Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-3 - Impacts to Scenic Character

Current through 2024-29, July 17, 2024
A wind energy development must not significantly compromise
				  views from a Scenic Resource of State or National Significance (SRSNS) as
				  defined in
				  35-A M.R.S.
				  §3451(9) such that the
				  development has an unreasonable adverse effect on the scenic character or
				  existing uses related to scenic character of the SRSNS. When evaluating
				  potential impacts to scenic character, the Department will take into
				  consideration all relevant evidence, including but not limited to user
				  intercept surveys and/or systematic field observations conducted and recorded
				  using generally accepted professional standards, written public comments
				  submitted by users of the SRSNS or other interested persons, oral statements
				  made at Department public meetings held pursuant to
				  38 M.R.S.
				  §345-A(5), and sworn
				  testimony at public hearings held pursuant to Chapter 3 of the Department's
				  Rules.
A.
Review of scenic
				impacts of associated facilities.
Impacts to scenic character from a
				wind energy development's associated facilities are generally evaluated in the
				manner set forth in the WEA,
				35-A
				M.R.S. §3452(1) &
				(3). However, if the Department determines that application of the WEA
				evaluation criteria to the development may result in unreasonable adverse
				effects due to the scope, scale, location or other characteristics of the
				associated facilities, scenic impacts of the development's associated
				facilities will be evaluated solely under the standards of the
Site
				Location of Development Act
,
				38 M.R.S.
				§484(3) or other
				applicable standards in the manner provided for evaluation of scenic impacts
				from development other than wind energy development. If an interested person
				wishes to submit information regarding the determination of which standards
				should be applied, that information must be received by the Department within
				20 days of acceptance of the permit application as complete for processing. If
				the Department finds that it is necessary to apply the standards of the
Site Location of Development Act
or other applicable standards
				to the scenic impacts of the associated facilities, it shall make that
				determination within 30 days of its acceptance of the application as complete
				for processing (
				35-A
				M.R.S. §3452(2)
				).
B.
Significance of a
				potentially affected SRSNS.
When evaluating whether a proposed
				development would significantly compromise views from a SRSNS such that the
				development would have an unreasonable adverse effect on scenic character or
				existing uses related to scenic character of an SRSNS, the Department will take
				into consideration all relevant evidence in the record regarding the
				significance of the SRSNS. In this assessment, the Department will be guided by
				considerations including but not limited to the following.
(1) Any assessment of the scenic character of
				the SRSNS through a formal assessment process such as the
Maine's
				Finest Lakes Study
, the
Maine Wildland Lakes
				Assessment
, a Coastal Scenic Inventory published by DACF, or other
				federal, state or local government assessment process.
(2) If a property is designated as an SRSNS
				due to its listing on the National Register of Historic Places, evidence
				regarding the consideration of the scenic character or uses related to the
				scenic character of the property as factors in the listing process.
(3) The character, landscape context, unique
				features, usage patterns, and other relevant characteristics of the
				SRSNS.
(4) Evidence of the high
				scenic value of the viewshed from the SRSNS or of the protection of the
				viewshed through public ownership, conservation easements or other restrictions
				put in place for purposes specifically including protection of the scenic
				values of the area. Such evidence may increase the significance of an
				SRSNS.
(5) Evidence of the
				degradation of the scenic character of the SRSNS by factors such as
				incompatible development in the viewshed. Such evidence may decrease the
				significance of an SRSNS.