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Wind energy development can create new revenue in the form of construction jobs and land lease payments for rural communities. Development opportunities also create a new responsibility on the part of local governments to ensure that ordinances will be estabilished to aid the development of safe facilities that will be embraced by the community. Many towns and counties throughout the United States have developed ordinances to regulate the impacts of wind energy development. These ordinances address safety, land use, and other impacts. This page outlines the typical themes in ordinances and links to states ordinances online. In addition, the report, "An Overview of Existing Wind Energy Ordinances (PDF 1.2 MB) Download Adobe Reader" provides a collection of examples for state and local governments and policymakers to use when they draft a new large wind energy ordinance in a town or county without existing ordinances.
Ordinance Themes
The following themes are typically included in ordinances regulating the development of commercial wind energy facilities. This list is provided to help your town or county develop future ordinances regulating the impact of utility-scale wind energy facilities.
Zoning Areas
Used to limit wind energy development to certain parts of the town/county where the overall impact will be minimal or in some cases to where the wind resource is best.
Set Backs
Standards that are defined to create space between areas of concern and the wind energy conversion system. Common areas of concern include property lines, inhabited structures, public roads, as well as communication and electrical lines.
Spacing and Density
Utilized to address aesthetic concerns and safety issues by ensuring that individual wind turbines will not be sited so closely as to create a cluster.
Height
Usually measured from the base of the tower to the tip of the blade at its highest point. General town/county zoning ordinances often already define height allowances. An exception to allow greater heights for wind energy conversion systems may be necessary. The ordinance regulating the development of wind energy facilities should define this height.
Clearance
Normally measured from the lowest point of the arc created by rotating blades to the ground, a defined clearance height aids in addressing safety concerns.
Access
By defining access standards, towns/counties can ensure safety in many ways, typically by limiting direct contact to the interior of the wind turbine tower, electrical equipment, and any climbing apparatus.
Electrical
In order to ensure normal land usage, electrical standards may be put in place. These standards define whether electrical wires must be buried or if and when they are allowed to be placed overhead.
Lighting
Must comply with minimum Federal Aviation Administration regulations but can also be regulated to ensure minimal impact on neighboring properties.
Equipment
Equipment standards typically further define the electrical standards by ensuring that any electrical equipment associated with a wind energy system is located in a specified area, usually under the swept area of the blade assembly.
Appearance, Color, and Finish
By defining the appearance, color, and finish of turbines in a wind energy facility, local governments can limit aesthetic displeasure and ensure design uniformity.
Signage
Defining specific sign standards ensures that wind energy facilities will not be used to advertise or promote any product or service. It also can guarantee the proper placement of warning signs and the identification of the owner and/or manufacturer.
Permits
The permitting process is utilized so local governments can review and allow for wind energy developments. Permits are usually granted in accordance to the provisions of the ordinance regulating the development of wind energy facilities.
Restoration Requirements
Ensures that restoration standards are defined to the extent desired by the local government and community, typically to the level of restoring the area(s) where the wind turbines are located to their original condition at the end of the project life or facility abandonment. Restoration requirements sometimes include the posting of a performance bond or other financial instrument to ensure the disposal of the wind energy conversion system.
Signal Interference Standards
Signal interference standards ensure that the construction and operation of a wind energy facility will not interfere with television, microwave, navigational, or radio reception in any neighboring areas.
Noise Standards
Established to create a standard maximum level of allowed noise due to the operation of wind energy conversion systems. These standards often include a defined method of measuring noise level.
Shadow Flicker
Addressed within ordinances regulating the development of commercial wind energy facilities to prevent, mitigate, and eliminate shadow flicker on any roadway or any occupied structure on a nonparticipating property. (Shadow flicker is the term used to describe shadows on the ground and surrounding structures that may emanate from the rotating blades of a wind turbine.)
Small Wind Ordinances
For information pertaining to Ordinances that Regulate Small Wind, contact Jim Green.
State Ordinances
Some of the following documents are available as Adobe Acrobat PDFs. Download Adobe Reader.
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