The Maine Waterway Development and Conservation Act (MWDCA) requires that a permit be issued for the construction, reconstruction, or structural alteration (including maintenance and repair) of new or existing hydropower projects. Hydropower projects include water-powered electrical and mechanical generating projects and water storage projects. The MWDCA sets up a comprehensive, one-stop state permitting process that is administered by DEP for projects in organized municipalities and by LURC in unorganized territories. The law requires consideration of the full range of economic, environmental, and energy benefits and adverse impacts of a hydro project.
The Federal Clean Water Act requires that the States certify that the construction or operation of hydropower projects subject to federal licensing meets State water quality standards. Federal licenses are issued for terms of 30 to 50 years. DEP is the water quality certification agency for projects in organized municipalities.
Permits for hydropower projects. 38 MRSA §§ 630-637.
Note: this link is to the text at the Office of Revisor of Statutes' site. Always check the disclaimer there -- the text may not include the most recent changes.
Rules
Ch. 450. Administrative Regulations for Hydropower Projects
Forms
Request for Consultation (Form Hydro.0). This form is used to request consultation review and comments for the proposed FERC licensing or relicensing of a hydropower project. pdf file; msword file
Water Quality Certification (Form Hydro.1). This form is used to request Water Quality Certification for the proposed FERC licensing or relicensing of an existing hydropower project where no construction, reconstruction or structural alteration of project facilities which would affect water levels or flows is proposed. pdf file; msword file
Project Construction/Reconstruction (Form Hydro.2). This form is used to request a Maine Waterway Development and Conservation Act permit and Water Quality Certification for the proposed FERC relicensing/relicensing and/or construction, reconstruction or structural alteration of a hydropower project. pdf file; msword file
Application Addendum: Dam Removal. This addendum describes the pre-application meeting and public informational meeting requirements that must be satisfied by anyone intending to file an application for a Maine Waterway Development and Conservation Act permit to remove an existing dam. pdf file; msword file
Project Maintenance and Repair (Form Hydro.3). This form is used to request a Maine Waterway Development and Conservation Act permit and Water Quality Certification for the proposed maintenance and repair of an existing hydropower project where no expansion of generating capacity is proposed. pdf file; msword file
Application Addendum: Earthfill Cofferdams. This addendum describes the additional information that must accompany the filing of Form Hydro.2 or Form Hydro.3 whenever an applicant proposes the use of an earthfill confferdam as part of project construction/reconstruction or maintenance and repair activities. pdf file; msword file
Application Addendum: Pre-Application and Public Meeting Requirements for Dam Removal Applications. This addendum describes the pre-application meeting requirements and public informational meeting requirements that must be satisfied by anyone intending to file an application for a Maine Waterway Development and Conservation Act permit to remove an existing hydropower dam. pdf file; msword file
Condition Compliance. This form is used to comply with conditions of hydropower project permits and/or certifications that require approval by the DEP. pdf file; msword file
Project Modification. This form is used to request approval of minor changes to (a) project design or operation or (b) the conditions of a hydrpower project permit and/or certification previously approved by the DEP. pdf file; msword file
Transfer. This form is used for the transfer of a hydropower project permit and/or certification for the construction and/or operation of a hydropower project. pdf file; msword file
Hydropower -- State Process 