Model Wind Energy Facility Ordinance (Maine)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place Maine

Name Model Wind Energy Facility Ordinance
Incentive Type Solar/Wind Permitting Standards
Applicable Sector Agricultural, Commercial, Fed. Government, Industrial, Institutional, Local Government, Nonprofit, Residential, Schools, State Government
Eligible Technologies Wind
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs













































Website http://www.maine.gov/doc/commissioner/landuse/docs/index.shtml
Date added to DSIRE 2009-08-01
Last DSIRE Review 2012-09-22



References DSIRE[1]


Summary

Note: This model ordinance was designed to provide guidance to local governments that wish to develop their own siting rules for wind turbines. While it was developed as part of a cooperative effort involving several state agencies, the model itself has no legal or regulatory authority.


In 2008, the Governor's Task Force on Wind Power Development issued its final report. One of the Task Force's recommendations was that the State Planning Office (SPO) develop a model wind ordinance for use by local governments to help facility wind development in the state. The SPO completed the model wind ordinance in August 2009. Additional guidance was issued in February 2010 in the form of a Guidebook (found at the web site listed above).

The model ordinance provides for four types of wind energy facilities and identifies the corresponding authority responsible for reviewing and approving/denying wind energy facility plans.

Wind Facility Type 1A: Has an aggregate capacity less than 100 kilowatts (kW), turbine height less than (or equal to) 80 feet, one turbine, does not require a Department of Environmental Protection permit, and the local Codes Enforcement Officer reviews the plan and provides approval/denial based on the conditions within the ordinance.

Wind Facility Type 1B: Has an aggregate capacity less than 100 kW, turbine height greater than 80 feet, does not require a Department of Environmental Protection permit, and the designated municipal reviewing authority reviews the plan and provides approval/denial based on the conditions within the ordinance.

Wind Facility Type 2: Has an aggregate capacity greater than or equal to 100 kW, does not require a Department of Environmental Protection permit (unless the energy generated by the facility is for sale/use by another person), and the designated municipal reviewing authority reviews the plan and provides approval/denial based on the conditions within the ordinance.

Wind Facility Type 3: Has an aggregate capacity greater than or equal to 100 kW, does require a Department of Environmental Protection permit, and the designated municipal reviewing authority reviews the plan and provides approval/denial based on the conditions within the ordinance.

The model ordinance provides guidance on the application process per type of wind energy facility (including timelines, and rules for setting public hearings, among others), and outlines the required documentation. In addition, it establishes general standards including safety setbacks, natural resource protection measures, building permit requirements, visual appearance standards, noise levels and mitigation (different per facility type), among others. It is interesting to note that the model wind ordinance does not permit building mounted wind turbines or turbines supported by guy wires (although it allows for exceptions on this last point).


Incentive Contact

Contact Name Phil Carey
Department Land Use Planning

Address 22 SHS/Harlow Bldg

Place Augusta, Maine
Zip/Postal Code 04333-0022
Phone (207) 287-3860


Email phil.carey@maine.gov
Website http://www.state.me.us/spo/
     
     

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

Authority 1: Executive Order 31 FY 06/07

Date Enacted 2007-05-08


Authority 2: Maine Model Wind Energy Facility Ordinance

Date Enacted 2009-08-27

















  • Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.[1]

References

  1. 1.0 1.1  "Database of State Incentives for Renewables and Efficiency (DSIRE)"