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SD county learns that 2000ft setbacks not quite enough

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Clark County SD is in a legal battle over its decision to increase wind turbine setbacks from 2000ft to 3960ft (three-quarters of a mile). The Clark County Commission approved the 400MW Crocker Wind Farm, but based on local experience with a smaller wind farm, decided that more distance was needed between turbines and non-participating homes.  As reported by the Watertown Public Opinion:

County zoning rules originally called for a minimum 1,000-foot setback from residences, but according to Commissioner Francis Hass, the commission didn’t do enough homework before allowing a 2,000-foot minimum setback for the 11-tower Oak Tree Project built four miles north of the Clark a few years ago.

“We absolutely don’t want to kill wind energy,” Hass said. “We just didn’t look good enough when we put in the first set. Those towers are fine with the exception of being too close to a residence. “Towers do make noise, and when the weather is right they make a lot of noise.”

The wind company, Geronimo Energy, challenged this decision in court, and in August the court declined its motion for a partial summary judgement. Initial reporting suggested the County’s standards had been upheld, though a followup clarified that the judge simply ruled that he would not issue a determination until after a full hearing on all the challenges included in Geronimo’s claims. (There are some conflicting press reports on this; a September article says Geronimo has appealed to a higher court.)

Meanwhile, the state PUC continued its consideration of state permitting for the 200-turbine wind farm. A September hearing attracted both farmers eager to host turbines and local residents opposed to the project. A decision was expected in late January 2018, but in October, the PUC denied the application, saying that Geronimo’s plans were still too much in flux to proceed with the approval process, which by state law must be concluded within six months. The uncertainty was mostly related to negotiations with US Fish and Wildlife over land swaps and environmental impact assessments for about 40 of the turbine locations, leading to the submission of four different possible turbine configuration plans. However, the quicker than expected decision was triggered by an intervention request by opponents of the wind farm, which noted that the Clark County half-mile setback would necessitate the relocation of 35 further turbines.

Geronimo is free to resubmit its application once the turbine layout is finalized.

 

VT legislature accepts turbine noise limits, drops setback requirement

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More restrictive noise limits on industrial wind turbines are one key step closer to implementation in Vermont. In May, the Public Service Board proposed that the current 45dB limit be reduced to 42dB during the day and 39dB at night, along with a setback requirement of 10x the turbine height (4000-5000ft for modern turbines). A legislative committee has been reviewing the proposal to assure it complies with the “legislative intent” behind the bill that called for revised standards, and this month that committee dropped the setback requirement, then in its next meeting accepted the noise limits.

A key element in the legislative intent was to encourage continued expansion of renewable energy in Vermont. The PSB was charged with crafting a policy to balance this goal with concerns that the previous siting standards were leading to noise complaints and health concerns. Residents near three wind projects have filed complaints that the 45dB limit has been exceeded, and/or that it did not achieve its stated aim of keeping noise inside homes below 30dB. Sound studies carried out after these complaints have found noise levels a few decibels over the targets, at times; in addition, there is much debate over exactly how much outside noise is reduced as it enters the house.  It appears that the 6dB reduction in nighttime noise levels is likely to resolve many or most of these potential problems.

The proposed day and night limits are in part designed to facilitate the use of turbines that utilize now-standard “noise reduced operation” at night when needed; NRO settings change the blade angles to reduce noise (and, to some degree, power output) by about 3dB. (See this PSB letter discussing its final proposal, including responses to comments submitted on the draft.)

While lower sound limits will surely help reduce the extent of complaints, noise violations are complex to enforce; this is why setback limits are often used as a way to achieve similar aims. The challenge there is that setbacks don’t account for situations (topography and wind direction) that can reduce noise levels, so they can be overly restrictive. The PSB aimed to counter this concern by incorporating a process whereby the setback requirements could be reduced if the wind company showed they could do so without exceeding the noise standards. But the legislative oversight committee rejected this approach, opting to rely solely on noise limits.

