Expedited Permitting of Grid-Scale Wind Energy Development (Maine)

From Open Energy Information

Last modified on February 12, 2015.

EZFeed Policy

Place Maine

Applies to States or Provinces Maine
Name Expedited Permitting of Grid-Scale Wind Energy Development (Maine)
Policy Category Other Policy
Policy Type Siting and Permitting
Affected Technologies Wind energy
Active Policy Yes
Implementing Sector State/Province

Primary Website http://www.mainelegislature.org/legis/statutes/35-A/title35-Asec3451.html

Last Review 2014-05-30
Last Substantive Modification
to Summary
Information Source http://www.nrcm.org/documents/WindPowerTaskForceSummary.pdf


Maine's Expedited Permitting of Grid-Scale Wind Energy Development statue provides an expedited permitting pathway for proposed wind developments in certain designated locations, known as expedited permitting areas. The statute makes wind development an allowed land use in Maine's unorganized territories, and provides guidelines for assessing the visual impact of proposed wind turbines. Expedited permitting areas are described in the Report of the Governor's Task Force on Wind Power Development in Maine. These areas may be extended when the requested enlargement is a logical geographic extension of the permitting area, would help meet state goals for wind energy development, and would not compromise principal values and goals of the Maine Land Use Regulation Commission.

A proposed wind project seeking to qualify for expedited permitting will be evaluated based on its impact on views from a scenic resource of state or national significance, and will be expected to provide tangible benefits, including employment, energy generation, property tax payments, and community benefits. The applicant for an expedited wind energy development is required to establish a community benefits package valued at no less than $4,000 per year per wind turbine included in the expedited wind energy development, averaged over a 20-year period. The community benefits package requirement is waived if the wind energy has an installed capacity less than 20 megawatts, or is owned by a nonprofit, public, or quasi-public entity, and may not apply to wind turbines located in certain communities (e.g., where the local legislative body has voted to waive or reduce the community benefits requirement, or on Passamaquoddy, Penobscot, or Aroostook Indian Territory). The community benefits package may be used by the host community for projects and programs of public benefit. Smaller-scale wind energy developments may not need site location development permits. However, the applicant must demonstrate that the proposed smaller-scale wind energy project will meet the requirements of the noise control rules adopted by the Board of Environmental Protection, will be designed and sited to avoid unreasonable adverse shadow flicker effects, and will be constructed with setbacks adequate to protect public safety. Municipalities may also choose to request DEP review for smaller-scale wind energy projects. Wind energy developments with a total generating capacity of less than 100 kilowatts are not required to be certified under this section.

Authorities (Please contact the if there are any file problems.)

Authority 1: 35-A M.R.S.A. 3451-3458
Date Effective 2009
Date Enacted 2007

Authority 2: 35-A M.R.S.A. 3451-3458