Maine Revised Statutes Title 35-A Sec. 3452-A – Impact on Bicknell’s Thrush habitat; adverse effect
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Terms Used In Maine Revised Statutes Title 35-A Sec. 3452-A
- Associated facilities: means elements of a wind energy development other than its generating facilities that are necessary to the proper operation and maintenance of the wind energy development, including but not limited to buildings, access roads, generator lead lines and substations. See Maine Revised Statutes Title 35-A Sec. 3451
- Generating facilities: means wind turbines and towers and transmission lines, not including generator lead lines, that are immediately associated with the wind turbines. See Maine Revised Statutes Title 35-A Sec. 3451
- Wind energy development: means a development that uses a windmill or wind turbine to convert wind energy to electrical energy for sale or use by a person other than the generator. See Maine Revised Statutes Title 35-A Sec. 3451
If any portion of the generating facilities or associated facilities of a wind energy development is proposed to be located within a conterminous area of coniferous forest that lies above 2,700 feet in elevation, is at least 25 acres in size and provides suitable habitat for Bicknell’s Thrush, Catharsus bicknelli, and in which sightings of Bicknell’s Thrush have been documented to occur during the bird’s breeding season within the previous 15 years, there is a rebuttable presumption that the development would constitute a significant adverse effect on natural resources for the purposes of Title 38, section 484, subsection 3. The presumption extends to the entire conterminous area of suitable habitat and is not limited to the parts of the area immediately proximate to where Bicknell’s Thrush sightings have been documented. [RR 2013, c. 1, §50 (COR).]
SECTION HISTORY
RR 2013, c. 1, §50 (COR). PL 2013, c. 325, §2 (NEW).