Section 4361 - Coordination of state and municipal decision making; renewable ocean energy projects1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coastal area" has the same meaning as in Title 38, section 1802, subsection 1. [2009, c. 615, Pt. G, §2(NEW).]B. "Renewable ocean energy project" has the same meaning as in Title 12, section 1862, subsection 1, paragraph F-1. [2009, c. 615, Pt. G, §2(NEW).]C. "Submerged lands" has the same meaning as in Title 12, section 1801, subsection 9. [2009, c. 615, Pt. G, §2(NEW).] [2009, c. 615, Pt. G, §2(NEW).]
2.Location of renewable ocean energy projects. A municipality may not enact or enforce a land use ordinance that prohibits siting of renewable ocean energy projects, including but not limited to their associated facilities, within the municipality. Nothing in this section is intended to authorize a municipality to enact or enforce a land use ordinance as applied to submerged lands. [2009, c. 615, Pt. G, §2(NEW).]
3.Boundaries; rebuttable presumption. A municipality may not enact or enforce any land use standard or other requirement regarding a renewable ocean energy project unless the project or part of the project over which the municipality asserts approval authority is located within its boundaries, as established in its legislative charter, prior to the effective date of this subsection. In any proceeding regarding the location of a municipality's boundaries for purposes of this section, there is a rebuttable presumption that the boundaries of a municipality in the coastal area do not extend below the mean low-water line on waters subject to tidal influence. [2009, c. 615, Pt. G, §2(NEW).]
2009, c. 615, Pt. G, §2 (NEW) .