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In the Public InterestHow and Why to Permit for Small Wind Systems

A Guide for State and Local Governments

American Wind Energy Association September 2008

A Guide for State and Local Governments

IN T H E PU B L I C IN T E R E S T:HO W A N D WH Y T O PE R M I T

F O R SM A L L WI N D SY S T E M S

The greatest challenges to small-scale renewable energy are nottechnical, but rather financial, political, and regulatory. Confusing,inconsistent or even absent permitting processes discourage thevery people a forward-thinking community would want to enable:those with the motivation and resources to generate their ownclean electricity.

Small wind turbines allow homeowners, farmers, small businessowners, and public facilities to generate their own clean, safe, and reliable energy for on-site use. Though thousands of townsand counties already do, many have not yet included small windsystems in their zoning codes to allow their use. The reason isoften no more than a lack of familiarity with the technology,resulting in overabundant care to avoid setting a controversialprecedent. This often renders the permitting process the singlemost daunting obstacle for would-be consumers and preventsthe installation - and associated public benefits - of thousands of small wind systems.

The good news is this is easy to fix. Making the permitting processaffordable, streamlined, and accountable is in the best interest ofthe consumer, environment, and community. This guide explainswhy, and identifies best practices for local governments to balancethe interests of property owners and the community.

Ron StimmelSeptember 2008

"We ought to have a law that allowshomeowners and

small business peopleto put up photovoltaicgenerators and small

windmills and any other new sources of

widely distributedgeneration that they can come up with."

- Al Gore, March 19, 2007

CNN Glenn Beck Show

"Bad zoning not onlyscares away potential

customers, but alsodealers - the local

small businesses thatdistribute, install,

and maintain small wind systems."

- Mike Bergey, Bergey WindPower Co.

"Planners can encourageefficient energy use,

diversification of energysupply, and emissions

reductions through theirinfluence over the built

and natural environments - including both whereand how we build, and

where and how wepreserve open spaces." - American Planning

Association. Planning and Climate

Change: Mitigation andClean Energy Strategies.

www.planning.org/energy/index.htm

American Wind Energy Association

www.awea.org/smallwind

American Wind Energy [email protected]

(202) 383-2546

CONTENTS

IntroductionWhat Are Small Wind Turbines? ...................................................... 2How Are They Used?...................................................................... 3What Can Neighbors and the Community Expect? .............................. 3Responsibilities of Turbine Owners ................................................... 3

The "Power" of Good ZoningPrecedent: Commonplace or "Bleeding Edge"? .................................. 4Why Zone for Small Wind Systems? ................................................. 4

The Importance of HeightWhy Do They Need To Be Tall? ........................................................ 6

Issues1. Setback Distances and Height ................................................... 82. Lot Size ................................................................................. 93. Aesthetics ............................................................................ 104. Sound .................................................................................. 115. Property Values ..................................................................... 136. Insurance ............................................................................. 137. Abandonment ....................................................................... 138. Multiple Turbines ................................................................... 149. Urban and Building-Integrated Installations .............................. 1410. Potential of Structural or Electrical Failure ................................. 1511. Soil Studies .......................................................................... 16

Non-Issues/"Red Herrings"i. Shadow "Flicker" .................................................................... 17ii. Fences/Attractive Nuisance ...................................................... 18iii. Birds .................................................................................... 19iv. "Icing" .................................................................................. 19v. Electrical Signal Interference ................................................... 20vi. Lightning Strikes .................................................................... 20vii. Stray Voltage ........................................................................ 21

Making It Happen: Best Practices and a Model OrdinancePermitted use? Accessory use? or Conditional use? ........................... 22Recommendations

For State and Local Governments ........................................ 23Specifically for Local Governments ....................................... 24Specifically for State Governments ...................................... 25Permitting Process: Time & Cost .......................................... 26

Conclusion ......................................................................................... 27Contributing and Additional Resources ............................................... 28Appendix: AWEA Model Zoning Ordinance .......................................... 30

What Are Small Wind Turbines?

A small wind turbine is a device thatproduces electricity from wind. Movingair causes the turbine to rotate, whichgenerates clean, emissions-free energythat can be used to power a home,farm, school, or small business.1

Though most small wind turbines looklike a miniaturized, "back yard" versionof the large, utility-scale, three-bladedturbines, the industry encompasses over200 different models and they can varywidely in appearance. A small windturbine is technologically advanced butmechanically simple, with only two orthree moving parts. Most feature threeblades of 2-15 feet in length, a generatorlocated at the hub, and a tail. The turbineis mounted on a steel tower 35-140 feethigh, which is designed as a freestandingmonopole (like a street light), a latticetower (like a radio tower), or a guyedmonopole (like a street light with

support cables from mid-tower to the ground). (See p. 10 for illustration)

Some models eliminate the traditionalpropeller-shaped blade design andinstead feature a cylinder-likecomponent that revolves similarly to abarbershop pole or corkscrew. Systemsof this configuration are known as"vertical axis" turbines because theplane of rotation is perpendicular, orvertical, to the ground.

The technology has advanced considerablyin the recent years, making small windturbines quieter, more reliable, and betterable to blend in with surrounding aesthetics.A forthcoming (2009) program to certifysmall wind turbines to a safety, performance,sound, and reliability standard will furtherpromote high performance and increaseconsumer confidence.2

1 "Small wind system" encompasses not only the turbine,but the tower, foundation, and wiring equipment oftennecessary for an installation. "Small wind turbine" and"small wind system" are sometimes used interchangeably.

2 The Small Wind Certification Council (SWCC) is an independent, third-party program that will, upon its

introduction in 2009, certify small windturbines tested

to a performance, safety, and reliability standard.Proposed and enacted incentives for small-turbineconsumers at state and federal levels have alreadybegun to account for this impending program by makingfuture certification a requisite for eligibility. Other states,such as California and New York, have incorporatedtheir own criteria for eligibility into their incentiveprograms in order to grant incentives only to productsthat meet certain performance and safety conditions.

IN T R O D U C T I O N

Basic parts of a traditional,Horizontal-Axis

Small Wind System

Vertical-Axis Turbine

2

Skystream 1.8kW turbinesize compared to lampposts

Common Applications

On- or Off-Grid…• Single-Family Homes• Businesses• Farms• Institutions• Schools• Government Buildings• Industrial Sites• Military• Communications

Systems



How Are They Used?

Tens of thousands of homes, farms, smallbusinesses, schools, and other institutionsthroughout the country use small windturbines to lower or eliminate theirelectricity bills. Uses are diverse and quitesimilar to those of solar photovoltaicpanels. The two technologies are in factnatural complements (wind resourcesare strongest in the winter and spring while solar resources are strongest in the summer) and are often used togetherin hybrid systems.

Some small wind systems connect to the

utility grid while others charge batteries for backup power for remote, stand-aloneapplications like cabins or even sailboats.Connecting to the electric grid allows aturbine owner to use electricity from thelocal utility when the wind does not blow,but also allows any surplus electricity -energy produced in excess of consumption,such as when winds are strong and usageis low - to be sent back into the grid andused by a neighbor. But unlike largeturbines that power entire cities, smallwind systems are used to produce powerprimarily on-site for a single user.

What Can Neighbors and the Community Expect?

After installation, which takes abouttwo to 10 days to complete, life with a turbine in the neighborhood is largelyuneventful. Visual assimilation of thenew turbine is similar to neighborsbecoming accustomed to a new buildingaddition, landscaping project, or theremoval of a prominent tree. The best

way to assess the impact is to visit anactual installation. With approximately10,000 turbines sold in the U.S. everyyear, and in all 50 states, they arerelatively easy to locate. Contact a manufacturer or local installer tosee an installation first-hand. (Seewww.awea.org/smallwind/smsyslst.html)

Responsibilities of Turbine Owners

The small wind industry is indeed small,and every installation potentially affectspublic perception of not only small windturbines, but of renewable energy as awhole. Each installation is, in essence,an ambassador of the industry. It is inthe long-term, self interest of the industry and consumers alike that owners exercisegood judgment and courtesy toward theirneighbors and community. Doing sooften includes informing neighbors, inwriting, of a proposed installation andeducating them about potential impacts -both real and perceived - of a small windturbine (see www.awea.org/smallwind/toolbox2/INSTALL/building_permits.htmlfor a sample letter to neighbors).

For fundamental reasons though,topography and the wind itself largelydetermine precisely where and how high a turbine must be installed.Sometimes there is no way to avoidthese physical constraints other thanto place or elevate the turbine into amore aesthetically sensitive place on a property. But a turbine owner shouldmake a deliberate effort to take allreasonable measures to minimizeimpacts on neighboring areas.

