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Bill would allow communities to establish wind turbine setbacks
Credit: By Clay Barbour, Wisconsin State Journal, www.htrnews.com 24 January 2012 ~~
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MADISON – The long stalemate over windmill siting rules could become a moot point if the Legislature approves a new bill that keeps the power over turbine placement in the hands of local officials.
Sen. Frank Lasee, R-Ledgeview, recently introduced a bill that would allow officials in cities, villages, towns and counties to establish the minimum distance between a wind turbine and a home – even if those rules are more restrictive than any the state tries to enact.
“Local communities should be able to create their own rules for public safety,” Lasee said in a news release. “We shouldn’t leave it to bureaucrats in Madison to make these decisions that affect home values and people’s lives.”
New statewide wind siting rules, more than a year in the making, were suspended just before going into effect last March. Lawmakers sent those rules, which dealt with wind farms of less than 100 megawatts, back to the state Public Service Commission, where they have stayed as officials worked to reach a compromise between industry supporters and their critics.
“The whole reason for statewide rules is to have consistency and regulatory certainty,” said Michael Vickerman, executive director of RENEW Wisconsin, an advocacy group focused on renewable energy. “This bill, if it passes, would essentially say the state is off limits to wind power.”
The rules being worked on by the PSC would have required wind turbines have a setback from the nearest property line of 1.1 times the height of the turbine, or roughly 450 feet for an average windmill. The rules also required turbines be at least 1,250 feet away from the nearest residence.
Lasee’s bill would supersede the rules in all areas where they conflict, namely placing the power to determine setbacks in the hands of local governments. It also would change the rules dealing with wind projects larger than 100 megawatts, forcing the PSC to respect the rules established by local officials.
If no new wind siting bills are adopted by March, the rules stuck in PSC will go into effect.
Rick Stadelman, executive director of Wisconsin Towns Association, said local governments need to be responsible for protecting the public health and welfare of their communities.
“Arbitrary state standards limiting setbacks and noise levels of wind turbines take away the authority of local officials to protect their community,” he said. “One size does not fit all. This bill allows local officials to exercise local control to protect the interest of their community.”
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