Maine § 35-A §3456 Siting considerations for smaller-scale wind energy development in organized areas

Maine Statutes

§ 35-A §3456 — Siting considerations for smaller-scale wind energy development in organized areas

Maine § 35-A §3456

Title 35-APUBLIC UTILITIES

Part 3ELECTRIC POWER

Ch. 34-AEXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT

This text of Maine § 35-A §3456 (Siting considerations for smaller-scale wind energy development in organized areas) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 35-A, § 35-A §3456 (2026).

Text

1.Construction and operation requirements. A person may not construct or operate a wind energy development, other than a grid-scale wind energy development, without first obtaining a certification from the department that the generating facilities:

2.Fees; outside review; approval process. The department may charge a developer an appropriate fee for its review and certification pursuant to this section. Certification may be conditioned on specific requirements, including but not limited to setbacks from residential structures to address noise or safety concerns. The department may use an outside reviewer as provided in Title 38, section 344‑A. If no other approval by the department is required for the development, the department shall issue its certification within 185 days of its accept

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1.
Construction and operation requirements.
A person may not construct or operate a wind energy development, other than a grid-scale wind energy development, without first obtaining a certification from the department that the generating facilities:
2.
Fees; outside review; approval process.
The department may charge a developer an appropriate fee for its review and certification pursuant to this section. Certification may be conditioned on specific requirements, including but not limited to setbacks from residential structures to address noise or safety concerns. The department may use an outside reviewer as provided in Title 38, section 344‑A. If no other approval by the department is required for the development, the department shall issue its certification within 185 days of its acceptance of a request for certification as complete pursuant to Title 38, section 344. At the request of an applicant, the department may put the certification review period on hold. If another approval by the department is required for the development, the department shall consolidate its process for certification under this section with that regarding other approvals by the department as provided in the department's rules and may extend the review period as provided in those rules. Notwithstanding any other provision of law, the department's certification pursuant to this section regarding a development that does not otherwise require the department's approval pursuant to this Title is not itself subject to judicial review as final agency action or otherwise, except as an aspect of an appeal of a pertinent municipal land use decision.
3.
Enforcement of standards.
Following certification under this section and during construction and operation, the standards in subsection 1 for a wind energy development subject to certification under this section may be enforced by the municipality in which the generating facilities are located at the municipality's discretion pursuant to Title 30‑A, section 4452. The department is not responsible for enforcement of this section.
4.
Exemption.
Certification under this section is not required for a wind energy development with a generating capacity of less than 100 kilowatts.