Wind Turbine Zoning for CERTs

Transcription

1 Turbine Northwest Energy Workshop August 3rd, 2006 University of Minnesota Crookston Mark Lindquist The Minnesota Project

2 The Model Ordinance Project Collaboration of: The Minnesota Project Minnesota Association of County Planning and Administrators Southwest Regional Development Commission Three Rivers RC&D Developing Two Products: Model Ordinance Supporting document that outlines the basis the ordinance language

3 Project Process Small work group appointed by MACPZA, District D did the research and drafting. Work group has contacted various stakeholders input Documents were submitted to and approved by MACPZA Documents are posted on and MACPZA web sites.

4 Why do a model ordinance? Several CERTS teams identified zoning as an issue or barrier clean energy County staff in in SW were interested in updating their ordinances The Minnesota Project staff background

5 Who Regulates Turbines? Under 5 MW Local government usually a county Over 5 MW MN Public Utilities Commission / Dept of Commerce North Dakota 100 MW threshold state permitting

6 Who Regulates 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.

7 Local Authority and Purpose Counties, Cities, and Townships are enabled to regulate land use under Minnesota Statutes 394 and 462 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

8 Why is Important Commercial 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 wind development. Model Ordinance on-line at:

9 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

10 Summary of Standards Distinguish between Commercial and Non-Commercial 40 kw or 100 kw Threshold

11 Summary of Standards = keeping non-compatible land uses apart. Early 20 th 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.

12 Summary of Standards 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

13 Summary of Standards Setbacks - Commercial Homes 750 feet Property Lines X total height Road Rights of Way 1 X total height Other ROWs to be considered Conservation Lands 600 feet Certain wetlands 600 feet Setbacks Non-Commercial Property Lines 1.1 X total height Road ROWs 1 X total height or fall zone + 10

14 Summary of Standards Setbacks primary tool 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

15 Summary of Standards 5 RD Setback 1.65 MW turbine requires ¼ section. 11 parcels 6 cannot meet setbacks.

16 Summary of Standards Safety Standards Engineers Certification Minimum ground clearance Markings on Guy Wires Met tower painting Primary protection public safety is setbacks

17 Summary of Standards Design Standards Tubular towers 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

18 Summary of Standards 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 = 50 decibels at a farm house.

19 Summary of Standards Infrastructure Impacts Minimize or mitigate interference with telecommunications Microwaves a major concern Military Radar Not a local issue Road Damage mitigation Drainage system mitigation

20 Other Ordinance Language Definitions Procedures Interpretation and severability clauses Encement

21 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.

22 Birds and Bats Grassland Birds and Habitat use: Generally, grassland birds don t like to be near tall stuff. turbines are tall. Reduced nesting impacts DNR recommendation 600 foot setback.

23 Birds and Bats MCBS Native Plant Communities

24 is good!