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Getting
a Building Permit
A wind turbine is a tall structure that
requires a building permit. Zoning regulations
often limit the height, placement, and other characteristics of
"appurtenant" structures, so a conditional
(special) use permit or variance may
be necessary. It's usually best to let your
neighbors know about your installation. Be prepared to answer
questions and clear up common misconceptions with well-documented
facts about small wind turbines.
Contact
County Planning or Permitting Department
Find out what zoning regulations apply to
appurtenant, or non-dwelling, structures on your property. Ask
if small wind energy systems are specifically addressed by local
ordinance, and if so get a copy of the ordinance. You'll need
to know the permitting procedures and find out what documentation
is required for your turbine. You may have to submit a structural
plan drafted by an engineer, but documents from your turbine manufacturer
or dealer may be enough. (A checklist
of common permitting issues is available for California residents.)
Conditional
(Special) Use Permits
If zoning rules list small or residential
wind turbines as an approved "conditional" or "special"
use for your property, you need only comply with the relevant
conditions -- which usually pertain to minimum lot size, maximum
tower height, setbacks, and electrical code compliance. The manufacturer
or dealer may be able to help with the documentation.
If small wind turbines are not an allowed
use, you may have to apply for a conditional use permit, which
could involve public hearings before you local planning board.
Check local land-use codes carefully for special zoning ordinances
that authorities may have overlooked. A turbine owner in California
avoided turbine tower height restrictions through a forgotten
wind energy zoning ordinance that had been passed decades earlier.
Variance
A zoning variance is a project-specific
exception from existing zoning regulations. If the zoning code
prohibits structures more than 35 feet, tall, for example, a wind
turbine will probably need a variance from the rule unless special
provisions have already been inserted for wind energy systems.
Local county or city planning boards usually have to approve variances.
An application for a variance should cite the specific rule and
list reasons why a structure should be excepted. Height restrictions
are a common barrier for wind turbine applicants, who often find
height limits set at 35 feet because fire trucks could not pump
water higher than that when the code was written. These rules
are now obsolete, but residents may nevertheless insist on preserving
them because they feel taller structures would negatively alter
the neighborhood's appearance. You should be prepared to explain
that the impact of your wind turbine will be minimal. Take note
of other tall structures neighbors already accept: water towers,
rooftop satellite dishes, cellular communications towers, etc.
Letting
Your Neighbors Know...Tips on Public Hearings
BE PREPARED to answer questions about your
project, especially if you have to appear at a public hearing
seeking a conditional use permit or variance (Conditional or special
use permits do not always require hearings, but a variance will).
A hearing may turn out to be a mere formality, but be ready for
anything that might come up. Here are some tips:
- Planning and zoning officials may be
unfamiliar with small wind energy systems, so be prepared to
explain the basics. It's helpful to have photographs of similar
installations. See our "success
stories" for examples.
About Permitting
Fees ...
Permitting requirements, procedures, and
fees vary widely among counties. Fees for building permits, use
permits, zoning permits, and "plot plans" can range
from $400 to $1,600. There may be other fees for public notification,
hearings, and environmental impact studies costing from a few
hundred to several thousand dollars.
Remember, if
a fee seems inappropriate or excessive, you may be able to get
it reduced or waived. Find out what you are being charged for
and offer to provide documentation or information that makes the
fee unnecessary.
Some Useful Links
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