HP0754, LD 1061, item 1, An Act To Regulate Meteorological Data-gathering Towers in Maine

An Act To Regulate Meteorological Data-gathering Towers in Maine

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §685-B, sub-§2-D is enacted to read:

2-D. Meteorological towers; permit notification. As used in this subsection, "meteorological tower" has the same meaning as in Title 35-A, section 3451, subsection 7-A.

A. Within 30 days after issuing a permit for construction or installation of a meteorological tower, the commission shall send a notice by certified mail, return receipt requested, to each owner of record of each parcel of land located within 8 miles in every direction of the meteorological tower. The notice must include:

(1) The location of the meteorological tower, including the global positioning system coordinates of the tower;

(2) The name and address of and a designated contact person for the person or entity issued the permit; and

(3) A map, to scale, of the area surrounding the meteorological tower, including, but not limited to, the location of structures, houses, roads identified by their locally designated names and state route numbers where applicable and significant natural features such as mountain peaks, streams and lakes.

B. Within 30 days after issuing a permit for the construction or installation of a meteorological tower, the commission shall publish a notice of the permit issuance and the information required in the notice pursuant to paragraph A in a:

(1) Newspaper published on a daily basis having general circulation in the area where construction of the meteorological tower has been permitted; and

(2) Newspaper published on a weekly basis having general circulation in the area where construction of the meteorological tower has been permitted.

C. Within 30 days after issuing a permit for the construction or installation of a meteorological tower, the commission shall post in a prominent position on its publicly accessible website the following information, which must be searchable by keyword:

(1) The name of the township in which the meteorological tower is located;

(2) The name and address of the person or entity issued the permit;

(3) The date the permit was issued;

(4) A link to access copies of any maps that are required in the notice pursuant to paragraph A; and

(5) A map of the State that includes the location of all meteorological towers permitted by the commission.

Sec. 2. 30-A MRSA §4362 is enacted to read:

§ 4362. Meteorological towers

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Meteorological tower" has the same meaning as in Title 35-A, section 3451, subsection 7-A.

B. "Wind energy development" has the same meaning as in Title 35-A, section 3451, subsection 11.

2. Notification to surrounding property owners. If the Maine Land Use Planning Commission or the Department of Environmental Protection is not required to provide notice pursuant to Title 12, section 685-B, subsection 2-D, paragraph A or Title 38, section 487-B, subsection 2, the permitting municipality, within 30 days after issuing a permit for construction or installation of a meteorological tower, shall send a notice by certified mail, return receipt requested, to each owner of record of each parcel of land located within 8 miles in every direction of the meteorological tower. The notice must include:

A. The location of the meteorological tower, including the global positioning system coordinates of the tower;

B. The name and address of and a designated contact person for the person or entity issued the permit; and

C. A map, to scale, of the area surrounding the meteorological tower, including, but not limited to, the location of structures, houses, roads identified by their locally designated names and state route numbers where applicable and significant natural features such as mountain peaks, streams and lakes.

3. Public notice. If the Maine Land Use Planning Commission or the Department of Environmental Protection is not required to publish a notice pursuant to Title 12, section 685-B, subsection 2-D, paragraph B or Title 38, section 487-B, subsection 3, the permitting municipality, within 30 days after issuing a permit for the construction or installation of a meteorological tower, shall publish a notice of the permit issuance and the information required in the notice pursuant to subsection 2 in a:

A. Newspaper published on a daily basis having general circulation in the area where construction of the meteorological tower has been permitted; and

B. Newspaper published on a weekly basis having general circulation in the area where construction of the meteorological tower has been permitted.

4. Internet posting. If the Maine Land Use Planning Commission or the Department of Environmental Protection is not required to post information on the Internet pursuant to Title 12, section 685-B, subsection 2-D, paragraph C or Title 38, section 487-B, subsection 4, the permitting municipality, within 30 days after issuing a permit for the construction or installation of a meteorological tower, shall post in a prominent position on its publicly accessible website the following information, which must be searchable by keyword:

A. The name of the municipality in which the meteorological tower is located;

B. The name and address of the person or entity issued the permit;

C. The date the permit was issued;

D. A link to access copies of any maps that are required in the notice pursuant to subsection 2; and

E. A map of the State that includes the location of all meteorological towers permitted by the municipality.

5. Wind energy development permit. As part of any permit application for a wind energy development, the applicant shall submit to the permitting municipality a detailed summary of the data from each meteorological tower the applicant used in evaluating the suitability of the site for a wind energy development. The municipality may not consider the application complete until the detailed summary is submitted. The detailed summary of the meteorological tower data is a public record as defined in Title 1, section 402, subsection 3.

Sec. 3. 35-A MRSA §3451, sub-§7-A is enacted to read:

7-A. Meteorological tower. "Meteorological tower" means an elevated structure or other support platform with attached equipment, such as an anemometer, a wind direction vane and temperature and pressure sensors and other measurement devices, to measure and assess the wind resource in connection with a wind energy development.

Sec. 4. 35-A MRSA §3459 is enacted to read:

§ 3459. Meteorological towers

As part of any permit application for a wind energy development, the applicant shall submit to the primary siting authority a detailed summary of the data from each meteorological tower the applicant used in evaluating the suitability of the site for a wind energy development. The primary siting authority may not determine the application complete until the detailed summary is submitted. The detailed summary of the meteorological tower data is a public record as defined in Title 1, section 402, subsection 3.

Sec. 5. 38 MRSA §487-B is enacted to read:

§ 487-B. Meteorological towers; permit notification

1. Meteorological tower defined. For the purpose of this section, "meteorological tower" has the same meaning as in Title 35-A, section 3451, subsection 7-A.

2. Notification to surrounding property owners. Within 30 days after issuing a permit for construction or installation of a meteorological tower, the department shall send a notice by certified mail, return receipt requested, to each owner of record of each parcel of land located within 8 miles in every direction of the meteorological tower. The notice must include:

A. The location of the meteorological tower, including the global positioning system coordinates of the tower;

B. The name and address of and a designated contact person for the person or entity issued the permit; and

3. Public notice. Within 30 days after issuing a permit for the construction or installation of a meteorological tower, the department shall publish a notice of the permit issuance and the information required in the notice pursuant to subsection 2 in a:

A. Newspaper published on a daily basis having general circulation in the area where construction of the meteorological tower has been permitted; and

B. Newspaper published on a weekly basis having general circulation in the area where construction of the meteorological tower has been permitted.

4. Internet posting. Within 30 days after issuing a permit for the construction or installation of a meteorological tower, the department shall post in a prominent position on its publicly accessible website the following information, which must be searchable by keyword:

A. The name of the municipality or township in which the meteorological tower is located;

B. The name and address of the person or entity issued the permit;

C. The date the permit was issued;

D. A link to access copies of any maps that are required in the notice pursuant to subsection 2; and

E. A map of the State that includes the location of all meteorological towers permitted by the department.

SUMMARY

This bill requires applicants for wind energy permits to submit to the permitting municipality, the Maine Land Use Planning Commission or the Department of Environmental Protection a detailed summary of the data from each meteorological tower the applicant used in evaluating the suitability of a site for a wind energy development. The bill also requires municipalities, the Maine Land Use Planning Commission and the Department of Environmental Protection to provide certain notifications relating to permits for the construction or installation of a meteorological tower. The required notifications include notice to landowners within 8 miles of the tower, publication in daily and weekly newspapers and posting on the Internet.

HP0754 LD 1061	Session - 126th Maine Legislature		LR 1631 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer