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 Streamlined
Zoning and Permitting Procedures
Cities and counties can decrease the time
and expense needed to obtain a permit for a wind turbine by designating
turbines a specifically permitted use in their zoning ordinances.
Most ordinances do not address wind turbines, forcing applicants
to obtain conditional use permits or waivers, which are often
difficult and costly.
A well-designed zoning ordinance includes a section that defines
"small wind energy systems" and clearly spells out the
relevant restrictions: the maximum rated capacity, height limits,
setbacks, allowable noise levels, and required compliance with
various standards such as the Uniform Building Code, National
Electric Code, and FAA regulations.
The ordinance may also distinguish between
systems that produce electricity primarily for the owners' on-site
consumption and small-scale commercial applications that generate
electricity for sale.
A model ordinance: www.awea.org/smallwind/documents/modelzo.html
Or download the factsheet in pdf format: model_zoning.pdf
Ordinances of note:
California
passed a state law that sets minimum allowances counties must
grant small wind turbines regarding tower heights, noise levels,
and other permitting restrictions. The law is the default zoning
ordinance for counties that do not specifically address small
wind energy systems in their land-use codes.
San
Bernardino County elected to exceed the minimum allowable
tower height established by California's state law for property
in rural desert areas.
Minnesota,
Montana,
and Nebraska
allow turbine owners to acquire wind easements on adjoining properties
to prevent structures that would impede wind currents on the turbine
site.
Recommended
Practices for County Officials
Below are some general rules for designing effective zoning
ordinances for small wind energy systems. These recommendations
are based on the experiences of turbine owners and counties in
California, which passed a law in 2001 that standardizes local
permitting restrictions on small turbines. The comprehensive guide
Permitting
Small Wind Turbines: Learning from the California Experience,
offers more for turbine owners and
local officials seeking to understand and improve permitting regulations
affecting small wind energy systems.
The
Do's:
• Remember that small wind
turbines reduce the threat of blackouts in your community,
contribute to national security, and reduce dependence on
polluting forms of electric generation. Small wind turbines
are community assets, not toys or hobbies.
• Make sure that your fee
structure isn’t discouraging potential wind turbine
buyers. Ideally, total permitting costs should not exceed
two percent of the original capital cost of a small wind
turbine.
• Review California's Assembly
Bill 1207 (passed in 2001) for guidelines on height restrictions,
setbacks, and other zoning rules.
• Consider whether the rural
character of your county justifies tower heights that exceed
California's minimum height allowances (See
"San Bernardino County," above).
• Review design integrity
of wind turbine towers, with standard drawings and an engineering
analysis showing compliance with national or state building
codes and certified by a licensed professional engineer.
• Identify a model project
to set a high standard for future applicants and to prepare
staff to address misconceptions about small wind turbines.
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The
Don'ts:
• Don’t supersede FAA
lighting requirements. Small wind turbine towers are usually
below heights regulated by the FAA or state aviation law.
• Don’t require
all small wind turbine applicants to obtain a conditional
use permit. Instead,
create a permitted use designation with appropriate requirements
and restrictions.
• Don’t arbitrarily
prohibit wind turbines on all
ridgelines. Consider the particular merits of individual
sites.
• Don’t require that all small wind turbines
“blend in with their environments.” Require
such mitigation only when there is a clear public benefit.
• Don’t require consumers to post a bond or
performance security for removal of small wind turbines.
No such obligation is required for any other type of privately
financed infrastructure.
• Don’t require fencing unless public safety
is an issue of particular concern at a given site, or unless
similar fencing is required for other similar types of structures
(cell phone or amateur radio towers). |
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