An Act to Modify the Visual Impact Standards for Offshore Wind Port Development
Maine Legislature, Session 131, LD 1847
Committee: Environment and Natural Resources
Sponsors: CURRY
Amends: 35-A MRSA §3407, 38 MRSA §480-D, 38 MRSA §482, 38 MRSA §484

Legislative Document
No. 1847
S.P. 748
In Senate, April 27, 2023
An Act to Modify the Visual Impact Standards for Offshore Wind 
Port Development
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CURRY of Waldo.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3407 is enacted to read:
§3407.  Determination of effect on scenic character and related existing uses
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Associated facilities" means elements of an offshore wind terminal other than the 
quay, fixed and mobile cranes, offshore wind foundations and wind turbine generators, 
that are necessary to the proper operation and maintenance of the offshore wind 
terminal, including but not limited to buildings, access roads and laydown areas.
B. "Best practical mitigation" means methods or technologies used during construction 
or operation of an offshore wind terminal that control or reduce to the lowest feasible 
level visual and scenic impacts. "Best practical mitigation" may include, but is not 
limited to, turbine and blade coloration to reduce visual impacts and aircraft detection 
technologies to reduce the need for aircraft hazard warning lighting.
C. "Department" means the Department of Environmental Protection.
D. "Offshore wind terminal" means a port facility used for fabricating floating offshore 
wind turbine foundations, launching floating foundations into the water, assembling 
wind turbine generators atop the foundations or preparing the assembled wind turbine 
for towing to a wet berth or installation site. "Offshore wind terminal" includes a quay 
with berths to accommodate the assembly of wind turbine generators and offshore wind 
component delivery vessels, an upland laydown area for foundation fabrication and 
storage of wind turbine generator components, fabrication facilities, fixed and mobile 
cranes, associated facilities and terminal offices and access roads.
2. Application of standard.  This subsection governs the department's or the Maine 
Land Use Planning Commission's making findings regarding the effect of an offshore wind 
terminal on scenic or natural character and existing uses related to scenic character pursuant 
to Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3 or Title 38, 
section 480-D.  An offshore wind terminal project must minimize the adverse effect on 
scenic character and existing uses related to scenic character to the maximum extent 
practicable and use best practical mitigation to control and reduce visual and scenic 
impacts. Except as otherwise provided in subsection 3, determination that an offshore wind 
terminal fits harmoniously into the existing natural environment in terms of potential 
effects on scenic or natural character and existing uses related to scenic character is not 
required for approval under either Title 12, section 685-B, subsection 4, paragraph C or 
Title 38, section 484, subsection 3.
3. Exception to standard; certain associated facilities.  The department, or in the 
case of certification under Title 38, chapter 3, subchapter 1, article 6 the Maine Land Use 
Planning Commission, shall evaluate the effect of associated facilities of an offshore wind 
terminal in terms of potential effects on scenic character and existing uses related to scenic 
character in accordance with Title 12, section 685-B, subsection 4, paragraph C or Title 38, 
section 484, subsection 3, in the manner provided for development other than offshore wind 
terminal development.
4. Limitation on number of offshore wind terminals. The department may not 
approve permits under Title 12, section 685-B, subsection 4 or Title 38, section 484, 
subsection 3 or Title 38, section 480-D for more than 4 offshore wind terminals. If a permit 
approved under Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3 
or Title 38, section 480-D expires, is surrendered or is revoked prior to construction of an 
offshore wind terminal, the department may approve a permit under those sections for 
another offshore wind terminal.
Sec. 2.  38 MRSA §480-D, sub-§1, as amended by PL 2009, c. 615, Pt. E, §8, is 
further amended by enacting at the end a new last blocked paragraph to read:
In making a determination under this subsection regarding an offshore wind terminal as 
defined in Title 35-A, section 3407, subsection 1, paragraph D, the department shall 
consider the terminal's effects on scenic character and existing uses related to scenic 
character in accordance with Title 35-A, section 3407.
Sec. 3.  38 MRSA §482, sub-§2, ¶F, as amended by PL 2009, c. 615, Pt. E, §14, is 
further amended to read:
F.  Is an oil terminal facility as defined in this section; or
Sec. 4.  38 MRSA §482, sub-§2, ¶J, as enacted by PL 2009, c. 615, Pt. E, §15, is 
amended to read:
J.  Is an offshore wind power project with an aggregate generating capacity of 3 
megawatts or more.; or
Sec. 5.  38 MRSA §482, sub-§2, ¶K is enacted to read:
K.  Is an offshore wind terminal as defined in Title 35-A, section 3407, subsection 1, 
paragraph D.
Sec. 6.  38 MRSA §484, sub-§3, ¶J is enacted to read:
J.  In making a determination under this subsection regarding an offshore wind terminal 
as defined in Title 35-A, section 3407, subsection 1, paragraph D, the department shall 
consider the terminal's effects on scenic character and existing uses related to scenic 
character in accordance with Title 35-A, section 3407.
SUMMARY
This bill establishes a new type of port development used for fabricating offshore wind 
turbines called an offshore wind terminal.  It establishes a visual impact standard to 
evaluate the effect of the development of an offshore wind terminal.  The bill provides that 
offshore wind terminals must receive review under the provisions of law governing site 
location of development.  The bill amends the provisions of law governing site location of 
development and the Natural Resources Protection Act to provide that when proposed 
offshore wind terminals receive review, impacts related to scenic character and existing 
uses related to scenic character are governed by the new visual impact standard.