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State & Local Regulation of Commercial-Scale Wind Siting

State & Local Regulation of 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

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State & Local Regulation of Commercial-Scale Wind Siting

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  1. State & Local Regulationof Commercial-Scale Wind Siting James McElfish Environmental Law Institute

  2. 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

  3. Regulation of Wind Siting >5 MW Local Siting Regulation Local and State Regulation Local or State (</> size; or applicant choice) State Siting Regulation Only

  4. 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.

  5. 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).

  6. 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

  7. 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 Subject of Regulation

  8. 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)

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