New Small Wind Siting Handbook For Counties
By Peter Asmus
The California Legislature's adoption of Assembly Bill 1207 in
2001 sent a clear message to counties that "the implementation
of consistent statewide standards to achieve the timely and cost-effective
installation of small wind energy systems is not a municipal affair … but
is instead a matter of statewide concern."
While many counties were not wild about this legislation, it rationale
revolved around the statewide energy crisis of that year. California
electricity customers had endured rolling blackouts and were facing
steep electricity rate hikes. The legislature hoped to clear obstacles
to small forms of "distributed generation" that would shore up
both the supply and reliability of energy in the state. AB 1207
was written to standardize the small wind permitting process at
the county level, removing complications that had frustrated many
potential applicants. The legislature specifically intended that:
"any ordinance regulating small wind energy systems adopted
by local agencies…do[es] not unreasonably restrict the ability
of
homeowners, farms and small businesses to install small wind
energy systems in zones in which they are authorized by local
ordinance."
AB 1207 allows counties and other local agencies to follow their
own processes for permitting small wind energy systems, but prohibits
local ordinances that are more restrictive than those established
by the state. To better explain this law and guide local public
officials, the California Energy Commission and the American Wind
Energy Association have released Permitting Small Wind Turbines:
A Handbook. This handbook is specifically designed for county
planning and permitting officials, addressing key issues of top
concern. The landmark handbook uses specific case studies and county
ordinances to illustrate the progress that has been made, highlight
personal experiences, and recommend solutions that could simplify
permitting processes in the future.
Debunking Some Myths
Concerns about small wind turbines are usually about noise, safety,
and impacts on views and property values. Often these concerns
are fueled by neighbors lack of familiarity with wind systems and
a lack of experience on the part of county permitting officials.
Here is a sampling of some small wind turbine myths addressed
in the handbook:
Noise: Unlike commercial turbines, small
wind turbines do not have gearboxes or other mechanical systems
that emit noise. Their blades do produce an aerodynamic sound as
air passes through them, but research has found that other common
objects that twirl, flutter, or rustle in the wind are just as
noisy. When responding to neighbors' questions about noise, remember
that sound levels fall off at a rate equal to the square of the
distance from the source. So a noise reading taken 25 feet away
from a turbine will fall by a factor of four at 50 feet, by a factor
of 16 at 100 feet, and so on.
Visual Impact: Turbines
must be mounted on tall towers to reach necessary wind conditions,
so high visibility is unavoidable. This isn't a problem for the
many people who find wind turbines aesthetically pleasing. But
in response to neighbors who do not, planning officials should
consider the relative sight impacts of wind turbines. Communities
already accept water towers, billboards, relay towers, and transmission
lines as part of the landscape. Does a wind turbine constitute
a greater intrusion on a neighbor's view than would the addition
of a second story to a home or other property improvements that
are legally permitted?
Property Values: There is no documented evidence
that wind turbines Æ even commercially sized wind farms Æ have
ever lowered the values of surrounding properties. In fact, the
opposite effect has been recorded. A recent study that examined
25,000 property transactions within 5 miles of wind farms found
that values rose faster in those areas than in similar communities
without turbines in 26 of 30 comparisons. The report, commissioned
by the U.S. Department of Energy, included data from 10 wind installations
in seven states. To see the report, go to: http://www.repp.org/.
Telecommunications Interference: The rotors on small-scale
turbines are not large enough to interfere with TV or telecommunications
signals, and their blades are made from materials that signals
can pass through -- wood, fiberglass, and plastic. Nor have wind
turbine generators been found to disrupt telecommunications or
radio waves through electromagnetic interference.
Climbing Hazard: Turbine towers should be required to have
the same access restrictions Æ such as fencing or warning signs Æ as
other similar poles and towers. Like other climbable structures,
turbine towers can be equipped with devices that prevent falls.
Some turbine towers are already being sold that lack hand- and
footholds; they are designed to be lowered to the ground for maintenance
and repairs.
Line worker safety: In the 25 years that
utilities have been required to interconnect small wind turbines
to their grids, not a single liability claim has ever been filed
against a turbine owner over electrical safety. Inverters certified
by the California Energy Commission for use with small wind turbine
installations are required to comply with UL 1741, which assures
safe operation on a utility grid, including during utility outages.
