An Act to Impose Moratoria on Hydropower Dam Removal and on
Maine Legislature, Session 132, LD 0430
Committee: Environment and Natural Resources
Sponsors: CAMPBELL
Amends: 38 MRSA §634, 38 MRSA §902, 38 MRSA §903, 38 MRSA §905

Legislative Document
No. 430
H.P. 284
House of Representatives, February 4, 2025
An Act to Impose Moratoria on Hydropower Dam Removal and on 
Water Release from Nonhydropower Dams and to Make Other 
Changes to the Laws Regulating Such Dams
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Representatives: RUDNICKI of Fairfield, SOBOLESKI of Phillips, STROUT 
of Harrington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, hydropower dams on Maine rivers generate significant quantities of 
renewable energy, contribute critical tax revenue and other economic benefits to 
surrounding communities and support local employment, both directly and indirectly; and
Whereas, historical water levels and water flows supported by hydropower and 
nonhydropower dams on Maine rivers are relied upon by certain mills and other river-
adjacent businesses for their operations, as well as by upstream and downstream property 
owners and others for water-dependent public and private recreational uses; and
Whereas, the removal of hydropower dams will result in a loss of renewable energy 
generation capacity and local tax revenue, economic benefits and employment, and the 
removal of both hydropower and nonhydropower dams will result in a significant reduction 
in water levels in previously dammed rivers and lakes that may impair or prevent the 
continued operation of mills and businesses that are dependent on water access and use, 
may reduce surrounding property values and may threaten water-dependent public and 
private recreational uses; and
Whereas, given recent developments regarding the future of certain hydropower and 
nonhydropower dams in the State, the moratoria on dam removal and water release 
provided in this legislation must take effect immediately to ensure full consideration of the 
associated implications of removal of, or water release from, any dam; 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.  38 MRSA §634, sub-§5 is enacted to read:
5.  Dam removal; moratorium.  Notwithstanding subsection 4 or any other provision 
of this subarticle to the contrary, the department may not approve an application for a 
permit to remove a dam that is part of a hydropower project.
This subsection is repealed January 1, 2027.
Sec. 2.  38 MRSA §902, sub-§1, as enacted by PL 1995, c. 630, §3, is amended to 
read:
1.  Consultation required.  Within 180 210 days of filing a petition pursuant to section 
901, a dam owner shall consult with the persons and entities listed in subsection 3 to 
determine whether any of them wish to assume ownership of the dam.  During consultation 
with each person or group of persons, the owner shall explain the process set forth in this 
article and shall inform the person or group that the department may issue an order 
requiring release of the water impounded by the dam if a new owner is not located.  A dam 
owner may meet the obligation to consult with property owners by holding a public meeting 
and consulting with the persons who appear at that meeting, as long as notice has been sent 
to each property owner as required in section 901.
Sec. 3.  38 MRSA §902, sub-§1-A, as corrected by RR 2013, c. 2, §48, is amended 
to read:
1-A.  Extension of consultation period.  The consultation period under subsection 1 
must be extended for an additional 180 210 days if:
A.  A municipality in which the dam or impoundment is located applies to the 
department for an extension and demonstrates that the municipality needs additional 
consultation time to facilitate an agreement for municipal ownership of the dam; or
B.  The dam owner applies to the department for an extension.
The consultation period under subsection 1 may not be extended for more than 180 210 
days regardless of the number of applications for extension under this subsection.
Sec. 4.  38 MRSA §902, sub-§4, as amended by PL 1997, c. 789, §2 and affected 
by §5, is further amended to read:
4.  Report on notice compliance.  The dam owner shall file a report with the 
department within 180 210 days of filing a petition that includes:
A.  Evidence that the owner complied with the notice requirements set forth in section 
901; and
B.  Names and addresses of persons notified under section 901.
Sec. 5.  38 MRSA §902, sub-§4-A, as corrected by RR 1997, c. 2, §64, is amended 
to read:
4-A.  Report on consultation process.  The dam owner shall file a report with the 
department within 180 210 days of filing a petition or before the conclusion of an extension 
to the consultation period granted pursuant to subsection 1‑A that includes:
A.  Names and addresses of parties consulted in accordance with this section; and
B.  The results of the consultations and whether a new owner has been located.
Sec. 6.  38 MRSA §903, sub-§2, as enacted by PL 1995, c. 630, §3 and amended 
by PL 2011, c. 657, Pt. W, §5, is further amended to read:
2.  Evaluation of fisheries and wildlife value.  Within 60 90 days of receiving notice 
under subsection 1, the Department of Inland Fisheries and Wildlife shall review the 
following factors and determine whether the best interest of the public requires that 
department to assume ownership of the dam:
A.  The cost of maintaining the dam;
B.  The value to fisheries and wildlife of maintaining the dam; and
C.  The value to fisheries and wildlife of releasing water from the dam.
The Department of Inland Fisheries and Wildlife shall notify the department of its 
determination.  If the Department of Inland Fisheries and Wildlife determines, after 
considering these factors, that the best interest of the public requires it to assume ownership 
of the dam, the department shall issue an order directing the dam owner to transfer the dam 
to the Department of Inland Fisheries and Wildlife within a reasonable period of time.  If 
the Department of Inland Fisheries and Wildlife determines that it will not assume 
ownership, the department shall notify the Department of Agriculture, Conservation and 
Forestry.
