August 7, 2025
Background
During the first session of the 132nd Maine legislature, a new law was passed that makes an important change to the way standard and research (aka "limited purpose" or "experimental") leases are renewed. The new law streamlines the administrative procedures that DMR must go through to renew leases, while ensuring continued opportunity for public engagement in the process.
Specifically, the new law no longer requires an option for a public hearing prior to a lease renewal being approved by the DMR Commissioner. The new law, which was enacted by the legislature with an emergency preamble to reduce wait times and administrative barriers for lease renewal applicants, went into effect on June 20, 2025.
Improved Operational Certainty
Prior to this law change, a public hearing on a standard or research lease renewal was required if requested by at least 10 people.
DMR estimates that it would take up to four years to fully process renewals that require a public hearing; a timeframe that would pose a significant challenge for aquaculture businesses.
Even though lease holders may continue operating their site while DMR processes renewal applications, they cannot amend, expand or otherwise modify the lease because the lease has expired.
Additionally, it can be very difficult for aquaculture businesses to secure financing or to conduct business planning - activities which require their ability to demonstrate that they have an active lease.
Opportunity for Public Input
It’s important to note that before being issued initially, all standard leases require both a scoping session and a public hearing. For a lease to be granted, it must meet all applicable decision criteria.
While the new law no longer requires an option for public hearings for lease renewals, it does provide an opportunity for meaningful public participation. The DMR Commissioner must provide nearby landowners, municipal officials, and the public with notice of the renewal application and guidance on providing comments on the renewal. The public then has 30 days to submit comments on the renewal application.
In addition, the new law provided opportunities for public input and participation during the legislative process, which included a public hearing and work session.
Administrative Efficiency
A lease renewal application is a request to continue existing lease operations as currently authorized under the original decision and associated lease agreement. As such the decision criteria to renew a lease are different from the criteria for the initial lease. Lease renewal criteria are focused on how the site was operated over the prior term whereas criteria for new sites are more focused on existing uses of an area.
Given the difference in the criteria between an initial lease and a lease renewal, an administrative review process for lease renewals ensures an appropriate and more efficient use of department resources while balancing the opportunity for public input.
Consistency and Fairness
To ensure consistency and fairness, the new law not only applies to lease renewal applications received after the law was enacted on June 20, 2025, but also to lease renewal applications that were pending as of that date. Making the new law apply to all pending renewals ensures that all proposals benefit from the greater operational certainty resulting from the streamlined process.
A copy of the new law is available here and will be available online within the Maine Revised Statutes 90 days after the end of the first session of the 132nd legislature.