"Everybody knows thegood things about usingrenewable energy. Iwanted to set an exampledown here and perhapsencourage others to dothe same thing." - Small-turbine ownerChuck Heide, Somers, WI

3

0.4 kW turbineon a sailboat

Precedent: Commonplace or "Bleeding Edge"?

Understandably, community leaders are sometimes hesitant to enactregulations that appear to be first oftheir kind. But with tens of thousands of small wind turbines in the U.S., inevery state, zoning officials need notfear being on the "bleeding edge" of anew movement. Thousands of townships,counties, and cities have had small wind zoning regulations on the books for decades, setting a substantialprecedent for others to follow.

Below is a very small sample oflocalities with small wind zoningordinances:Great Falls, MT San Bernardino County, CA Clarke County, VA

Currituck County, NCKern County, CALong Lake Township, MINorwich, VTOcean Gate, NJMason City, IAWicasset, MERockingham County, VADenver, COThetford, VTEliot, MEHenry County, GACape Elizabeth, MARochester, NYTippecanoe County, INSan Francisco, CAChicago, ILFillmore County, MNWeber County, UT

3 "Policy Guide on Energy." American PlanningAssociation, April 2004. http://www.planning.org/policyguides/pdf/Energy.pdf See also: "Planning andClimate Change: Mitigation and Clean Energy Strategies."American Planning Association. http://www.planning.org/energy/index.htm. Accessed May 2008.

4 For a list of states and incentives available for small wind systems, see the Database of State Incentives forRenewables & Efficiency at http://dsireusa.org.

TH E "PO W E R” O F GO O D ZO N I N G

4

"Never before has thegeneral public been

so interested in solarand wind energy, norhas the potential for

political support everbeen so high."

- Ingrid N. Kelley,Chair, Environment,

Natural Resourcesand Energy Division,

American PlanningAssociation

"The way weplan urban areas

significantly affectsthe energy usage of

individual buildingsites. Appropriate

site design standardsand building codes

can encourage energyconservation and the

use of renewableenergy technologies

on site." - American Planning

Association3

Why Zone for Small Wind Systems?

Your family's electric bill has climbed to $400 per month and you expect it go higher. You are worried how globalwarming will affect your kids. And youdon't want to wait around for others tofix these problems. Generating yourown, clean power sounds like a greatidea, and something you may even beable to afford with the rebate programyour state offers for small wind turbines.

So you spend months researchingequipment, your neighborhood's windresource, and ways to pay for a new turbine. All your ducks are finally in line,

but when you apply for a buildingpermit, the county office has neverheard of small wind systems, or if theyhave, only of rumors that they are noisyand kill birds. This technology is alsonowhere to be found in the zoning codeand it is hard for the zoning office to findout information about how to treat thisunique structure. Or, since the closestthing the zoning office has dealt withbefore is large, utility-scale turbines,your 5 kilowatt turbine is treated thesame as a 50,000 kilowatt power plantand the permitting requirements andcosts are impossibly out of reach.

Bergey WindPower 10kW turbine



Left without a solution readily at hand,the permit is denied, and you are stuck with high electricity bills and adependency on conventional fuels. Yourcommunity misses the opportunity toincrease clean, in-state generation,reduce the pressure on a stressed powergrid, and employ local businesses tosell, install, and maintain these systems.

Simply listing small wind systems asan allowed use (such as an accessory,permitted, or conditional use) can avoidthis scenario that happens with startlingfrequency around the country.

Other reasons to permit for small wind systems include:

To Be Prepared. Many states4

carefully craft incentive programs tohelp consumers purchase small windsystems only to find that local zoningordinances stand in the way of thesystems' installation. Communities may wish to design zoning policy toanticipate and accommodate small wind installations, especially in statesthat try to encourage them.

To Retain Autonomy. The states ofCalifornia, Nevada, Oregon, Wisconsin,Michigan, Vermont, and New Hampshirehave been the first to create statewiderules for the permitting of small windsystems. Whether to follow suit orpreserve local autonomy, knowing howbest to deal with this technology in yourcommunity is good long-term strategy.

To Conserve Public Resources. Case-by-case application reviews and hearings cost time and money. Proactively planning

for small wind installations can be arewarding investment.

For the Personal Benefits. Owners of small wind systems enjoy:

• Personal energy independence• Free electricity after recouping costs• Relief from high and volatile prices

of other forms of electricity• Reliable electricity• Ability to support clean energy and

fight global warming in a tangible way• Increased property values

For the Public Benefits. Though thepower generated by a small wind systemis used only by a single residence orfacility, the benefits of wind powerextend to the entire community.Community benefits include:

• Reduced pressure on the local electricity grid

• Increased security: can provide back-up power to strategic applications like police stations or hospitals for "hazard mitigation" purposes5

• Increased local energy independence• Increased property values• Enhanced reliability and power

quality of the power grid• Reduced peak power demands• Increased in-state electricity

generation• Diversified energy supply portfolio• Reduced pollutants from traditional

forms of energy• Increased market competition from

more consumer choice• Increased visible indicators of

community support for clean energy • Increased regional economic growth

5

A turbine'sproductivity is largely in the hands of zoningofficials.

"Distributed small wind energy systems…enhance the reliabilityand power quality ofthe power grid, reducepeak power demands,increase in-stateelectricity generation,diversify the sate'senergy supply portfolio,and make the electricitysupply market morecompetitive bypromoting consumerchoice." - CaliforniaGovernment Code,Section 65891.13(a)(2) www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=65001-66000&file=65892.13

Manufacturers ask:"In which state should Ibase my operations?"

The answer is: "States with the bestpolicies."

5 Sandia National Laboratory has begun development of strategic Energy Surety Microgridshttp://www.sandia.gov/news/resources/releases/2006/microgrid.html

Why Do They Need To Be Tall?

A tall tower is the single most importantfactor in the economic viability of asmall wind system. Tall towers enableturbines to access faster and betterquality winds, and even small increasesin wind speed translate to exponentiallymore energy the turbine can generate.In other words, a taller tower means far more - and cheaper - energy.

The best sites for turbines are thosewhere the wind is least obstructed,which is often the highest point on aproperty. The bottom of the turbinerotor should clear the highest windobstacle (rooftop, mature tree, etc.)within a 500 foot radius by at least 30 feet. Doing so ensures the turbinereaches consistent, fast wind speedsand prolongs the life of the turbine byavoiding stressful air turbulence.

TH E IM P O R T A N C E O F HE I G H T

6

Ventera 10kW turbine

Putting a turbine on too short of a

tower is like placinga solar panel in

the shade.

Restrictive ZoningRules Can Undermine

State LawSeveral states offer

financial incentives topromote small windturbines and cleanenergy. But zoning

height limitations canprevent turbines

from generating anymeaningful amount

of energy, thwartingthe intent of the state incentive.



Overly conservative zoning heightrestrictions therefore cost the owner money - and a lot of it. They can alsomean more sound, since taller towersraise the generator high above theground, diluting sound considerably.Sound decreases four-fold with everydoubling of distance from the turbine(including distance above the ground) sotaller towers are better for their owners as

well as neighbors. (See also “Sound” p. 11.)

For zoning officials, the importance of strong winds also means that towerheight cannot be compromised as agesture to neighbors concerned aboutthe visibility of the turbine. "Hiding" aturbine from neighbors using a shortertower almost always means hiding itfrom the wind, too.

7

Bergey WindPower 10kW XLS turbine

Mariah Power Windspire1kW turbine

Nor do two shorter installations make anacceptable substitute for a single, tallerone. A tower alone can comprise 50% ormore of a system's total cost, so multiple,shorter turbines (on multiple towers) costthe owner far more than a single, tallersystem. (See also "Multiple Turbines," p. 14.)

It is also important to keep in mind that a turbine's generator size(generating capacity, measured inkilowatts or kW) has little, if anything,to do with its tower height. Sometimeszoning regulations mistakenly limittower heights based on the size of the turbine's capacity, thinking that

a 2kW turbine, for example, alwayscorresponds to a 40 foot tower. This isnot the case. Appropriate tower height is matched to a turbine depending onsurrounding terrain, trees and buildings,and wind resource. Therefore, towerheight restrictions, if any, should onlyreflect sound and safety concerns ratherthan be designed to correspond to asystem's generating capacity. Mostoften, in fact, established sound andsetback requirements negate the needeven to mention height in regulationsfor small wind systems.

1. Setback Distances and Height:

To balance against the need for talltowers (see p. 6), good practice requiresthat a turbine in a residential district be"set back" from a property line somegiven distance. (For commercial orother zones, this distance is oftenconsiderably less, even zero, since inthese areas affected parties seldomexist immediately outside a propertyline.) The mandated distance inresidential zones should reflect validconcerns for property rights of abuttingneighbors, as well as those of theturbine owner.

