Jeff Pidot, who recently retired from a career in the Maine Attorney General's Natural Resources Division office - a career pretty much sans reproach - wrote an advisory report back in August at the request of the Maine State Planning Office. It outlines ocean windfarm-related laws & regulations affecting Maine state waters. The 31 page report is entitled "An Independent Study of Submerged Lands Leasing and Regulatory Issues Affecting Wind Power Development in Maine’s Coastal Waters" (pdf) Some excerpts and extracts:
""Significant development projects in Maine’s coastal waters require legally independent decisions by two State agencies: a submerged lands lease issued by the Department of Conservation (Bureau of Parks and Lands); and regulatory permits issued by the Department of Environmental Protection.
* Leasing decisions are made by the Bureau of Parks and Lands in the Department of Conservation
* Regulatory permitting is the primary responsibility of the Maine DEP
* LURC and some coastal municipalities also have (lesser) roles
"The public trust under which these lands are held imposes important restraints on their disposition to and use by private parties, and so must inform government decisions and processes in this regard."
"Although Maine law does not presently include wind power as one of the recognized public trust uses of the State’s coastal waters and submerged lands, as discussed below the Legislature may exercise its judgment to do so by making requisite findings of public needs and benefits of alternative energy production for which Maine’s coastal waters provide unique opportunities.
"Under appropriate legislative authorization, leases and other conveyances enabling wind power development should be based on adequate consideration of trust-related uses and values, mitigation of harms to those uses and values, appropriate restoration of the lands affected, and adequate compensation to the public for the use of its trust resources."
Read the 31 page report (pdf) for details