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An Act To Regulate Noise from Wind Turbines in Residential Developments
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §484, sub-§3, ¶A, as enacted by PL 1993, c. 383, §21 and affected by §42, is amended to read:
 
A.  In making a determination under this subsection, the department may consider the effect of noise from a commercial or industrial development. Noise from a residential development approved under this article may not be regulated under this subsection, and noiseexcept that noise from wind turbines from a residential development may be regulated under this subsection. Noise generated between the hours of 7 a.m. and 7 p.m. or during daylight hours, whichever is longer, by construction of a development approved under this article may not be regulated under this subsection.
Sec. 2. Retroactivity. This Act applies retroactively to January 1, 2006.
 
SUMMARY
Current law prohibits the regulation of noise from residential developments under the site location of development laws. This bill allows such regulation for noise from wind turbines and makes it retroactive to 2006.