This most commonly translates to thetower height plus the length of oneblade (the turbine's "total extendedheight") from the property line,inhabited neighboring structures, utilitylines, and/or road right-of-ways. Thisdistance should suffice so long as the

tower is professionally engineeredand/or the installer provides engineeredplans of the tower, the foundation, andthe system does not exceed thedefinition of nuisance noise asestablished in the zoning code.(See also "Sound," p. 11.)

Independent structural analyses of atower and its foundation are readilyavailable from the manufacturer, sorequiring additional studies isunnecessary and also prohibitivelyexpensive for a turbine owner. For their own protection and insuranceconsiderations, the manufacturerconducts these studies for reasons ofeconomics, responsibility, and - even iffor no other reason - self-preservation.(See "Potential of Structural or ElectricalFailure," p. 15.)

IS S U E S

8

Many existing heightlimitations still exist

based upon the fact that100 years ago water

pressure in firefighters'hoses could not reach

higher than 35 feet.

The following issues are key components of land use law, as well as publicacceptance of small wind systems, and are critical for the successful placementof a turbine:

1. Setback Distances and Height

2. Lot Size

3. Aesthetics

4. Sound

5. Property Values

6. Insurance

7. Abandonment

8. Multiple Turbines

9. Urban and Building-Integrated

Installations

10. Potential of Structural or

Electrical Failure

11. Soil Studies

Southwest Windpower “Air”on lamppost

EnergiePGE 35kW turbine

Flagpoles, lamp posts,and utility poles are

allowed in front ofschools and parking lotsamong cars and people

because they areengineered structures,

just like wind turbinetowers. They should all receive the same

treatment under law.



However, in residential zones, someargue that a turbine's setback shouldbe no different than that of a house,cellular tower, flag pole, street lights, or any other engineered structure, and that height should not be expresslylimited nor specified in zoningregulations. Instead, they argue thatin residential zones turbine heights arealready self-regulated based on soundlevel restrictions at the property line.

Also keep in mind that:

Turbines on the market areengineered to withstand hurricaneforce winds (110 -130 mph).

Allowing abutting property ownersto submit signed easements may be analternative form of compliance shouldroads and utility lines be absent in theimmediate vicinity.

A manufacturer's engineeringspecifications should be an acceptablemeans of ensuring safety and practicality.

9

2. Lot Size:

Some zoning rules limit turbines and/or their heights to a correspondingproperty size. For example, somejurisdictions limit tower height to 80 feetfor lots 0.5-1.0 acre and impose noheight limit for lots larger than 1.0 acre.

This regulatory approach, however,usually has no meaningful effect simply

because sound and setbackrequirements, which are usually more restrictive, make such astipulation redundant. Such arequirement may contribute onlyto additional administrative burdens and unnecessarily limit the use of wind turbines.

Bergey WindPower 1kW turbine

Skystream 1.8kW turbinedual-use on lamppost

Skystream 1.8kW turbine

Allowing abutting property owners to submit signed easements may be an alternative form of compliance should roads and

utility lines be absent in the immediate vicinity.

3. Aesthetics:

To function, wind turbines must be talland unobstructed, which means thatthey will likely be visible at somedistance (see p. 6). It is also a fact thatsome people object to their appearance.However, legislating "taste" becomes adifficult task - and an inappropriate onefor any authority other than ahomeowners' association (and evenhomeowners' associations may wish to create policies that prohibit aestheticsfrom entering the debate). Regulatingaesthetics requires balancing theperceived or desired character of acommunity; the public and privatebenefits of clean, renewable energy;and property rights of all parties.

Advocates say that small wind turbinesare icons of the American rurallandscape, dating back to the 1920s,and that today they have again emergedas a symbol of independence and acleaner future. They argue that so longas a turbine is installed safely,particularly on private property, theyshould be allowed. System ownerscompare the aesthetics of their turbineto that of a street lamp, utility pole, orflag pole, and like a flag on a flagpole, a turbine only moves or makes a soundwhen the wind blows (see "Sound," p. 11).Advocates also point to precedent,noting that communities already acceptwater towers, buildings, billboards, relaytowers, cell phone towers, utility polesand lines, grain silos, and radioantennas as part of the landscape.

But the aesthetic impact of windturbines may be unacceptable in areas with historic significance whereaesthetics play an important role in adistrict's long-established character.Opponents say that their height and

movement are a distractive andunpleasant sight and visually intrude on their rights as property owners.Both views are based on emotion,however, not fact. As such, aestheticsare often a very sensitive issue andpolicymakers should take care toaddress any concerns fairly.

Small turbines are designed to blend inwith their surroundings as much aspossible. Studies show that turbinesbest blend into the sky when painted the factory-default color. Manufacturersavail themselves of expertise todetermine how to prevent their turbinesfrom standing out like a sore thumb onthe landscape. So requiring owners to"disguise" a turbine or tower by paintingit green or other colors to matchvegetation would actually make it standout more and should be avoided.

Some communities regulate appearanceby prohibiting the use of commercialmarkings, messages, or banners on the turbine or tower. Some towns alsodictate which tower types are acceptablein order to ensure only the most visuallyappealing design. This, too, is asubjective assessment, and suchdecisions are often made withoutconsidering the added cost of a"sleeker" tower that performs just asreliably as another design. A monopoletower (like a flag pole) generally has a"tidier" appearance than a lattice tower(like a radio tower) or guyed tower (like a flag pole with wire supports), but they can cost several thousands of dollars more and should not beconsidered equal economic substitutes.All towers on the market areprofessionally engineered for safety and reliability, leaving appearance andcost the only significant differencesamong them.

Monopole Tower

10

"By placing thesewindmills where manypeople can see them,[people] will be able

to learn about andexperience alternativeenergy as part of their

daily lives."- Pennsylvania Gov.

Edward Rendell, April 11, 2006

Lattice Tower

Guyed Monopole Tower



4. Sound:

Modern wind turbines have betterinsulation, lower rotation speeds, fewermoving parts, no gearboxes, and moreefficient blades that make them muchquieter than their ancestors. Today'sturbines emit sound that is barelydiscernible from ambient noise, evenwith a decibel (dB) meter. Sound fromtraffic, rustling trees, airplanes, andpeople in fact often sufficiently mask the dull, low, "white noise" sounds asmall turbine can make at certain windspeeds. Only during short-term eventslike severe storms or utility outages doturbines make distinctive sounds, but inthese occurrences ambient sound levelsincrease as well.

To put this into further perspective, the sound made by the lanyard clasp on a flagpole line hitting its pole is farmore "tonal" and distinguishable thanany sound a small wind turbine makes,and is less easily masked by ambientsounds.6

Zoning policy should reflect ambientsound levels as well as occasions where no affected parties are locatedimmediately outside a propertyboundary. Therefore, except duringshort-term events like storms and utilityoutages, a small wind system should beinstalled and operated such that soundpressure levels do not exceed thedefinition of "nuisance noise" asestablished by existing zoning code. or at the nearest dwelling, whichever is greater. Sound levels should alwaysbe measured downwind of the turbine to account for the canceling effect of the sound of the wind itself. If ambientsound levels exceed "nuisance" levels

on certain occasions, such as duringstorms, sound level limits of small windsystems should also be given reprieveduring these events which are out ofeveryone's control.

Or, instead of singling out wind turbinesin sound regulations, it may be more fair and administratively simple to usedefault sound/noise regulations thatapply universally to other objects andappliances in a community. The smallwind section of Wisconsin's (state-wide)zoning ordinance, for example, has nomention of sound because its designerschose to treat small wind turbinesequally with other alloweddevices/structures.

11

A clasp hitting a flagpole is far more distinguishable

than any sound a smallwind turbine makes

Modern smallwind turbines aretypically quieterthan most externalair conditioners.

6 Flag clasp photo credits:Flags Unlimited

Sound Level Comparison

4. Sound (con’t):

Planners and zoning committeesshould also keep in mind that:

Sound decreases significantly withdistance from the source (includingheight - another good reason to allowtall towers). Doubling the distance from the turbine decreases the soundlevel by a factor of four. For example,sound level readings at 25ft. from theturbine hub drop by a factor of 4 at50ft., and by a factor of 16 at 100ft.Noise intrusion across a property linefrom a turbine that is set back 100ft. or more is typically very limited.

Turbine manufacturers are keenlyaware of the public demand for quietermachines and have invested in newmaterials and designs to minimizesound. As a result, today's turbinesoperate at near-ambient sound levels.

Only a few events or circumstancescan cause a normal operating windsystem to become audible, includingutility blackouts (or a full battery bankfor those models that incorporate

batteries). Both situations aretemporary, and in many cases (but not all), easily remedied by the ownerby manually shutting down the turbine.

Sound level test data for someturbines is available from the U.S.Department of Energy's (DOE) NationalRenewable Energy Laboratory (NREL).7

Requiring certified noise tests for aresidential wind system is unnecessarygiven the lower sound emissions oftoday's turbines and that sound datais readily available from manufacturers.Such tests are also beyond the budgetof any homeowner.

"Noise" is a subjective term. Whethera person generally favors wind turbinesor not can determine how he or she viewsa single, seemingly objective sound.

The single best way to understandthe nature of a turbine's sound is to visitan installation site. All turbines are amarginally different so be sure to visit alocation with a similar wind resource andthe same model turbine as is in question.

7 The National Renewable Energy Laboratory (NREL) has tested several residential-sized wind turbines forsound emission levels. NREL engineers noted a "markedprogress toward quieter turbines" in recent years andconcluded in one case that "the turbine noise could notbe separated from the background noise." This isgenerally true of most of today's residential windequipment over a great range of operating wind speeds.NREL engineers noted, however, that "the operatingcondition [of the wind turbine] has a strong influence on the noise characteristics." They found two scenarios where sound actually increased above normal operating

conditions: when grid connection was lost (for grid-connected models) and when the batteries were full (for battery-charging models). The solution is simplyfor the owner to shut off the turbine in these situationsto avoid excessive noise. See the NREL report,"Acoustic Tests of Small Wind Turbines," NREL/CP-500-34662, by P. Migliore, J. van Dam, and A. Huskey athttp://www.nrel.gov/docs/fy04osti/34662.pdf.

Additional Resources:Alberts, Daniel J. "Primer for Addressing Wind TurbineNoise". Lawrence Technological University, 2005.http://home.nethere.com/dja1701/technical_writing/papers/AddressingWindTurbineNoise.pdf

12

"Vermont turbine ownerDavid Blittersdorf

reports that the homenext to his sold within

one day for the fullasking price. His new

neighbors later told himthat his 10kW turbinewas a major factor inthe quick sale. 'They

said they wanted to livein a place where the

community cared aboutthe environment. Theytold me that they, too,

wanted to install a smallwind turbine someday,'

says Blittersdorf."- Permitting Small

Wind Turbines: A Handbook: Learning

from the CaliforniaExperience. California

Energy Commission,2003. www.awea.org/smallwind/documents/

permitting.pdf

Most people'sreaction to

turbines, even up close, is that

they are muchquieter than

they expected.



5. Property Values:

Evidence8 indicates that the presence of wind turbines increases neighboringproperty values. No study has everconcluded that wind turbines - neitherlarge nor small - have had a depressing effect on nearby residential propertyvalues.

A recent survey found that most peopleare interested in or willing to pay morefor homes equipped with solar panels orwind turbines.9

13

8 A May 2003 study by the Renewable Energy PolicyProject (REPP) study, The Effect of Wind Developmenton Local Property Values, finds that "…for the greatmajority of projects the property values actually rosemore quickly in the view shed than they did in thecomparable community. Moreover, values increasedfaster in the view shed after the projects came onlinethan they did before." Available at http://www.crest.org/articles/static/1/ binaries/wind_online_final.pdf.

See also: Advice from an Expert: Residential WindTurbines and Property Value. American Wind EnergyAssoc. http://www.awea.org/faq/sagrillo/ms_zoning_property values.html.

9 "Renewable Energy Study." California EnergyCommission, Nov. 2001. http://www.energy.ca.gov/reports/2002-04-03_500-02-016.pdf. p. 28

Windward Engineering4.25kW turbine

6. Insurance:

The small wind system should simply be added to existing homeowner, farm,or business policies as an "appurtenant"(uninhabited) structure and not requirea separate policy. Precautions such assetback requirements for wind turbines

are designed specifically to protect thatwhich is beyond one's own property line.Homeowner's insurance policies makeno distinction based on how far a turbineis from one's own house, so neithershould zoning rules.

7. Abandonment:

Some towns require assurance that anynon-functioning turbine will be removedafter a period of time to preventunnecessary clutter in a community.Abandonment due to malfunction hasbecome particularly rare due to today'simproved technology, though acommunity should be entitled torecourse should an abandoned turbinepresent a nuisance.

Security bonds may be required forlarge, utility-scale turbines which arelocated on land leased from a third-party property owner, but these are

inappropriate and unduly burdensomefor owners of small systems who installturbines on land they own. It isrecommended that any small windturbine owner whose equipment isinoperable for six months be notified by the zoning committee that theowners have six months from the noticedate to restore their system to operatingcondition. If the owner fails, the windturbine should be removed from thetower for safety reasons. The toweritself would then be managed under thePublic Nuisance language of the rest ofthe existing zoning code.

Bergey WindPower 10kW XLS turbine

lowered for ground maintenance

Proven Energy 2.5kW turbine rooftop array

Abundant RenewableEnergy ARE 110 2.5kW and

ARE 442 10kW turbines

14

8. Multiple Turbines:

Though rare, some small wind systemscome in "arrays" of multiple turbines,each of which is usually very small.However, regulations should treatadditional turbines no differently thanthe first. So long as each turbine, or the resulting aggregate installation,meets the sound, setback, and safetyrequirements as exist for otherstructures, there should be no need for further or special considerations.

When determining height limits (if any - see "Setback Distances andHeight," p. 8), keep in mind that rarelyare multiple units equal economicsubstitutes for one larger, taller turbine.Therefore to meet restrictive heightlimitations, multiple small turbines arenot an equal substitution. See thepayback period table in the "Height" (p. 7) section of this guide for anillustration.

9. Rooftop Turbines and Urban Environments:

In very rare instances turbines areinstalled directly onto building rooftopsor even designed as part of the buildingitself (known as "architecturallyintegrated"). These installations appearmostly in urban or densely-built areaswhere small property sizes may preventthe use of towers elsewhere on aproperty. These types of installationscurrently account for less than 1% of all applications, but interest is increasingrapidly and zoning officials may receivepermit applications for urban or rooftopinstallations.

Siting becomes especially importantfor turbines in urban settings. Wind

patterns behave very differently aroundbuildings and in densely-built areas, so a turbine must be sited very precisely inorder to gain access to wind of sufficientquality. Height, for example, becomesincreasingly important in order for theturbine to rise above aerodynamicobstacles and turbulence, as depicted in the graphic below.

Regardless of these unusual physicalconditions, as long as other sound and setback requirements are met, no additional or unusual standardsshould be imposed for architecturally-integrated turbines and/or those indense environments.

Source: Watson, S.J. "Predicting the Yield of Micro-Turbines in the Urban Roof-Top Environment." Centre for Renewable Energy Systems Technology,

Loughborough University, U.K. Presentation, March 2008.

AeroVironmentrooftop array



10. Potential of Structural or Electrical Failure:

Requiring code compliance andmanufacturer drawings shouldsufficiently balance the public andprivate needs for an installation to besafe, practical, reliable, and affordable.

Wind turbines are professionallyengineered structures and are designedto withstand decades of near-constantoperation (see "Setback Distances andHeight" p. 8). They shut downautomatically during utility outages inorder to protect utility line workers, andwill not energize a dead power line.They are also equipped with manual andautomatic over-speed protection devicesthat keep the turbine operating in acontrolled range of speeds. Because ofthese and other factors, mechanicalfailures are very rare, especially thosethat would have an impact onsurrounding areas.

But as a precaution, just as for anyother allowed structure, the applicant

should submit to the zoning board a linedrawing of the electrical components, as supplied by the manufacturer, insufficient detail to allow for adetermination that the manner ofinstallation conforms to the NationalElectrical Code. Doing so also serves to demonstrate that the installer andmanufacturer are engaged in anevaluation of the suitability of the site.

Though rare, some zoning boardsrequire an engineering analysis of a tower and its foundation, but this is a very costly and often redundantmeasure. Even more rare is therequirement of an engineer's "wetstamp," which is a from-scratchcalculation performed by a structuralengineer of the tower's integrity. Such a study can cost thousands of dollarsand serves only to duplicate work thatthe manufacturer originally performedas a prerequisite for securing liabilityinsurance.

"Renewable energyequipment has becomemore reliable andeconomical, andinstallation standardsare more professional." - American PlanningAssociation, 2004.10

15

10 "Policy Guide on Energy." American PlanningAssociation, April 2004.http://www.planning.org/policyguides/pdf/Energy.pdf

Bergey WindPower blade testing

Proven Energy, Ltd. manufacturing facility in Scotland, UK

A small wind turbine can in fact be one of

the more aestheticallypleasing features in a city.

Rooftop heating andventilation systems,antennas, and other

structures found in urbanenvironments usuallyreduce any aesthetic

impacts from small windturbines in comparison.

16

11. Soil Studies:

Wind turbine foundations face forcesthat are not unlike those seen in light-pole or flag-pole foundations, but for the same height, wind turbine towersgenerally experience higher forces atthe very top of the tower. The windturbine foundation therefore plays animportant role in an installation, as does the soil in which it is installed.

As standard practice, manufacturersengineer foundations for "worst-case"scenarios by assessing soil conditionsbased on U.S. Geological Survey soilmaps, core samples, studies from theNational Resource Conservation Service,or other resources. For "abnormal" soilsconsisting of rock, gravel, sand, peat or water-saturated earth/muck, etc., a manufacturer or local professionalengineer conducts a tailored, project-specific soil review and often designs a custom foundation for the site. The installer always confirms with the manufacturer or an independentprofessional engineer that the site's soil conditions meet minimum standardsas specified by the tower manufacturer,and that the tower is designed to localengineering standards (which vary byjurisdiction). For decades this haseffectively ensured safe, durableinstallations while maintaining theiraffordability.

These built-in safeguards make formalsite soil analyses unnecessary forresidential-scale (20kW or smaller)turbines and avoid the need for specialstudies and designs that can exceed the cost of the foundation itself. Forexample, a foundation designed for a"worst case" scenario might require50% more concrete than that foranother, similar structure. Assumingthis fortified foundation also costs 50%more, an installation for a residentialturbine normally costing, say, $4,000,would increase to $6,000. This isexpensive, but a relatively small shareof the total cost of the system.However, a foundation 50% more robust(and expensive) for a turbine largerthan 20kW, where the foundation mightnormally cost $30,000, would now cost$45,000 - an increase of $15,000. Atthis point, a professional engineer's "wet stamp" based off a site-specificgeotechnical study is now the besteconomic option for achieving the same, safe ends.

The best practice would be to require an engineer's wet stamp and a soilanalysis for turbines greater than 20kW,but allow "worst-case" foundations(already the industry's standardpractice) for turbines any smaller. This would ensure quality, secure, and affordable installations.

Northern Power 100kW turbine

Entegrity Wind Systems50kW turbine

in Quinter, Kansas



17

i. Shadow "Flicker":

Under very specific circumstances, lowsunlight passing through the movingrotor of a turbine can cast visibleshadows on the ground or on structures.This issue pertains almost exclusively(and similarly rarely) to large, utility-scale turbines because of their slower-moving blades. Shadows also depend on the time of day, day of year, andlatitude of the site's location.11

Small turbines are shorter, havenarrower blade profiles, and spin much faster than utility-scale turbines

so that any shadows become essentiallyinvisible at operating speeds. Turbines of all sizes are designed to startspinning only after a minimum windspeed has been attained, so chances are very slim that a small turbine willspin slowly enough to make shadowflicker a concern.

Furthermore, normal setback distancesdictated by property lines or soundrequirements mitigates, if not entirelyeliminates, this potential nuisance,especially at U.S. latitudes.

NO N-IS S U E S/"RE D HE R R I N G S"

The following are common misconceptions about small wind:

i. Shadow "Flicker"

ii. Fences/Attractive Nuisance

iii. Birds

iv. "Icing"

v. Electrical Signal Interference

vi. Lightning Strikes

vii. Stray Voltage

11 The possibility of shadow flicker affecting a givenlocation can be calculated very precisely. Seehttp://www.windpower.org/en/tour/env/shadow/shadowc.htm for a shadow flicker calculator.

Northern Power 100kW turbine

in Golden, Colorado

Bergey WindPower 10kW XLS

monopole turbinewith fence in Erie, PA

18

ii. Fences/Attractive Nuisance:

Some voice concern that a turbine could pose a temptation to unauthorizedclimbers and should be fenced off toprevent potential climbing-relatedinjuries. However, decades ofexperience and tens of thousands ofinstallations have shown thatunauthorized climbing is exceedinglyrare. A fence, which is itself climbable,can impose its own attractive andaesthetic nuisance and in the process do little more than create false, negativeimpressions about renewable energy.

Furthermore, for a turbine tower to bean "attractive nuisance" to the public, in most cases a potential climber wouldfirst have to trespass on privateproperty - a much more prevalent issueand one that should be dealt withseparately. Requiring fencing also places a burden on turbine ownersunlike any imposed on flagpoles, utilitytowers, or other common, climbablestructures.

Perhaps most detrimental of all,fences prevent access to the turbine in emergencies. Sometimes a turbinemust be shut down manually during storms or electrical problems, and

emergency shut-off switches are mostoften located at the base of the turbinetower. Utilities also require that theturbine be readily accessible to workersperforming routine or emergencymaintenance on power lines.

Instead, to prevent unauthorizedclimbing:

Remove climbing foot rungs on thelower 10 or 12 feet of a freestandingtower.

For lattice or guyed towers, fastensheets of metal or wood to the lowerpart of the tower to cover all hand - and foot-holds.

Display "Danger-High Voltage" or"Caution-Electrical Shock Hazard" signs to the sides of the tower. Of thethousands of freestanding utility high-line towers across the country, few, ifany, are policed or fenced, but they allare posted with such signs.

Utilities, tower manufacturers, and thesmall wind industry have successfullyemployed these techniques for decadesand are more effective deterrents thanany fence.



iii. Birds:

The most common - and mostexaggerated - misconception about both large and small turbines is thatthey are disproportionately harmful to bird and bat populations. Even thevastly larger, utility-scale wind farmsthat are grouped closely in large arraysaccount for less than 0.003% of allhuman-caused bird deaths.12 House cats and glass windows, by comparison,cause 10,000 times more bird deathsthan do wind turbines. No study hasbeen performed specifically to addressavian effects of small wind turbines, but because of their dispersed natureand small size, it can be inferred that

they have an even smaller impact thantheir larger counterparts.13

Environmental impact or avian migration studies should not be required for individual small windturbine installations. Are environmentalimpact studies required for every plateglass window or pet license? Small windturbines in fact offer a net benefit tolocal and global environments: theyemit no air pollutants, require no miningfor fuel nor water for cooling, and haveland use "footprints" of only a fewsquare feet.

iv. "Icing":

Like trees, street lamps, or otherstructures, turbines in cold climates can become covered in ice, which falls to the ground as it melts. But just as an airplane's wing must be de-iced inorder for it to fly, a turbine's blade mustbe free of ice in order to rotate at anysignificant speed. The weight andaerodynamic interference of ice buildupslows the blades' rotation to a near

stand-still, making any melting ice fallstraight downward rather than beingthrown from the blade.

To put this in further perspective, a 1998study calculated that the risk of personalor property damage from ice falling froma (large) turbine is lower than the risk ofbeing struck by lightning.14

19

12 "Environmental Impacts of Wind-Energy Projects."National Academy of Sciences, 2007.http://books.nap.edu/catalog.php?record_id=11935

13 Erickson, et.al, 2002. Summary of AnthropogenicCauses of Bird Mortality

14 Bossanyi, Morgan, and Siefert. "Assessment Of Safety Risks Arising From Wind Turbine Icing."Finland, April 1998.

Bergey WindPower1kw turbine

on telecommunicationsstation

in Bristol Bay, Alaska

20

v. Electrical Signal Interference:

Small wind turbine blades are madefrom materials that are "invisible" toradio frequency transmissions andcannot cause interference problems. In fact, small wind turbines are used by the U.S. Navy to power militarycommunications equipment.15

In the past, wind turbine blades weresometimes made of metal which didcreate unwanted radio or televisioninterference, but the industry has long

since abandoned the use of metalblades.

Any structure under 200 feet high - that is to say, any small wind turbine - is also too short to interfere with civilianor military radar. Radar usually does noteven scan for objects this close to theground because common land featuresat this height, like trees, would normallycause distorted, cluttered, or misleadingradar images.

15 Sagrillo, Mick. "Telecommunication Interference fromHome Wind Systems." AWEA Windletter, Volume 22,Issue 4, April 2003.

vi. Lightning Strikes:

Wind turbines do not attract lightning,so pose no threat to neighboringproperties.

Lightning is essentially the release ofpent-up static electricity that movesfrom a turbulent atmosphere to theground. Small wind turbines are"grounded," meaning that any staticelectricity on the tower or generator isdispersed into the ground, preventing a build-up that could invite lightningstrikes. As a result, even though smallwind turbine towers are made of metal(a conductor of electricity), by virtue oftheir grounding they are less susceptibleto lightning strikes than trees, whichcannot shed built-up static electricity.To a lightning bolt, a turbine is therefore

no more "appealing" than the grounditself.

However, lightning strikes are stillpossible, which is why small windturbines incorporate back-uptechnologies like surge and lightningarrestors (also known as silicon oxidevaristors) and metal oxide varistors,which are also used to protect homecomputers from electrical surges.Lightning strikes are never completelypreventable, but these industry-standard measures offer the bestprotection available to the owner of thewind system. Good practice in the windindustry includes grounding of all towersand guy wires, which significantlyreduces the chance of a lightning strike.

Proven Energy 6kW turbinepowering

telecommunicationsequipment

Small wind turbines are commonly used to power

communicationsequipment. They

will not causesignal interference.



vii. Stray Voltage:

This unusual phenomenon, primarilyaffecting farm livestock, is the result offaulty wiring on any number of electricalsystems (not just wind turbines) andeasily prevented by industry-standardpractices. It is also a strictly localizedissue that will not affect off-site partiesor properties.

For safety reasons, including tominimize lightning strikes (see above),nearly all types of electrical systems inthe U.S. are, at some point in thesystem, connected to the earth or"grounded." Electric current flowing inthe ground dissipates quickly as itmoves away from its source (much likesound from a wind turbine). Groundingalso allows power systems to detectequipment malfunctions andautomatically shut down before harming people or equipment.

If a system is not properly wired, thepoint(s) at which a system is groundedcan develop a small voltage (electricalpressure, essentially) that can pushcurrent through the earth and end upcontacting unintended objects. Hencethe name, "stray" voltage. Thisphenomenon is rare and primarilyaffects cattle, whose legs are far enoughapart to stand on two points wheredifferent voltage levels in the ground

exist. The cow may or may not feel this voltage difference, depending onthe level and duration of the exposure.

While the design of electrical systemmakes stray voltage possible, its actualoccurrence is the result of poorgrounding practices, improper orinadequate wiring, or deteriorated wireinsulation. Most small wind turbineinverters - those that are IEEE 1547 orUL1741 compliant - can detect faultygrounding and automatically shut downcurrent flow. Like solar photovoltaicinstallations that require "ground-faultcircuit interrupter" (GFCI) devices toprotect consumers from any strayvoltage, small wind turbines are alsoequipped with GFCI measures.

In other words, stray voltage is causedby problems on a particular customer'sside of the utility billing meter so is not a problem beyond the electrical systemof a particular home or farm. Nor canstray voltage move or be transferredfrom one property to another, since itis an "on-site" problem stemming fromelectricity distribution or wiring, notthe generation of electricity. The issuetherefore does not fall under thejurisdiction of zoning rules, which aredesigned to protect that which existsoutside a property line.

21

Permitted use? Accessory use? Or conditional use?

MA K I N G IT HA P P E N: BE S T

PR A C T I C E S A N D A MO D E L OR D I N A N C E

22

Anticipating, acknowledging, andunderstanding small wind turbines notonly reduces administrative burdens forzoning boards, but it lowers permittingtime and costs to the point where itmakes the project within the realm offinancial reason for the owner.Streamlining the permitting process isoften best achieved by listing small windturbines as a conditional or accessory use.

A Permitted Use permit allows a small wind system by default, providedit meets applicable design standards,and is applied commonly to flag poles,church steeples, and grain silos. Apermitted use indicates that ajustification has been established for the structure's standing eligibility. Assuch, no public hearings are requiredand a permit can be obtained quickly.Permitted uses are frequently found in rural areas where potential impacts are minimal.

A Special/Conditional Use permitallows an installation under certainconditions identified in the statute. This option usually requires a moredetailed description of the project fromthe applicant and often involves a publichearing. A hearing can disadvantageboth the zoning board and potentialowner, however, since each applicationmust be decided on a case-by-casebasis and educational efforts must beginfrom scratch. Many documentedexperiences show that this process cancost potential small-turbine ownersthousands of dollars and take hundredsof hours to accomplish, if at all.

A Site Plan Review allows an installationafter a physical inspection of the proposedproject site and surroundings. Thisoption is usually accompanied by aspecial/conditional use permit.

An Accessory Use of land is one that is subordinate, incidental to, andcustomarily found in connection with the principal use allowed on a lot by the zoning law. A garage, for example,is incidental to the principal use of a lotas a single-family residence andcustomarily found on a single-family lot.For small wind, this normally appears inagricultural, commercial, or industrialsettings where energy produced by aturbine is instrumental in accomplishinga main function of the property's use.Importantly, allowing small wind as anaccessory use avoids the need forspecial use permits for future applications.

A Variance is a modification or waiverof certain zoning requirements for apermitted use structure. For a smallwind turbine, this usually means makingan exception for setback distances orheight limits. Variances are issued whenprevailing regulations cause anunreasonable "burden" on the propertyowner and usually require publichearings, making a variance for a smallwind turbine very difficult to obtain.

An Overlay Zone supersedes prevailingzoning rules in certain geographies. Ajurisdiction may establish an overlayzone to indicate that a certain area isappropriate for small wind turbines orother renewable energy technologies. This expedites the permitting process, butplanners must be careful that this strategydoes not overly limit areas outside of zone.


Education may be the single mostimportant factor instreamlining thepermitting process.



Recommendations

23

See also AWEA's "Policies to Promote Small Wind Turbines: A Policy Menu for Stateand Local Governments" 2008. www.awea.org/smallwind

FOR STATE AND LOCAL GOVERNMENTS

Create regulations in advance ofpublic inquiries.

Recognize that small wind systemshave very different impacts than large,utility-scale turbines and requirecompletely separate siting considerations.In terms of impact, a residential-scalewind turbine has more in common witha solar photovoltaic panel than it doeswith a utility-scale wind turbine.

Treat small turbines as improvementsto an individual property, not ascommercial or industrial projects.

Promote consistency among fees,requirements, and procedures acrossjurisdictions. Doing so reducescomplications and inefficiencies forinstallers, applicants, and governments.

Experience your own permittingprocess firsthand: Mayors or governorsmay want to try to obtain a permit for aturbine for installation at city hall or thegovernor's mansion.

Educate permitting staff, zoningofficials, and governments about smallwind. Share with them this and otherpublications listed in the “Contributing & Additional Resources” section (p. 28).

Base code compliance on a commonset of standards (IEEE 1547 and UL1741) that ensure the reliability andsafety of a turbine's electrical

components, as installed according tothe National Electric Code. But alsoensure the grid interconnection processformed around these standards is well-founded. See "Freeing the Grid" 2007report.16

Keep in mind the public benefitsof small wind:• Increased property values• Increased in-state electricity

generation• Reduced pressure on the utility grid• Increased local energy independence• Increased security/can provide back-

up power to strategic applications like police stations or hospitals for "hazard mitigation" purposes17

• Reduced dependence on polluting forms of electricity

• Enhanced reliability and power quality of the electricity grid

• Reduced peak power demands• Diversified state energy supply

portfolio• Displaced pollutants from traditional

forms of energy• Increased consumer choice• Increased visible indicators of

community support for clean energy • Increased regional economic growth.

Manufacturers ask, "In which state should I base my operations?" The answer is: "States with the best policies."



23

16 http://www.newenergychoices.org/uploads/FreeingTheGrid2007_report.pdf

17 Sandia National Laboratory has begun development of strategic Energy Surety Microgridshttp://www.sandia.gov/news/resources/releases/2006/microgrid.html

Proven Energy2.5kW turbine

Additional Options

Creating incentives: Beyondremoving obstacles and enablinginstallations to occur on their own, a state or community can createincentives to make small wind turbinesa more attractive option for individualsand businesses. These include:

• Reducing, or waiving, permit and development impact fees

• Fast tracking review periods• Permitting small wind systems by-

right in some or all districts to avoid costly and contentious hearings

• Awarding points in performance-based review and green building programs

• Awarding density bonuses for developments that reduce or generate >50% of energy demand on site

Protecting windy areas: A town or state might also anticipate futureinstallations by protecting areas in the community that have exceptionally good wind resources. Local dealers and installers are trained in windresource assessment and can helplocate these areas.

24

Federal preemption of home rule for

cell phone towersenabled the industry

to expanddramatically, which

would not have likelyoccurred without it.Fair zoning for smallwind turbines could

bring similareconomic benefits.

SPECIFICALLY FOR LOCAL GOVERNMENTS

Implement a stand-alone ordinancespecifically to address small windturbines (see “Appendix,” p. 30).

Expedite processing times byconsolidating a jurisdiction's permitreview process to as few departmentsor agencies as possible.

Encourage permit applicants tonotify their neighbors of their proposedinstallation.

Educate permit department staffabout small wind to ensure safe, fair,expedited, and less costly installations.Demonstration projects offer anexcellent educational opportunity.Contact a local dealer to locate a nearby installation.

Coordinate with neighboring zoningjurisdictions to establish consistentpractices, rate schedules, etc. This canbe done through Regional Councils ofGovernment or independently, and willsave time and money for the town,turbine owner, and installer.

In the absence of pertinent statelegislation, local governments can

overrule neighborhood covenants thatunnecessarily restrict renewable energy.

Initiate a Community Energy Plan toassess the renewable energy potentialof a locality and devise strategies formeeting energy goals. (This may includeimplementing a renewable energyoverlay zone - see last paragraph.)

Consider establishing renewableenergy overlay zones.18 This policy would be ideally situated in a localgovernment's Comprehensive Plan(or equivalent) that describes a town'sfuture objectives and strategies.

Without proper care however, arenewable energy overlay zone couldinadvertently prevent small windinstallations outside the zone wherethey may be perfectly acceptable. As a precaution, make the zone sufficientlylarge and create or maintain a provisionthat allows small turbines (and otherrenewables) outside of the zone. It may in fact be easier to identify anyareas not suitable for such installationsand make distributed renewables anallowed use elsewhere by default.



25

SPECIFICALLY FOR STATE GOVERNMENTS

State government action can veryeffectively streamline the permittingprocess by standardizing permittingrequirements across local jurisdictions.Consider implementing the following:

Establish statewide zoning standardsfor renewable energy systems. Oregonstate law, for example, requires citiesand counties to list small wind turbinesas an allowed use on any land zoned foragricultural or forest use, pending theymeet certain conditions.19

Provide educational opportunities forplanners and zoning officials.

Preempt private covenant restrictionsthat prohibit or restrict small wind andother distributed renewable energysystems on aesthetic grounds.

Follow precedent set by over 10states that prohibit the unreasonablerestriction of renewable, distributedenergy use within planned communities.20

These laws are, unfortunately, not oftenpublicly known and so are violatedfrequently. Therefore accompany anysuch rules with educational outreachefforts. The Community AssociationsInstitute (CAI) and its chapters, forexample, could provide a platform uponwhich to educate community associationsand homeowners about their rights andresponsibilities under the law.

Preempt local zoning jurisdictions.Though likely a politically sensitivemeasure, the most effective way toenable small wind installations is for a state to preempt "home rule"jurisdiction of local zoning codes to allow the (conditional), statewideinstallation of small wind turbines under a single umbrella policy. Severalprecedents demonstrate that doing so helps consumers, communities,and industry. Home rule was preempted on a national scale for cell phone towers (Telecommunications Act of1996) and was far stronger than whatwould be needed for small windsystems. This federal preemptionsucceeded in passing largely because of the perceived national benefit that wireless communications would bring.Advocates argue that the same couldsurely be said of renewable energy. The states of Wisconsin,21 Nevada,22

Vermont,23 Michigan,24 Oregon,19

New Hampshire,25 and California26

have all agreed and enacted laws that preempt home rule specificallyto prevent undue prohibitions of small wind systems in their states. As a direct consequence, these states enjoymore in-state (non-imported) energygeneration and other environmental and economic benefits that small windoffers.

18 Example renewable energy overlay zone: KlickitatCounty, WA. Klickitat County Planning Department:http://www.klickitatcounty.org/Planning/filesHtml/200408-EOZ-EIS/06-01-map-EOZ.pdf

19 Northwest Sustainable Energy for EconomicDevelopment. Community Wind: An OregonGuidebook. Report for the Energy Trust of Oregon. (No date given). p. 41-42. http://www.energytrust.org/RR/wind/community/forms_request.html.

20 These states include Arizona, California, Colorado,Florida, Hawaii, Indiana, Iowa, Massachusetts, Nevada,Utah, and Wisconsin.

21 1993. Wisconsin statute 66.0401. Wisconsin's smallwind zoning ordinance http://renewwisconsin.org/wind/Toolbox-Zoning/Small%20Wind%20System%20Model%20Ordinance%2012-06.pdf. Available fromhttp://renewwisconsin.org/wind/windtoolbox.html

22 Nevada State Legislature NRS 278.0208 http://www.leg.state.nv.us/Nrs/NRS-278.html #NRS278Sec0208

23 Vermont Statute Title 30 Sections 219(a) and 219(b), and 248 amended with bill 209 from 2008http://www.leg.state.vt.us/statutes/statutes2.htm

24 Michigan Siting Guidelines for Wind Energy Systemshttp://www.michigan.gov/documents/Wind_and_Solar_Siting_Guidlines_Draft_5_96872_7.pdf

25 New Hampshire House Bill 310 http://www.gencourt.state.nh.us/legislation/2008/HB0310.html

26 California AB 1207 http://info.sen.ca.gov/pub/01-02/bill/asm/ab_1201-1250/ab_1207_bill_ 20011007 _chaptered.html

Northern Power 100kW turbine in Kotzebue, AK

28 http://lomaprieta.sierraclub.org/global_warming/ pv_permit_study.htm Damian Pitt, "Taking the Red Tape outof Green Power." Network for New Energy Choices, September 2008. In Vermont, permitting is free for all grid-tiedrenewables statewide under the Certificate of Public Good application process.

26

PERMITTING PROCESS: TIME & COST

Even the best zoning ordinances are often thwarted by overly expensive andlengthy requirements for obtaining a permit. We recommend the following:

Permitted orAccessory Use

Conditional Use

The permit shouldbe granted upontimely review ofthe application, notexceeding 30 days.

Hearings are usually required to determinewhether the installation meets the "conditions"upon which permission is contingent. Any hearingsshould be held within 30 days of the applicationdate. Promptly thereafter the zoning board shouldnotify the applicant whether or not the permit hasbeen granted and what conditions are necessary to satisfy the permit.

If an application must be approved by a town or county board after being passedthrough a planning committee, a reasonable timeframe is 60 days or less.

Total permitting costs should be commensurate with any other non-commercial end-use objects or structures, and should reflect the cost of administering the permit and any associated reviews or inspections.

Most localities levy fees at a flat rate, but some occasionally use a"valuation method" that calculates the fee as a percentage of the system'scost. However, there is little, if any, correlation between the size of aturbine and the costs and time required for its inspection and reviewprocess. Flat fees are therefore more practical and desirable.

Furthermore, the valuation method inadvertently discourages largersystems and their associated public benefits. Paradoxically, under thisfee structure, the more a turbine owner wants to contribute to thecommunity, the more difficult it becomes to do so.

Some localities have implemented a tiered fee structure to distinguishbetween residential and commercial uses. Still others have waivedpermitting fees entirely for on-site renewable generators, sending apowerful message of local government support for clean energy and their associated community benefits. Some communities that havewaived permitting fees for on-site renewables include Tucson (AZ), San Diego (CA), Fairfax (CA), and the entire state of Vermont.28

Tim

eC

ost

s

Vermont's Net-Metering

Permitting Process Vermont's permitting

process for net metered(thus, grid-tied) small

wind turbines isstraightforward andsimple: A customer

applies for a Certificateof Public Good (CPG),

at no cost, from theVermont Public Service

Board (PSB) anddistributes the

application to adjacentlandowners, the townplanning committee,

and select board, localutility, and several

state agencies. Barringany objections within

30 days, the CPGapplication is generally

approved and is exemptfrom additional state or

local zoning regulations.Should there be any

public objections,witnesses for each

party testify at a publichearing where the PSBmakes a final decision.

Windward EngineeringEndurance 4.25kW turbine

in Arkport, NY



27



27

CO N C L U S I O N

Good zoning for small wind is important, achievable, and good publicpolicy.

Planners and zoning officials are in a unique and powerful position to helprenewable energy and those who rely on it. Of all the challenges consumers and the industry face to deliver the benefits of clean, on-site power generation, the permitting process can be the most severe. But fortunately, a remedy isavailable and implementing it can come at a net benefit to the community at large.

By understanding the issues and identifying a variety of potential solutions,renewable energy will be able to play a more vibrant part in American communities.

Entegrity Wind Systems 50kW turbine

CO N T R I B U T I N G A N D

AD D I T I O N A L RE S O U R C E S

28

"Policy Guide on Energy." American Planning Association, April 2004.http://www.planning.org/policyguides/pdf/Energy.pdf

"Wind Energy Siting Handbook" for large turbines. American Wind EnergyAssociation, 2008. http://www.awea.org/sitinghandbook/

"Small-Wind Policy Menu for State and Local Governments." American Wind Energy Association, 2008. www.awea.org/smallwind.

Asmus, Peter; K. Fullerton; S. Peterson; H. Rhoads-Weaver; A. Shutak; and S.Savitt Schwartz. "Permitting Small Wind Turbines: A Handbook - Learning from the California Experience." September 2003.www.awea.org/smallwind/documents/permitting.pdf

Beltrone and Constanti; U.S. Department of Energy / Energy Efficiency andRenewable Energy; National Association of Counties; National Renewable EnergyLaboratory. "Wind Energy Guide for County Commissioners." October 2006.http://www.nrel.gov/wind/pdfs/40403.pdf

Daniels, Katherine. The Role of Government Agencies in the Approval Process.Report for the New York State Energy Research and Development Authority's Small Wind Toolkit. 2005.

Green, Jim and Sagrillo, Mick. "Zoning for Distributed Wind Power: Breaking Down Barriers." U.S. Department of Energy/National Renewable Energy Laboratory, Conference Paper NREL/CP-500-38167. August 2005.http://www.nrel.gov/docs/fy05osti/38167.pdf

Phillips, et.al. "Micro-Wind Turbines in Urban Environments: An assessment." BRE Press, 2007. www.brebookshop.com/details.jsp?id=287567

Pitt, Damian. "Taking the Red Tape out of Green Power." Network for New Energy Choices, September 2008.

RENEW Wisconsin Small Wind Toolbox. Web site.http://renewwisconsin.org/wind/windtoolbox.html

Rogers, et al. "Wind Turbine Acoustic Noise." Renewable Energy ResearchLaboratory, University of Massachusetts at Amherst. January 2006.http://ceere.org/rerl/publications/whitepapers/Wind_Turbine_Acoustic_Noise_Rev2006.pdf

Abundant RenewableEnergy (ARE) 110

2.5kW turbinein Newberg, Oregon



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Rhoads-Weaver, Heather; P. Asmus; S. Savitt Schwartz; C. MacIntyre; M.Gluckman; and A. Healey, Canadian Wind Energy Association. "Small Wind Sitingand Zoning Study: Development of Siting Guidelines and a Model Zoning By-Law for Small Wind Turbines." April 2006.www.smallwindenergy.ca/downloads/Small_Wind_Siting_Guidelines.pdf

Stronberg, Joel. "Common Sense: Making the Transition to a Sustainable EnergyEconomy." American Solar Energy Society. May, 2005.http://www.ases.org/programs/policy/common_sense.pdf

Sweatt-Essick, et al. "Land Use Compatibility and Airports: A Guide for EffectiveLand Use Planning," Federal Aviation Administration. N.d.http://www.faa.gov/about/office_org/headquarters_offices/aep/planning_toolkit/media/III.B.pdf

U.S. Department of Energy / National Renewable Energy Laboratory. "DistributedEnergy Interconnection Procedures Best Practices for Consideration." March, 2007.http://www1.eere.energy.gov/solar/pdfs/doe_interconnection_best_practices.pdf

www.stray-voltage.com. For in-depth information and a tutorial on stray voltage.

Articles written for the American Wind Energy Association's Windletter by MickSagrillo, Sagrillo Light & Power, available at http://www.awea.org/smallwind/sagrillo/index.html and/or RENEW Wisconsin's Small Wind Toolbox athttp://renewwisconsin.org/wind/windtoolbox.html:



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AbandonmentAesthetics Barriers to small windsystemsCode ComplianceConsiderations for windturbine towersFAAFencesIce sheddingKeeping hearings undercontrolNet metering and zoningPayback

Perceptions and localconcernsProperty valuesProtecting your rightRules of thumb for tower heightsSetbacksShadow flicker andstrobingSiting towers and heightsfor small wind turbines Sound Stray VoltageTall tower economics

Tower cost versus power Tower height versuspowerTower engineering forbuilding permitsTower heights and zoninghearingsTower StylesTowers and EngineeringTrials and tribulationsTV and communicationsinterferenceVisibilityZoning obstacles

A special thanks to Erica Heller of Clarion Associates, Mick Sagrillo ofSagrillo Power & Light, and Jim Green of the National Renewable EnergyLaboratory for their expertise and contributions to this document.


in Quinter, Kansas

Writing Small Wind into Existing Laws

APPENDIX: AWEA MO D E L

SM A L L WI N D ZO N I N G OR D I N A N C E

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This model zoning ordinance is used by many localities across the country and aims to strike an equitable balance among the interests of the consumer, industry, and community. It is the product of lessons learned over decades ofindustry experience and tens of thousands of installations.

AWEA MODEL ZONING ORDINANCE

Use Regulation for Small Wind Energy Conversion Systems

Section 1: PurposeIt is the purpose of this regulation to allow the safe, effective and efficient use of small wind energysystems installed to reduce the on-site consumption of utility supplied electricity.

Section 2: Findings The [city or county] finds that wind energy is an abundant, renewable, and nonpolluting energyresource and that its conversion to electricity will reduce our dependence on nonrenewable energyresources and decrease the air and water pollution that results from the use of conventional energysources. Distributed small wind energy systems will also enhance the reliability and power quality ofthe power grid, reduce peak power demands, and help diversify the State's energy supply portfolio.Small wind systems also make the electricity supply market more competitive by promotingcustomer choice.

The State of __________ has enacted a number of laws and programs to encourage the use ofsmall-scale renewable energy systems including rebates, net metering, property tax exemptions,and solar easements. [As appropriate] However, many existing zoning ordinances contain restrictions,which while not intended to discourage the installation of small wind turbines, that can substantiallyincrease the time and costs required to obtain necessary construction permits.

Therefore, we find that it is necessary to standardize and streamline the proper issuance of buildingpermits for small wind energy systems so that this clean, renewable energy resource can be utilizedin a cost-effective and timely manner.

Section 3: DefinitionsSmall Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower,and associated control or conversion electronics, which has a rated capacity of not more than 100kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility power.

Tower Height: The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

Total Extended Height: The height above grade to a blade tip at its highest point of travel.

Section 4: Allowed UseSmall wind energy systems shall be allowed as an accessory use in all zoning districts where structuresof any sort are allowed; subject to the requirements of Section 5 below. Small wind energy systemsnot meeting the performance standards of Section 5 may be allowed by conditional use permit.

See p. 4 for a sample ofcities, counties, and statesthat have enacted zoning

laws for small wind systems.



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Section 5: Use Standards for Small Wind Electric Conversion System

5.01Setback: The base of the tower shall be set back from all property lines, public right-of-ways, andpublic utility lines a distance equal to the total extended height. Turbines shall be allowed closer to aproperty line than its total extended height if the abutting property owner(s) grants written permissionand the installation poses no interference with public utility lines or public road and rail right-of-ways.

5.02Tower Height: So long as the total extended height meets sound and set-back requirements, thereshall be no specific height limitation, except as imposed by Federal Aviation Administration regulationsas stated in 5.07.

5.03Sound: Sound produced by the turbine under normal operating conditions, as measured at theproperty line, shall not exceed the definition of nuisance noise. Sound levels, however, may be exceededduring short-term events out of anyone's control such as utility outages and/or severe wind storms.

5.04Wind Turbine Equipment: Small wind turbines must have been approved under the state publicbenefits program or any other small wind certification program recognized by the American WindEnergy Association.

5.05Requirement for Engineered Drawings: Building permit applications for small wind energysystems shall be accompanied by standard drawings of the wind turbine structure and stampedengineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.Wet stamps shall not be required.

5.06Soil Studies: For standard soil conditions (not including gravel, sand, or muck), foundations developedby the wind turbine manufacturer shall be acceptable for turbine installations of 20kW or less and willnot require project-specific soils studies or an engineer's wet stamp.

5.07Compliance with FAA Regulations: No WEC shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidanceon airspace protection.

5.08Compliance with National Electric Code: Building permit applications for small wind energysystems shall be accompanied by a line drawing of the electrical components, as supplied by themanufacturer, in sufficient detail to allow for a determination that the manner of installation conformsto the National Electrical Code.

5.09Utility Notification: No small wind energy system shall be installed until evidence has been giventhat the utility company has been informed of the customer's intent to install an interconnectedcustomer-owned generator. Off-grid systems shall be exempt from this requirement.

5.10 Insurance: Additional insurance beyond homeowners' coverage shall not be required.

5.11

Abandonment: If a wind turbine is inoperable for six consecutive months the owner shall be notifiedthat they must, within six months of receiving the notice, restore their system to operating condition.If the owner(s) fails to restore their system to operating condition within the six-month time frame,then the owner shall be required, at his expense, to remove the wind turbine from the tower for safetyreasons. The tower then would be subject to the Public Nuisance provisions of the zoning code.

5.12Signage: All signs, other than the manufacturer's or installer's identification, appropriate warningsigns, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

5.13 Lighting: No illumination of the turbine or tower shall be allowed unless required by the FAA.

5.14Access: Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed toprevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastenedto the bottom tower section such that it cannot readily be climbed.

For more information contact Ron Stimmel at [email protected].

NOTES



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NOTES

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Documents

In the Public Interest - NJ Clean Energy Meeting Postings/Wind/In the... · In the Public Interest How and Why to Permit for Small Wind Systems A Guide for State and Local Governments