As a practical matter, achieving the 39dB limit will require setbacks of several thousand feet in most cases. This has caused wind advocates to decry the change, claiming that ridgetop energy will be effectively banned. Margaret Cheney, a member of the PSB (which changed its name in July to the Public Utility Commission) stressed that the rules as proposed should not stop wind development and that they would not have offered standards that would do so. The PSB/PUC believes that wind developers can take advantage of the “participating landowner” provisions to negotiate agreements with neighbors who live close enough that the 39dB limit may be difficult to meet. As the PSB letter noted, “It is the Board’s goal that more ‘buy-in’ from neighbors during the planning process will lead to projects with more support and less controversy.”

To explore the recent history of rulemaking and noise issues in Vermont, see this collection of earlier AEInews coverage.

SD farm country adopting larger turbine setbacks

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South Dakota has the nation’s 4th-best wind resources, and wind is currently the source of 30% of the energy produced in the state, the 2nd highest proportion the nation—yet it lags behind several of its great plains brethren in ramping up its wind industry, which currently has about 1000MW of installed capacity. North Dakota is home to nearly three times as much wind energy, while Iowa and Oklahoma each host nearly seven times as much. But if recent push-back is an indication of things to come, the wind boom that many SD farmers hope for may not materialize unless they adopt a more collaborative approach to working with their neighbors.

Two counties and one township have grappled with turbine setbacks in recent months, and all of them have pushed the pause button on business-as-usual turbine siting. Letcher Township adopted a one-mile setback, Lincoln County voters affirmed their planning commission’s half-mile setback for the 150-turbine project planned there, and Davison County is taking some time to develop a new standard after declining to adopt a 1000-foot standard in May. (See notations on the map for a general idea of their locations, in relation to the state’s 14 wind projects and five production facilities.)

Letcher is a tiny place, but the populous came out overwhelmingly against the prospect of a wind farm coming to town. “Of the 77 registered voters, 50 of them did sign a petition against it,” Letcher Township Supervisor Murray VanLaecken said. “For families who own an acreage, there’s no benefit of being by a wind farm…it’s just going to cause them to have to look at it and when they go to sell, what is their property worth now with wind towers surrounding it?” VanLaecken said.

Of course, for those leasing land to wind companies, the prospect of $10,000 or more per year for each turbine is very attractive. “There’s no legal crop we can grow to make that much money off of one acre,” said Sara Bovill, president of the Lincoln County Farm Bureau and co-chairwoman of Farmers and Friends for Wind, which encouraged Lincoln County voters to reject the proposed half-mile setback.  David Iverson, a landowner at the Buffalo Ridge II Wind farm affirmedRead the rest of this entry »

End of the line for Falmouth wind turbines

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The Falmouth Board of Selectmen have decided not to continue the legal battle over two wind turbines that began operation at the town’s wastewater treatment facility in 2010 and 2012. The decision comes in the wake of a ruling from Massachusetts Superior Court last week that called for immediate cessation of turbine operations. Wind 1 has been shut off since 2015 by a previous court ruling, and Wind 2 has been operating only during the day after being found to exceed the background ambient noise at night by more than is allowed. The turbines have been challenged on several legal fronts, including the initial permitting, nuisance, and decreased property values. The town will now grapple with the costs of dismantling and paying off loans taken to erect the turbines; most of the financial obligations are to state-funded clean energy programs, and there is hope that some or most will be forgiven, though nothing is certain on that front.

In the recent case that apparently broke the camel’s back for the Selectmen, the judge affirmed a 2013 Zoning Board of Appeals nuisance ruling that called for the Building Commissioner to “take whatever steps necessary to eliminate the nuisance” at the property of Barry and Diane Funfar. The town appealed that ruling (legally challenging its own Zoning Board of Appeals), and this case was addressing that appeal. Several other cases remain in the pipeline, but the Selectmen’s decision should lead to an end to the legal battles.  While the judge in this case affirmed the nuisance experienced by the Funfars, he rejected the property value claim, noting that the most reliable data, from sales in 2012 and 2013, show a 3% decline in value in the Funfar’s neighborhood, not enough to point to the turbines as a deciding factor.

