Reposting Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act
Maine Department of Environmental Protection sent this bulletin at 07/09/2024 03:41 PM EDTYou are subscribed to Rulemaking Notification for Maine Department of Environmental Protection. This information has recently been updated, and is now available.
In P.L. 2023 ch. 448, the Legislature directed the Department to establish a compensation fee program for renewable energy development projects, specifically solar energy development, wind energy development, and high-impact transmission lines that trigger the Site Location of Development law. The new statute requires this program to allow for the payment of a compensation fee when the Department determines that off-site habitat improvement or preservation is necessary to mitigate the adverse effects of a renewable energy development on large undeveloped habitat blocks, important wildlife corridors, and other habitat types identified in consultation with the Department of Inland Fisheries and Wildlife.
The Department is proposing to amend Chapter 375, No Adverse Environmental Effect Standards of the Site Location of Development Act, to define these habitat resources and establish a compensation fee program. Compensation would be required if there would be any alteration to a deer wintering area, habitat of rare, threatened or endangered species, migratory bird pathway, or important wildlife corridor, or when there are certain alterations to large undeveloped habitat blocks. Compensation would be required if there would be more than 150 acres of alteration to core habitat in a large undeveloped habitat block in the Southern ecoregion, 250 acres in the Central Interior and Midcoast ecoregion, and 350 acres in other ecoregions, or when the development would eliminate a large undeveloped habitat block in the Southern or Central Interior and Midcoast ecoregion. A map intended to help understand the proposed amendment is available.
Proposed amendments to the existing Chapter 375 were posted to public comment in January 2024. Since the posting the Department has made substantive changes to the draft. These changes require reposting the rule to an additional public comment period.
The Department is proposing to amend Chapter 375, No Adverse Environmental Effect Standards of the Site Location of Development Act, to define these habitat resources and establish a compensation fee program. Compensation would be required if there would be any alteration to a deer wintering area, habitat of rare, threatened or endangered species, migratory bird pathway, or important wildlife corridor, or when there are certain alterations to large undeveloped habitat blocks. Compensation would be required if there would be more than 150 acres of alteration to core habitat in a large undeveloped habitat block in the Southern ecoregion, 250 acres in the Central Interior and Midcoast ecoregion, and 350 acres in other ecoregions, or when the development would eliminate a large undeveloped habitat block in the Southern or Central Interior and Midcoast ecoregion. A map intended to help understand the proposed amendment is available.
Proposed amendments to the existing Chapter 375 were posted to public comment in January 2024. Since the posting the Department has made substantive changes to the draft. These changes require reposting the rule to an additional public comment period.

