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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 846
H.P. 532 House of Representatives, March 4, 2025
An Act to Protect Natural Resources by Clarifying Hydropower
Dam Removal Requirements
Reference to the Committee on Environment and Natural Resources suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLIER of Buxton.
Page 1 - 132LR1272(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 38 MRSA §634, sub-§4, as enacted by PL 2003, c. 134, §2, is repealed and
3 the following enacted in its place:
44. Dam removal. A person seeking to remove an existing dam that is part of a
5 hydropower project must comply with the requirements of this subsection.
6 A. Prior to filing an application for a permit to remove the dam, the person must attend
7 a preapplication meeting with the department and must hold a public informational
8 meeting. The preapplication meeting and the public informational meeting must be
9 held in accordance with the department's rules on the processing of applications.
10 B. An applicant for a permit to remove an existing dam must propose removal of the
11 entire dam structure. The department shall deny an application proposing to remove
12 only a portion of an existing dam.
13 C. If any portion of the dam structure is located on land owned by a municipality or
14 other government entity, the applicant must demonstrate to the department’s
15 satisfaction that the municipality or entity has approved the removal of that portion of
16 the dam structure. If the applicant fails to demonstrate such approval, the department
17 shall deny the application.
18 D. If the removal of the dam is expected to result in the alteration of water levels in
19 the body of water from which the dam is removed, as determined by the department
20 based on information provided by the applicant or otherwise available to the
21 department, the department shall require as a permit condition that prior to dam
22 removal, the applicant identify all landowners expected to be affected by the alteration
23 of water levels and set aside sufficient funds for reimbursing those landowners for the
24 corresponding loss in property value following dam removal. Dam removal may not
25 commence until the department has determined that the amount of funds set aside and
26 plan for disbursement of those funds to affected landowners is sufficient.
27SUMMARY
28 This bill amends the laws regulating permits for hydropower projects to include the
29 following provisions applicable to the removal of an existing dam that is part of a
30 hydropower project.
31 1. An applicant for a permit to remove an existing dam must propose removal of the
32 entire dam structure and not just a portion of an existing dam.
33 2. If any portion of the dam structure is located on land owned by a municipality or
34 other government entity, the applicant must demonstrate to the satisfaction of the
35 Department of Environmental Protection or Maine Land Use Planning Commission, as
36 applicable, that the municipality or entity has approved the removal of that portion of the
37 dam structure.
38 3. If the removal of the dam is expected to result in the alteration of water levels in the
39 body of water from which the dam is removed, the department or Maine Land Use Planning
40 Commission, as applicable, must require as a permit condition that prior to dam removal,
41 the applicant identify all landowners expected to be affected by that alteration of water
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Page 2 - 132LR1272(01)
42 levels and set aside sufficient funds for reimbursing those landowners for the corresponding
43 loss in property value following dam removal.
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