Mr. Funfar, who used to spend much of his time creating extensive gardens in his yard, had found himself unable to be outside, and eventually, even to stay in the house.  The Funfars had begun spending time in the Dominican Republic to escape the noise impacts.  “It’s rather euphoric,” he said after the ruling was announced. “We had a very good life here in our retirement, and I had my grandkids up here all the time helping me in my yard, and we can get some of that back now….It’s just such a tremendous relief to me and it’s still taken these past couple of days to sink in.”

Susan Moran, chair of the Board of Selectmen, noted that “As a board, despite all our personal differences and philosophies, we feel we have done all we can do to honor the town meeting ballot votes in 2013 as well as the 2015 nonbinding vote for the town to continue to operate the two turbines.” Appealing this decision and continuing to fight the other challenges would leave the town “right where we have been for the last seven years — with uncertainly and mounting legal expenses,” Moran said.

Christina C. Rawley, a member of the Falmouth Climate Action Team, which had fought to keep the turbines operating, said, “It’s very upsetting and extremely disappointing. We’re all sort of [taken aback] by it and trying to decide now what is the best way forward.” At the same time, Rawley stressed that “We are not coldhearted people by any means….and it was never anybody’s intent to harm anyone. How does a town or a nation make [its] decisions is what is at question here. How can we possibly meet the problems that are outstanding in our society?”

Since the very beginning of all this, the Falmouth situation has been a good example of the pitfalls of siting turbines close to densely populated neighborhoods. Few wind turbines have so many homes so close; at least 184 homes within a half mile of just these two turbines (a third turbine, privately owned, continues to operate; the legal challenges have been primarily directed at the town-run turbines). With so many homes so close, it was inevitable that a critical mass of impacted neighbors would arise.

In 2012, the town spent several months on a collaborative Wind Turbines Options Process that brought together town officials, impacted neighbors, and renewable energy advocates to explore whether the town could find ways to address or compensate those struggling with the noise. The possibility of the town buying some of the homes that had been most affected was on the table. At that time, about 10% of those within a half mile had lodged formal complaints (7 out of 18 homes within a quarter mile, and 12 of 166 from a quarter to half mile).  Likewise, in 2010, amidst the initial outcry about unexpected noise levels after the first turbine went live, the town sent log sheets to 300 homes, for residents to note the times when noise was an issue for them; about a dozen were returned, or under 5%. We can presume that more people were bothered than participated in these initiatives, but it remains the case that it’s generally a relatively small percentage of the population that is especially sensitive to noise impacts.

This is one reason that towns have taken a wide range of approaches to wind turbine siting, ranging from minimal setbacks of as little as 500-1000 feet (in areas that don’t mind that their residents will regularly hear the turbines), to moderate setbacks of 1200-2000 feet (accepting that some residents will experience troublesome noise at times), to precautionary setbacks of 4000 feet or more, which hope to avoid causing noise intrusions for even the more sensitive members of the community. All of these approaches can be justified; the question is how any given town chooses to balance economic benefit (often high in farm and ranch communities), climate-change mitigation (minimal for any given project, but necessary collectively), changes to sense of place (also a factor in many rural communities), and impacts on the most noise-sensitive or otherwise susceptible members of their community.

The reality of life-changing impacts on a relatively small proportion of those hearing turbines is an especially fraught element in the debate; many infrastructure projects or industrial developments cause similar rates of disruption among their nearby neighbors. Courts and local governments have come down on different sides of this sensitive question, and it is here where towns will continue to face the most difficult and distressing decisions.

VT PSB moderates stricter turbine noise limits

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The Vermont Public Service Board has released its final proposed rule for wind turbine noise.  After taking comments on the draft released a couple of months ago, the PSB chose to increase the proposed night time limit from 35dBA to 39dBA; the daytime limit remains 42dBA, three decibels lower than the current limit.

