Commercial Wind Energy Conversion Systems Permitting

Commercial Wind Energy Conversion Systems Ordinance AND AMENDMENTS

• An ordinance that establishes guidelines for the effective and efficient development and use of large-scale Commercial Wind Energy Conversion Systems (C-WECS) projects by regulating and requiring a C-WECS Special Use Permit for the siting, design, construction, operation, and decommissioning of these wind energy conversion systems (WECS) to protect the public health, safety, and general welfare of teh County's residents and businesses.

SETBACK REQUIREMENTS 

Non-participating Property Lines shall mean the legal boundary line defining any parcel of land where the landowner(s) of the parcel has not entered into a voluntary agreement with the Applicant, Operator, and/or Owner regarding the C-WECS project regardless of the presence of a residence.

The above table is an excerpt from Ordinance #56 as amended by Ordinance #67, Ordinance #72, and Ordinance #79.

BACKGROUND

Ordinance #56 has been amended three (3) times with the adoption of Ordinance #67, Ordinance #72, and Ordinance #79.  Each of the ordinances are available below including the changes.  A compehensive overview of the regulations can be downloaded below under the "Effective Regulations" category.

EFFECTIVE REGULATIONS (August 8, 2024)

• Effective Regulations - Download
  • As a result of the adoption of Ordinance #79, Ordinance #72, Ordinance #67, and Ordinance #56.

AMENDMENTS TO ORDINANCE #56

• Ordinance #79
  • AMENDMENT #1 – Section 5.2.D
    • On page 6, to repeal the following language from Section 5.2.D:
      • Project details, including the name of the project, anticipated number, generating capacity, tower height, and rotor diameter of the turbines must be provided with the Development Plan. The final number, generating capacity, tower height, and rotor diameter must be provided in the Final Development Plan during the C-WECS Building Permit application process.
    • On page 6, to replace with the following:
      • Project details, including the name of the project, the final number, generating capacity, tower height, rotor diameter of the turbines, and the Safety Instruction Rescue and Evacuation Plan (SIREP) from the C-WECS manufacturer must be provided in the Development Plan. The final number, generating capacity, tower height, and rotor diameter of the turbines, and SIREP from the C-WECS manufacturer must be provided in the Final Development Plan during the C-WECS Building Permit application process.
  • AMENDMENT #2 – Section 6.1.A
    • On page 10, Section 6.1.A, in the “Wind Turbines” table to add “Non-participating Property Lines” to the “Protected Area” column and add “3,280 feet” to the “Turbine Set Back Requirement” column associated with the “Non-participating Property Lines” protected area. 
  • AMENDMENT #3 – Section 6.1.A
    • On page 10, Section 6.1.A, in the “Wind Turbines” table to repeal the “Adjacent Property Lines” in the “Protected Area” column and replace with “Adjacent Participating Property Lines“ with the “Turbine Set Back Requirement” column associated with the “Adjacent Participating Property Lines” to be “110% of total height.”
  • AMENDMENT #4 – Section 6.1.A
    • On page 10, Section 6.1.A, in the “Wind Tubines” table to repeal “Occupied Residence” in the “Protected Area” column and replace with “Participating Occupied Residence” with the “Turbine Set Back Requirement” column associated with the “Participating Occupied Residence” to be “2,500 feet.”
  • AMENDMENT #5 – Section 6.1.A
    • On page 10, Section 6.1.A, below the “Wind Tubines” table to add the following definition:
      • Non-participating Property Lines shall mean the legal boundary line defining any parcel of land where the landowner(s) of the parcel has not entered into a voluntary agreement with the Applicant, Operator, and/or Owner regarding the C-WECS project regardless of the presence of a residence.
  • AMENDMENT #6 – Section 6.2
    • On page 11, to repeal the following language from Section 6.2:
      • Setback Waivers. Property owners and municipalities may request a waiver from the setbacks as established in this Ordinance, except for the following protected areas: airports, cemeteries, public conservation areas, and public road rights-of-way.
    • On page 11, to replace with the following:
      • Setback Waivers. Property owners and municipalities may request a waiver from the setbacks as established in this ordinance, except for the following protected areas: airports, cemeteries, public conservation areas, adjacent participating property lines, and public road rights-of-way. A waiver for a participating occupied residence may not be less than 1,640 feet.
  • AMENDMENT #7 – Section 7
    • On page 12, to repeal the following language from Section 7:
      • A WECS shall be considered a discontinued use after one (1) year without energy production, unless a plan is developed and submitted to the CED Director outlining the steps and schedule for returning the WECS to service. Discontinued use does not apply to the pre-construction or construction period and shall be measured from the initial commercial energy production and operation of the C-WECS project. All C-WECS and accessory facilities shall be removed to a depth of four (4) feet below ground level within one (1) year of discontinuation of use.
    • On page 12, to replace with the following:
      • A WECS shall be considered a discontinued use after one (1) year without energy production. The owner/operator will have one (1) year following this determination to decommission and remove the WECS at the owner’s expense. If the WECS is not removed during the one (1) year period, the County may pursue legal action against the owner. Discontinued use does not apply to the pre-construction or construction period and shall be measured from the initial commercial energy production and operation of the C-WECS project. All C-WECS and accessory facilities shall be removed completely to include all concrete, steel, rebar, wires, and cable below ground within one (1) year of discontinuation of use.  
  • AMENDMENT #8 – Section 7.1.C
    • On page 12, to repeal the following language from Section 7.1.C:
      • Cash, an irrevocable letter of credit, or a performance bond running in favor of the County in an amount no less than the total estimated net removal/restoration costs as determined by said report. Said security must be in place at the time the project is completed, and must remain in effect until decommissioning is completed. No such security shall be cancelable without notice to the Board of Supervisors. Each year, the C-WECS Special Use Permit holder shall provide proof that such security is in effect at the same time as the annual report to the County Assessor is made for purposes of the real estate tax assessment.
    • On page 12, to replace with the following:
      • Cash, an irrevocable letter of credit, or a performance bond running in favor of the County in an amount no less than 125% of the total estimate net removal/restoration costs as determined by said report. Said security must be in place at the time the project is completed, and must remain in effect until decommissioning is completed. No such security shall be cancelable without notice to the Board of Supervisors. Each year, the C-WECS Special Use Permit Holder shall provide proof that such security is in effect at the same time as the annual report to the County Assessor is made for purposes of the real estate tax assessment.
• Ordinance #72:
  • City Limits Turbine Setback Requirement amended to 2 miles.
  • Pubilc Conservation Setback Requirement amended to 1 mile.
• Ordinance #67:
  • Occupied Residence Turbine Setback Requirement amended to 2,500 FT.

​​​​

• ORDINANCE #56

  • Ordinance #56: An Ordinance regulating commercial wind energy conversion systems in unincorporated Woodbury County.  Ordinance #56 has been amended three (3) times with the adoption of Ordinance #56, Ordinance #67, Ordinance #72, and Ordinance #79 (see above).