An Act to Protect Natural Resources by Clarifying Hydropower
Maine Legislature, Session 132, LD 0846
Committee: Environment and Natural Resources
Sponsors: BLIER
Amends: 38 MRSA §634

Legislative Document
No. 846
H.P. 532
House of Representatives, March 4, 2025
An Act to Protect Natural Resources by Clarifying Hydropower 
Dam Removal Requirements
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLIER of Buxton.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §634, sub-§4, as enacted by PL 2003, c. 134, §2, is repealed and 
the following enacted in its place:
4.  Dam removal.  A person seeking to remove an existing dam that is part of a 
hydropower project must comply with the requirements of this subsection. 
A.  Prior to filing an application for a permit to remove the dam, the person must attend 
a preapplication meeting with the department and must hold a public informational 
meeting. The preapplication meeting and the public informational meeting must be 
held in accordance with the department's rules on the processing of applications.
B.  An applicant for a permit to remove an existing dam must propose removal of the 
entire dam structure.  The department shall deny an application proposing to remove 
only a portion of an existing dam.
C.  If any portion of the dam structure is located on land owned by a municipality or 
other government entity, the applicant must demonstrate to the department’s 
satisfaction that the municipality or entity has approved the removal of that portion of 
the dam structure.  If the applicant fails to demonstrate such approval, the department 
shall deny the application.
D.  If the removal of the dam is expected to result in the alteration of water levels in 
the body of water from which the dam is removed, as determined by the department 
based on information provided by the applicant or otherwise available to the 
department, the department shall require as a permit condition that prior to dam 
removal, the applicant identify all landowners expected to be affected by the alteration 
of water levels and set aside sufficient funds for reimbursing those landowners for the 
corresponding loss in property value following dam removal.  Dam removal may not 
commence until the department has determined that the amount of funds set aside and 
plan for disbursement of those funds to affected landowners is sufficient.
SUMMARY
This bill amends the laws regulating permits for hydropower projects to include the 
following provisions applicable to the removal of an existing dam that is part of a 
hydropower project.
1.  An applicant for a permit to remove an existing dam must propose removal of the 
entire dam structure and not just a portion of an existing dam.
2.  If any portion of the dam structure is located on land owned by a municipality or 
other government entity, the applicant must demonstrate to the satisfaction of the 
Department of Environmental Protection or Maine Land Use Planning Commission, as 
applicable, that the municipality or entity has approved the removal of that portion of the 
dam structure.
3.  If the removal of the dam is expected to result in the alteration of water levels in the 
body of water from which the dam is removed, the department or Maine Land Use Planning 
Commission, as applicable, must require as a permit condition that prior to dam removal, 
the applicant identify all landowners expected to be affected by that alteration of water 
levels and set aside sufficient funds for reimbursing those landowners for the corresponding 
loss in property value following dam removal.