The rule now goes to the state legislature, where the Legislative Committee on Administrative Rules must sign off on them; the key question there will be whether the proposed rules are consistent with the state’s commitment to renewable energy, and whether the rules reflect the intent of the legislation that called for the PSB to develop new noise limits.  According to VTDigger, the sponsor of that bill, Chris Bray has said that “he trusts at this point that board members arrived at defensible sound limits, expressing confidence that the three-person PSB has the knowledge to come up with reasonable standards that also protect turbine neighbors from unreasonable harm.” Bray noted also that the dire predictions of wind supporters that stricter rules will preclude further development are similar to those raised when the state adopted new net-metering rules for solar power, which solar advocates decried as a death-knell for solar in Vermont; instead, solar development has boomed, mostly in areas such as brownfields, landfills, and old parking lots where the state was hoping new projects would be concentrated. “I think that’s good news,” Bray said. “Maybe two years from now we’ll look at the [wind turbine sound] rules and say, ‘This represents good news.’” Read the rest of this entry »

Vermont PSB proposes stricter sound standards

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Vermont’s Public Service Board has released a draft of new rules for wind turbine siting which embraces a happy medium approach that should minimize adverse effects from noise, while providing wind developers the option of negotiating participation agreements with neighbors who are willing to live closer to turbines than the rules would stipulate.

Current Vermont wind projects are required to keep noise at non-participating homes lower than 45dB outside and 30dB inside; this inside/outside distinction has become a primary bone of contention (especially in summer with open windows), and some sound monitoring has found occasional periods in which noise was slightly above the limits.  45dB is a widely-used noise limit, though it’s also a level at which noise can be quite prominent and disruptive at times.

The new draft rule adopts a fairly precautionary approach, in line with some of the stricter rules that have been appearing elsewhere in places where turbine noise has triggered discontent: the PSB calls for a daytime limit of 42dB and a nighttime limit of 35dB, measured 100 feet from non-participating homes.  In addition, Read the rest of this entry »

VT towns reject wind farm & town-wide personal payments

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Two central Vermont towns have voted against plans to build a wind farm on the hills along their border, despite a late-in-the-game offer from wind developers to mitigate some of the downsides by making direct annual cash payments to residents. While landowners that host turbines always receive payments from wind developers, and some projects have included “good neighbor” payments to nearby landowners, this is the first time I know of in which a project extended a cash-payment program to include all local citizens.*

The votes were not close, with over 60% of voters in both towns giving thumbs-down to the wind farms. Iberdola, the developer, had pledged to respect the voters and discontinue its efforts to build there if they lost.

A key factor for many locals was the unusually high number of homes relatively close to the ridge where the turbines were slated to be built (click image to enlarge). As compared to two other large projects in the state (Sheffield and Lowell Mountain), this project had a concentration of homes close enough to more or less guarantee that the turbines would be easily heard regularly—over a hundred within a mile, and another 150 between a mile and a mile and a half. This increased home density (4-6x more than Sheffield or Lowell) continued out to 2 miles, where noise could be audible at times.

What to make of the payment offers?
While many locals took offense at what could easily be seen as an attempt to buy their votes, the cash payments plan was also a long overdue acknowledgement that the presence of turbines in a community does amount to a “dis-amenity,” a negative contribution to local sense of place and quality of life. Read the rest of this entry »

5th vote in Dixfield retains embattled wind ordinance

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ME Timberwinds~Dixfield-2mi simulationYou really need to have a history degree to keep track of the twists and turns in the 4-years-and-counting Dixfield Wind Energy Saga. Ever since the adoption of a wind ordinance in 2012, local citizens, Planning Board, and Selectmen in this Maine town have been proposing revisions that have been rejected by voters.  The 2012 ordinance, which still stands, includes a 2000-foot setback and noise limits in accordance with state standards of 55dB day/42dB night.  In both 2013 and 2015, the updated ordinances contained some stricter standards (both include low-frequency standards and the 2015 one would have doubled the setbacks and lowered the night noise limit to 35dB), but both times the voters narrowly rejected the changes. Local officials have remained concerned that some of the zoning language in the 2012 ordinance is unenforceable, and this spring, they once again took a shot at finding a middle ground by resubmitting the language they liked in the 2015 attempt, but tweaked to return the noise limits to the state standard; as one Planning Board member put it, “The vote on the proposed wind power ordinance has provisions that both sides dislike. Maybe that makes it a reasonable compromise.”  But that, too, failed to win support in a June 2016 vote. These 2012-2016 votes were all narrow victories for the pro-windfarm contingent in town, which maintained that the setbacks would preclude development and the low-frequency noise requirements would require cumbersome monitoring.

Now a 5th vote in November 2016 has once again rejected a change, this time a proposal to simply nullify the 2012 town ordinance and let the state regulate the wind farms, which is now the preferred option by those who want the town to get out of the way and let the wind farm proceed. It was once again very close, 616-642 (14 switched votes would have changed the outcome), and I guess it marks the first loss by the pro-wind group, but no one will be happy with the outcome—local officials still say the 2012 version is unenforceable and advocates for greater local control have repeatedly pushed for more stringent standards.  So the merry-go-round will continue spinning, the gold ring still out of reach for all concerned.

For a recap of the tortured history, click on through to read the post I put together in June 2015 recounting the events up till then—including, in fact, a vote recount that dramatically overturned the one previous victory by the more cautionary contingent.

Read the rest of this entry »

Wind farms increase stress in nearby badgers

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Lay summary of
Rosanna CN Agnew, Valerie J Smith, Robert C Fowkes.  Wind Turbines Cause Chronic Stress in Badgers (Meles meles) in Great Britain.  Journal of Wildlife Diseases, 52(3), 2016. DOI: 10.7589/2015-09-231.  Download PDF

A new study out of Britain provides one of the clearest looks at whether wind farms create chronic stress in wildlife populations.  The results are striking—badgers living near turbines had stress levels 265% higher than the control groups—though not yet conclusive.

The researchers used what appears to be a very solid study design, testing cortisol levels in badger hair among 25 badger “setts” (dens, occupied by one or more badger families) separated into two groups: 9 “affected” setts were within 1km of wind farms, and 16 control setts were more than 10km from any wind farm.  They made an effort to assure that control setts were comparable in their habitat types, distance from roads, and geographic spread across Britain.

Agnew 2016 badger cortisol 1km and controlThe overall results are fairly clear-cut.  Here’s a graph of the two groups; the boxes show the 3 quartiles of results in each group (the bottom of the box being the level that 75% of the animals were above; the line across the box showing the level where half the animals were above, half below; and the top of the box the level that 25% of the animals were above), with the bars outside the box showing the remaining scatter of individuals.  The mean among controls was .87, and among the affected group the mean was 3.16

Agnew 2016 badger cortisol and distanceA closer look at the results suggests that, as usual in field studies, there is a lot more going on than the means and medians suggest.  Here we see a plot of the 9 affected setts, with distance to nearest turbine on the bottom axis.  Interestingly, there is a wide scatter of results, with some setts (2 of the 9) showing levels very similar to the controls, about half (4 of the 9) having somewhat elevated levels, and only 3 setts being highly elevated, above the highest of the control setts.  Our first image shows this skew, with the upper quartile of the affected box stretching far above the middle line (and thus pulling up the mean to a significant degree).

This skewing does not invalidate the results; such scatter is very typical of most impact studies.  But it does remind us that there is rarely a simple, universal cause-and-effect.  The authors address many factors that could have contributed to anomalous results, and consider most of them to be quite unlikely; as they summarize, “Although certain intrinsic factors, such as sex, age, and disease status, have been thought to influence cortisol levels, it is very unlikely that the 264% cortisol increase experienced by affected badgers is a result of these factors alone.” Still, these and the other possible confounding factors will deserve closer scrutiny in followup studies.

The authors presume that vibration and noise, and likely infrasound, are the primary stressors, but did not do sound measurements as part of the study.  There was no mention of whether badgers are stressed by tall structures, as some small mammals are (due to predation by hawks).  While it seems likely that badgers are too large to be at risk from above, some confirmation of this would have been helpful to add, if true.

The researchers suggest that their results could have implications for controversies about humans who have reported negative reactions to wind farms, noting that badger hearing range is similar to humans.  A final finding was that the badgers did not appear to acclimate to the wind farms: setts near new wind farms had only slightly higher stress levels than those near long-established ones, where the mean remained well above that of the controls.

Ohio “wind energy killing” setbacks: reports of wind’s death were greatly exaggerated

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windenergygraphicOnce again the wind industry has been caught crying wolf about reasonable and workable setback increases.  In 2014, the Ohio legislature tweaked the state’s wind farm siting standards to require setbacks of 1300 feet from neighboring property lines, rather than from neighboring homes.  Wind energy advocates gnashed their teeth, with an executive of the national trade association, AWEA, claiming that “This would kill further wind energy development in Ohio unless the governor vetoes it,” while the CEO of wind developer Apex Clean Energy chimed in that with such odious setbacks, Apex “will have no choice but to take its investment and its business elsewhere. ”

Get ready for a shock, AWEA: Amazon, not phased at all by the setbacks, has announced plans to build a 100-MW wind farm to power two new distribution centers in Ohio.  And, in a late-2014 review of the status of 11 projects that are in the pipeline, it was federal tax credits and lapsed state renewable energy incentives that were cited as current challenges, not the setbacks.  While it’s quite possible that previously-approved projects are proceeding under the old setback rules, the same statewide overview notes that “several other companies, including Apex Clean Energy of Virginia, are acquiring lease rights and working on plans.” (Wait, what? Yup, the same outfit that just told us the setbacks ruined everything so they’d be taking their toys and going home still have four Ohio projects in the pipeline.)

It’s disheartening to see the wind industry employing these same shopworn scare tactics about moderate setbacks; no matter what the proposal, if it’s an increase over something that has been on the table, it’s decried as “killing” the possibility of wind energy in the area.  Anything over the 750-1000 foot setbacks that the industry prefers is considered extreme; in Ohio, claims that the old 1300-ft to homes setback was among the most stringent in the nation are practically a joke, with 1250-1500-foot limits now becoming the norm, and many areas going much further.  In Minnesota, a 1500-ft setback was eagerly embraced in lieu of a proposed 2700-ft rule; in Maine, a 2000-ft setback was deemed perfectly workable by a developer who was fighting a change to 4000-ft, after which they switched gears and pinpointed a 35dBA noise limit as the real “deal killer.”

Indeed, nighttime noise limits of 35dB or less can mean that setbacks will need to be large enough (4000 feet or more) to rule out development in most communities.  Still, it’s entirely reasonable for some towns to choose such low noise limits, or setbacks of a half mile or more, if the priority is to preseve the rural character of place and assure that few if any residents will hear turbine noise on a regular basis.  Ideally, these more restrictive rules would also include the option that wind developers can obtain noise easements from neighbors who are willing to live closer to turbines (often in return for a financial payout, either one-time or annual).  And guess what?  The much-decried Ohio rules do allow individual landowners to waive the setback requirement, if they wish to; this may be part of why so many projects are still happening.  It’s time for the wind industry to stop moaning about setbacks meant to preserve some semblance of rural character, and begin making peace with the fact that not all communities will make the same choices about opportunities for economic development.

Looking ahead in Ohio: Even as Amazon, Apex, and others proceed with their plans in Ohio, representatives from several northwestern Ohio districts have introduced a bill to let counties supersede the state rules and revert to the old setback standards on a case by case basis. (Will it surprise you to hear that it’s in this very region where Amazon is happy to build with the current rules? I thought not….)  So far, there does not seem to be any active reconsideration of the other key element of the 2014 rule changes in Ohio, a 2-year freeze of the state renewable energy portfolio standard (RPS) at 2.5%—foregoing the planned 1% annual increases toward a 2025 goal of 12.5%—while the legislature reviews the RPS program. Presumably, a decision will be made during the coming year whether to revert to the old schedule or adopt new, lower targets.

UPDATE, 1/29/2016:  While I’m not tracking all the news related to new projects, a couple of things caught my eye recently.  Two companies, including Apex, abandoned plans for wind farms in Ohio, though the news reports, and perhaps the formal notices filed with state regulators, don’t specify why; there are many reasons that proposed project aren’t completed, including the financial health of the companies themselves, and the fact that they often do preliminary work in many more places than they ultimately choose to build.  Relatedly, the Scioto Ridge Wind Farm, which was among those supposedly threatened by the new Ohio rules, is still under development; on January 26, the project’s Facebook page recently posted a local news article about an agreement reached between Everpower and a local opposition group, which reduced the number of turbines from 176 to 107; such reductions sometimes involve a move to bigger turbines, and it’s unclear whether the footprint is smaller (and so some setbacks larger) under the agreement.  Nonetheless, another local group has vowed to continue fighting the plans.

VT study sheds light on how often wind farm noise reaches bothersome levels

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VT SheffieldA sneakily fascinating legal response was recently released, in which the State of Vermont Department of Public Service (DPS) responds to request by wind farm neighbor Paul Brouha for relief from noise coming from the Sheffield Wind Farm.  Most of the technical back-and-forth amounts to quibbling between sound experts about 1-3dB differences, caused by slightly different monitoring techniques.  This minutia matters, in that it may determine whether the Sheffield project is just barely in compliance or just barely too loud at times; after all, limits are limits.  However, as usual in such situations, even if slight adjustments in operations were made to bring the sound levels down 1-3dB, such small changes are unlikely to change how loud the sounds seems at the home in question (the human ear generally can’t perceive a difference of less than 3dB).

Still, buried in the data at the end of the submission is some interesting information about how often sound levels reach various thresholds in each season.  The wind farm company, Vermont Wind, had done some on-the-ground sound monitoring at a location slightly closer than Brouha’s home, and the results shed some light on why some wind farm neighbors may be bothered by the noise.

Click through for the full story. Read the rest of this entry »

Wind farm plan abandoned after UK policy changes

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Recent policy changes by the UK government have spurred the developers of the Nocton Fen wind farm to pull the plug on their project.  The new government policy accelerated a planned end to wind farm subsidies, setting an end date of April 2016, and added a requirement that all wind projects receive approval by nearby residents via a local or neighborhood plan.

NoctonFen-windfarmWEB

In response to these changes, Swedish wind developer Vattenfall held a six-week local consultation, and this week announced it would not proceed with the project:

Graham Davey, Vattenfall’s Project Manager for the Nocton Fen Wind Energy Project, said: “It’s obviously disappointing to stop development of Nocton Fen as it would have delivered significant benefit locally and generated affordable, clean and renewable energy for tens of thousands of homes every year.

“It was clear that proposed changes to onshore wind planning in England introduced increased risk in the process. Stopping the scheme now is a sensible decision.

North Kesteven District Council Leader, Councillor Marion Brighton OBE, spoke for the locals, saying, “We welcome Vattenfall’s decision and appreciate them making this announcement so soon after the close of their recent statutory pre-application engagement. Their proposals would have been unreasonably intrusive in terms of the landscape character and amenity of local communities and I am sure that this decision not to proceed will be of significant comfort in bringing clarity on Vattenfall’s position in light of the Government’s recent policy announcements.”

This particular wind farm would have been built on the estate of vacuum cleaner tycoon James Dyson, and had raised local ire from the start due to its proximity to a local landmark, the Lincoln Cathedral; the turbines would be twice its height. “Lincoln Cathedral defines the landscape for miles in each direction,” said Melvin Grosvenor, who lives in the village of Baumber, 10 miles west of the proposed site. “This [wind farm] would spoil the long-distance view that has existed for a thousand years and change the character of the whole area.”

There are currently 250 wind farm proposals, totaling 2500 turbines, that may be similarly affected by the policy changes; time will tell whether the UK’s on-shore wind industry grinds to a halt, or adapts and finds a way forward.  It’s unclear from recent reports whether the loss of subsidies is deal-killer for wind developers, or whether some projects may be viable without subsidies, if they are far enough from neighbors to gain local support.

Noise issues featured on annual “top stories” lists

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Every December, local papers around the country routinely highlight the top stories of the year gone by.  Based solely on AEI’s routine Google News keyword results, it appears that noise-related issues were among the major topics in several areas.

