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State & Local Regulationof Commercial-Scale
Wind Siting
James McElfish
Environmental Law Institute
Local Government Role
• Local governments exercise some authority over commercial-scale wind facility siting in 48 of the 50 states
• About a fourth of the states provide for exclusive state regulation or for dual state-local regulation only above a certain project size, and local regulation below that size
Regulation of Wind Siting >5 MW
Local Siting Regulation
Local and State Regulation
Local or State (</> size; or applicant choice)
State Siting Regulation Only
Size of Projects
• Commercial-scale wind projects are large land uses in comparison with other uses regulated by local governments.
• Total footprint of projects ranged from 9-100 hectares per megawatt (NREL 2009)
• 80 percent of projects 10-50 ha/MW.
• Thus most projects are distributed across land areas of more than 2,500 acres.
Local standards
• Local regulation often requires “learning on the job.”
• Moratoria sometimes used.
• Many states and institutions have adopted “model ordinances” to assist local governments.
• Some states have prescribed standards for local governments (compare MN, WI).
State Standards
• State regulation is evolving
• Examples– Power New York Act of 2011– Virginia Permit By Rule 2010– Wisconsin PSC regulations suspended 2011– Ohio Wind Rules 2009
Subject of Regulation
• Facility Location• Visual Impacts• Safety Requirements• Setbacks• Wildlife & Habitat Pr.• Noise• Shadow Flicker
• Electromagnetic Interf• Decommissioning• Financial Assurance• Other – roads,
erosion, local impact, maintenance, complaints
www.eli.org
• State Enabling Legislation for Commercial-Scale Wind Power Siting and the Local Government Role (2011)
• Siting Wind Facilities on State-Owned Lands and Waters (2011)