scenic resource of state or national significance, a 
visual impact assessment is required; and 
B.  Notwithstanding paragraph A, if portions of the development's generating 
facilities are located within 15 miles, measured horizontally, from the following 
scenic resources of state or national significance, a visual impact assessment is 
required: 
(1)  Baxter State Park; 
(2)  Acadia National Park; 
(3)  The Caribou-Speckled Mountain Wilderness in the White Mountain National 
Forest; 
(4)  Mount Abraham in Franklin County; 
(5)  The following scenic viewpoints along the Appalachian National Scenic 
Trail: 
(i)  All scenic viewpoints within the Bureau of Parks and Lands Mahoosuc 
Unit in Oxford County; 
(ii)  Old Blue Mountain in Franklin County; 
(iii)  Bemis Mountain in Franklin County; 
(iv)  Saddleback Mountain, The Horn and Saddleback Junior in Franklin 
County;  
(v)  Spaulding Mountain in Franklin County; 
(vi)  Crocker Mountain and South Crocker Mountain in Franklin County; 
(vii)  All scenic viewpoints within the Bigelow Preserve Public Reserved 
Land in Franklin and Somerset counties; 
(viii)  Pleasant Pond Mountain in Somerset County; 
(ix)  Moxie Bald Mountain in Somerset County; 
(x)  Barren Mountain in Piscataquis County; and 
(xi)  White Cap Mountain in Piscataquis County. 
SUMMARY 
This bill repeals and replaces the current law regarding when a visual impact 
assessment is required for an expedited wind energy development.  The bill provides that 
a visual impact assessment is required if portions of a wind energy development's 
generating facilities are located within 8 miles from a scenic resource of state or national 
significance, except that for certain specified scenic resources of state or national 
significance, a visual assessment is required if a development's generating facilities are 
located within 15 miles from the scenic resource of state or national significance.  The 
bill also amends the definition of "viewshed of a scenic resource of state or national 
significance" for those same specified scenic resources.