Sec. 7.  38 MRSA §903, sub-§3, as enacted by PL 1995, c. 630, §3 and amended 
by PL 2011, c. 657, Pt. W, §5, is further amended to read:
3.  Evaluation of public recreational value.  Within 60 90 days of receiving notice 
under subsection 2, the Department of Agriculture, Conservation and Forestry shall review 
the following factors and determine whether the best interest of the public requires that 
department to assume ownership of the dam:
A.  The cost of maintaining the dam;
B.  The value to public recreation, conservation and public use of maintaining the dam; 
and
C.  The value to public recreation, conservation and public use of releasing water from 
the dam.
The Department of Agriculture, Conservation and Forestry shall notify the department of 
its determination.  If the Department of Agriculture, Conservation and Forestry determines, 
after considering these factors, that the best interest of the public requires it to assume 
ownership of the dam, the department shall issue an order directing the dam owner to 
transfer the property to the Department of Agriculture, Conservation and Forestry within a 
reasonable period of time.  If the Department of Agriculture, Conservation and Forestry 
determines that it will not assume ownership of the dam, the department shall notify the 
Maine Emergency Management Agency.
Sec. 8.  38 MRSA §903, sub-§4, as enacted by PL 1995, c. 630, §3, is amended to 
read:
4.  Evaluation of public safety value.  Within 60 90 days of receipt of notice under 
subsection 3, the Maine Emergency Management Agency shall review the following 
factors and determine whether the best interest of the public requires that agency to assume 
ownership of the dam:
A.  The cost of maintaining the dam;
B.  The value to public safety, particularly flood protection, of maintaining the dam; 
and
C.  The value to public safety, particularly flood protection, of releasing water from the 
dam.
The Maine Emergency Management Agency shall notify the department of its 
determination.  If that agency determines, after considering these factors, that the best 
interest of the public requires it to assume ownership of the dam, the department shall issue 
an order directing the dam owner to transfer ownership of the dam to the Maine Emergency 
Management Agency within a reasonable period of time.
Sec. 9.  38 MRSA §905, sub-§3 is enacted to read:
3.  Water release order; moratorium.  Notwithstanding subsection 1 or any other 
provision of this article to the contrary, the department may not issue an order to a dam 
owner to release water from the dam pursuant to subsection 1 and may not, at the request 
of the dam owner, otherwise authorize or approve the removal of a dam governed by this 
article.
This subsection is repealed January 1, 2027.
Sec. 10. Department of Environmental Protection; report.  The Department 
of Environmental Protection shall evaluate options for implementation of processes, 
programs or initiatives to address negative outcomes that may be experienced by 
municipalities, businesses and property owners upon the removal of, or significant change 
in, water flows from a hydropower or nonhydropower dam, including, but not limited to, 
interruptions in or loss of water supply for adjacent municipalities and businesses and 
damage to or impairment of public and private property and infrastructure resulting from 
dam removal or change in water flows.  In conducting the evaluation under this section, the 
department may, as necessary, consult with relevant agencies and other stakeholders, 
including, but not limited to, the Department of Agriculture, Conservation and Forestry, 
the Department of Inland Fisheries and Wildlife and the Department of Defense, Veterans 
and Emergency Management, Maine Emergency Management Agency.  On or before 
January 1, 2026, the department shall submit to the Joint Standing Committee on 
Environment and Natural Resources a report outlining the department's evaluation under 
this section and including its recommendations along with draft legislation as necessary.  
After reviewing the report, the committee may report out legislation relating to the report 
to the Second Regular Session of the 132nd Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill amends the laws governing hydropower and nonhydropower dams as follows.
1.  It amends the laws governing hydropower projects to prohibit the Department of 
Environmental Protection from approving an application for a permit to remove a dam that 
is part of a hydropower project.  This prohibition is repealed January 1, 2027.
2.  It amends the laws governing release from ownership and water level maintenance 
for nonhydropower dams to prohibit the department from issuing an order to a dam owner 
to release water from the dam or, at the request of the dam owner, otherwise authorize or 
approve the removal of a nonhydropower dam.  This prohibition is repealed January 1, 
2027.
3.  It also amends the laws governing release from ownership and water level 
maintenance for nonhydropower dams to extend by 30 days certain statutory deadlines 
under those laws relating to the required consultation process to determine whether a 
change in dam ownership is available and relating to the assessment of certain public values 
associated with the dam by certain state agencies.
The bill also directs the department to evaluate options for implementation of 
processes, programs or initiatives to address negative outcomes that may be experienced 
by municipalities, businesses and property owners upon the removal of, or significant 
change in, water flows from a hydropower or nonhydropower dam, including, but not 
limited to, interruptions in or loss of water supply for adjacent municipalities and 
businesses and damage to or impairment of public and private property and infrastructure 
resulting from dam removal or change in water flows.  On or before January 1, 2026, the 
department is required to submit to the Joint Standing Committee on Environment and 
Natural Resources a report outlining its evaluation and including its recommendations 
along with draft legislation as necessary.  After reviewing the report, the committee may 
report out related legislation.