wind turbine zoning for certs - clean energy resource teams · 2020-01-07 · certs wind turbine...

Wind Zoning for CERTs

Wind Turbine Zoning for CERTs

Northwest Wind Energy WorkshopAugust 3rd, 2006

University of Minnesota Crookston

Mark Lindquist The Minnesota Projectwww.mnproject.org


The Model Ordinance Project

§ Collaboration of:§ The Minnesota Project§ Minnesota Association of County

Planning and Zoning Administrators§ Southwest Regional Development

Commission§ Three Rivers RC&D

§ Developing Two Products:§ Model Ordinance§ Supporting document that outlines the

basis for the ordinance language


Project Process

§ Small work group appointed by MACPZA, District D did the research and drafting.§ Work group has contacted various

stakeholders for input§ Documents were submitted to and

approved by MACPZA§ Documents are posted on CERTs and

MACPZA web sites.


Why do a model ordinance?

§ Several CERTS teams identified zoning as an issue or barrier for clean energy

§ County Zoning staff in in SW were interested in updating their ordinances

§ The Minnesota Project staff background


Who Regulates Wind Turbines?

Under 5 MW

Local government –usually a county

Over 5 MW

MN Public Utilities Commission / Dept of Commerce

North Dakota – 100 MW threshold for state permitting


Who Regulates Wind Turbines?

What about “Aggregated Projects” where each wind turbine is owned by a separate individual or partnership?

The Law is absolutely clear! § The problem is that the clear law is being

read differently by different parties. § State reading of law and rules is that

aggregated projects over 5 MW are under state jurisdiction.§ Some wind developers read the law to

authorize local government to permit any legal structure under 5 MW.


Local Authority and Purpose

§ Counties, Cities, and Townships are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of:

“promoting the health, safety, morals, and general welfare of the community”

§ Local Governments’ powers are broad and substantial – subject to due process constraints


Why is Zoning Important

§ Commercial Wind turbines are a significant expanding land use in rural Minnesota. § Good ordinances are needed:§ To facilitate development.§ To ensure that ill-considered projects do

not harm the public.§ To ensure that ill-considered projects do

not harm public support for wind development. § Model Ordinance on-line at:§ www.cleanenergyresourceteams.org/


If wind is good, what’s the problem?

§ There are needs to address various issues.§ Compatibility with

surrounding land use.

§ Public safety§ Visual Impact § Noise § Impacts to public

services§ Other Nuisance


Summary of Standards

§ Distinguish between Commercial and Non-Commercial§ 40 kW or 100 kW Threshold



§ Zoning = keeping non-compatible land uses apart.§ Early 20th Century response to industrialization.

§ Two approaches:1) Determine if these are permitted, conditionally permitted or not permitted in each existing land use district.2) Look hard at the county and create an overlay district where turbines are acceptable.



Commercial§ Conditionally

Permitted§ Ag § Industrial

§ Not Permitted§ Rural Residential§ General Business§ Conservation like§ Shoreland, Wild

and Scenic River etc

§ Urban Expansion

Non-Commercial§ Permitted§ Ag. § Industrial

§ Conditionally Permitted§ Rural Residential§ Highway Commercial§ Shoreland§ Urban Expansion

§ Not permitted § General Business§ Rural Town Site



Setbacks - Commercial§ Homes – 750 feet § Property Lines – 1.1 – 1.25 X total height§ Road Rights of Way 1 X total height§ Other ROWs to be considered§ Conservation Lands – 600 feet§ Certain wetlands – 600 feetSetbacks Non-Commercial§ Property Lines 1.1 X total height § Road ROWs 1 X total height or

fall zone + 10’



Setbacks primary tool for public safety and nuisance§ Catastrophic Failure –§ If they fall down or a blade comes off it

won’t land on a house or road.§ Nuisance –§ Visual impact including shadow flicker§ Bluff top setbacks

§ Noise attenuation§ TV Reception

§ Impact on adjacent property wind resource



5 RD Setback for 1.65 MW turbine requires ¼ section.

11 parcels – 6 cannot meet setbacks.



Safety Standards§ Engineers Certification§ Minimum ground clearance§ Markings on Guy Wires§ Met tower painting

§ Primary protection for public safety is setbacks



Design Standards§ Tubular towers for commercial

Turbines§ White, grey or non-obtrusive color§ Lighting limited to FAA requirement§ Signage limited § Power lines up to 35 kV buried§ Substation comply with essential

services ordinance



Other Standards§ Decommissioning and abandonment§ Plan in the application§ Abandon after 1 year § 90 days to remove

§ Comply with FAA regulations, electrical code and state noise rule § Noise - MN Rule 7030.0040 = 50 decibels

at a farm house.



Infrastructure Impacts

§ Minimize or mitigate interference with telecommunications§ Microwaves a major concern§ Military Radar – Not a local issue

§ Road Damage mitigation§ Drainage system mitigation


Other Ordinance Language

§ Definitions§ Procedures§ Interpretation and severability clauses§ Enforcement


Bird and Bats

§ There is no free lunch. § Direct mortality§ Habitat impacts

§ The Altamont Pass - Birds§ Bad siting leads to bad outcomes

§ Wooded Eastern Ridge Tops - Bats§ Bad siting leads to bad outcomes

§ Bat Study on BR – found about 2 bats killed per turbine per year.


Birds and Bats

Grassland Birds and Habitat use:§ Generally, grassland

birds don’t like to be near tall stuff.§ Wind turbines are

tall. § Reduced nesting

impacts – DNR recommendation 600 foot setback.


Birds and Bats

MCBS – Native Plant Communities


Wind is good!