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 — even commercially sized wind farms – 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 — such as fencing or warning signs — 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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