Danger to Birds: Bird kills by small-scale
wind turbines are very rare. Statistically, a sliding glass door
is a greater threat to
birds than a small, unlighted wind turbine. (see "Putting Wind
Power's Effect on Birds in Perspective," http://www.awea.org/faq/sagrillo/swbirds.html.)
Smokestacks, power lines, and radio and television towers have
been associated with far larger numbers of bird kills than have
wind farms. Motor vehicles and pollution are responsible for an
even higher proportion of total bird deaths. Housecats kill an
estimated 100 million birds annually. (National Wind Coordinating
Committee (NWCC), Permitting of Wind Energy Facilities: A Handbook,
2nd ed., scheduled for publication in 2002.)
Air Traffic Safety: The height of small wind turbine
towers is well below the 200-foot elevation that would require
them to be lit under Federal Aviation Administration (FAA) rules.
Nor does the FAA require notification of small wind turbine construction.
The California State Aeronautics Act is less stringent than FAA
guidelines, requiring Department of Transportation review for structures
exceeding 500 feet, which is four times as high as the tallest
small wind turbine tower available.
County Responses to AB 1207
Even under the guidelines of AB1207, ease of permitting differs
a great deal across counties. Many planning and permitting departments
are unfamiliar with the public policy rationale behind the new
law. In some cases, county staff has not understood that the law
trumps all local rules governing height restrictions and other
permitting matters for wind turbines unless local legislators have
set ordinances less restrictive than AB 1207.
Some counties changed their permitting rules as a result of the
legislation, but didn't necessarily make their processes less cumbersome.
Others have not changed their ordinances because of budget constraints
or because they've had no wind turbine applicants. But some counties
in windy regions are becoming increasingly good at accommodating
small wind turbines while still protecting the public interest.
The practices of twelve counties (El Dorado; Kern; Los Angeles;
Mendocino; Napa; Riverside; San Bernardino; San Diego; San Luis
Obispo; Santa Cruz; and Solano) were surveyed for this handbook.
Four (Kern, Los Angeles, San Bernardino, and Sonoma) modified their
local ordinances to comply with AB 1207. Sonoma County revised
its ordinance more than five times in response to land use issues
raised by wind turbine applicants.
Riverside County simply modified its application criteria to comply
with AB 1207 neighbor notification requirements without going through
a local public approval process. Four counties (Mendocino, Napa,
Santa Cruz and Solano) elected to accept the minimum state standards
included in AB 1207.
Two counties (San Diego and San Luis Obispo) were still unaware
of AB 1207. A representative of the El Dorado planning department
suggested that a "model ordinance" that would help his county conform
to AB 1207 would be welcomed. Such an ordinance is included in
the handbook.
To order a copy of the handbook, call (916) 654-4058 or contact
the following e-mail: renewable@energy.state.ca.us.
Key Provisions of AB 1207
- Notice of an application to install a small
wind turbine need only be provided to property owners within
300 feet of the property on which the turbine is to be located.
- The allowable height for a small wind turbine
tower on a site of one to five acres should be at least 65
feet; on parcels of five acres or more, the maximum height
should be at least 80 feet. Counties may allow applicants
to exceed these height restrictions, but applicants must demonstrate
that the proposed height for a small wind turbine tower is
within the range recommended by the turbine manufacturer.
- Setbacks from the property line shall be
no farther than the height of the turbine tower (provided this
distance complies with any applicable fire setback requirements).
No part of the system, including guy wire anchors, can extend
closer than 30 feet to the property boundary.
- Except during short-term events such as utility
outages and severe storms, noise levels from a small wind
turbine shall not exceed either 60 decibels or the noise limit
established
by local zoning. Compliance shall be determined by measuring
noise at the closest inhabited dwelling neighboring the site
property.
- The small wind turbine to be installed must
be certified by the California Energy Commission as qualifying
under the Emerging Renewables Fund or Renewables Investment
Plan, or be certified by a national program approved by the
Energy Commission. For a list of these wind turbines, see http://www.consumerenergycenter.org/erprebate/eligible_smallwind.html
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