1. Department. The department shall administer the permit process for a hydropower project that:
A. Is located wholly or partly within an organized municipality; or [PL 2009, c. 270, Pt. D, §5 (NEW).]
B. Uses tidal or wave action as a source of electrical or mechanical power, regardless of the hydropower project's location. [PL 2009, c. 615, Pt. F, §2 (AMD).]
2. Maine Land Use Planning Commission. The Maine Land Use Planning Commission shall administer the permit process for a hydropower project that is located wholly within the State's unorganized and deorganized areas as defined by Title 12, section 682, subsection 1 and that does not use tidal or wave action as a source of electrical or mechanical power.