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)