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small wind
Small Wind Toolbox
Zoning
Cities and counties can decrease the time and expense needed for you to obtain a turbine permit by specifically including turbines in the language of 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:
- 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.
Attention County Officials:
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| 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. |
Don’t supersede FAA lighting requirements. Small wind turbine towers are usually below heights regulated by the FAA or state aviation law.
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| 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. |
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.
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| Review California's Assembly Bill 1207 (passed in 2001) for guidelines on height restrictions, setbacks, and other zoning rules. |
Don’t arbitrarily prohibit wind turbines on all
ridgelines. Consider the particular merits of individual sites.
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| Consider whether the rural character of your county justifies tower heights that exceed California's minimum height allowances (See "San Bernardino County," above). |
Don’t require that all small wind turbines “blend in with their environments.” Require such mitigation only when there is a clear public benefit.
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| 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. |
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.
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| Identify a model project to set a high standard for future applicants and to prepare staff to address misconceptions about small wind turbines. |
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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Take Action: Tell Congress to support a tax credit for small wind!
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