Wind farm noise issues made the lists in at least two places.  In Van Wert County, Ohio, it was the #2 story of the year.  The wind industry has been complaining loudly about a tweak to state rules that now measures the state’s modest 1300-foot setback limit from  property lines, rather than homes.  While wind developers claim this precludes most development, the option of establishing good-neighbor agreements with those living close to proposed turbines remains open.  In Huron County, Wisconsin, the #7 story was “Wind energy continues to divide community,” as the county and several townships consider revisions in their wind ordinances.

And, not surprisingly, continuing controversy over the diluted Grand Canyon National Park overflight rules was a top story in northern Arizona.  The big development this year was the FAA making 1700 additional flight permits available to companies using “quiet” aircraft. AEInews has covered the overflight issue in some detail for many years.

AEI poster for the Wind and Wildlife Research Meeting

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Next week in Denver, the American Wind and Wildlife Institute and National Wind Coordinating Collaborative will be hosting their 10th Wind and Wildlife Research Meeting.  For the second time, I put together a research summary poster for the event (here’s the first one).  Most of the presentations at this meeting are focused on direct mortality (birds or bats hitting turbines) and habitat-disruption issues; in recent years, concerns about the sage grouse on the northern plains and the Fish and Wildlife Service’s new eagle permit process have also been hot topics.

As usual, my contribution is one of the few looking at the effects of the moderate noise around wind farms.  It offers an overview of the current state of our understanding of the ways chronic moderate noise can change animal behavior and communication, shift population structure, and increase physiological stress.  It includes data from studies on sage grouse, frogs, mammals, and songbirds, as well as discussion of other considerations, uncertainties, and future research needs.

Effects of chronic moderate noise on animal behavior and distribution

Maine town stands firm on one-mile turbine setback

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Each time the residents of Frankfurt, Maine have been asked to weigh in on a proposed wind farm on Mount Waldo, the results have the same: “no thanks”—and by ever increasing margins.  In 2011, an ordinance establishing a one-mile setback passed by 22 votes; the ordinance also set noise limits of 45dB during the day and 32dB at night (a range that’s in line with what turbines would be expected to produce at that distance).  The town was sued by the landowners who were planning to host a six-turbine project; both sides agreed to put the question of allowing the project to go forward to a March 2013 town meeting vote, which fell 47 votes short.  This year, a measure to repeal the 2011 ordinance and revert to state standards (55dB day/42dB night noise limit) was on the election day ballot, and that proposal lost by 138 votes, or 62%-38%.

windagain090414.jpgThe citizens of Frankfurt have spoken clearly and repeatedly.  They have said that they want turbines to stay far enough away from neighboring properties that they will be rarely heard.  While the one-mile setback (and perhaps even moreso the 32dB night noise limit) make the proposed Mt. Waldo project unfeasible, standards such as these are not inherently unreasonable; indeed, several other Maine towns (including Woodstock, Sumner, Rumford, and Clifton) have adopted 4000-5260 foot standards, rather than outright bans.  [The photo simulation above, created by the wind developer, shows a view from about two miles away.] While such standards clearly aim for much smaller impacts on neighbors than more typical 1200-1700-foot setbacks, turbines in the range of a mile away are still a dominant visual presence and can be readily audible; the larger setback/lower noise standards are generally aiming to find a middle ground that allows wind development while minimizing impacts.

The Record Hill Wind Farm in Roxbury is over a mile and a quarter from most homes, and those who spoke up about noise issues early on have found that the turbines are only rarely audible—though they still dislike seeing the turbines over the pond and the string of lights at night.  A look at Google Maps seems to show more homes within a mile of Mt. Waldo than at Record Hill (a dozen or so, rather than a couple), so the option of getting agreements with all of the closer landowners may not be practical.  Across the country, many other towns have weighed the costs and benefits differently and adopted the standard, less restrictive setbacks; they’ve been more willing to accept that a small to moderate proportion of those within a half mile or mile will find the noise intrusive, leading to complaints and in some cases the need to move.  It’s altogether right for towns to make their own choices about how to navigate the grey area of how much visual or acoustic impact they’re willing to live with; Frankfurt and other towns like it are making a clear and reasonable decision.  It’s time for wind developers to accept such choices, choosing sites and designing projects that fit with local sentiments, rather than pushing towns to loosen siting standards simply to make it easier for particular projects to move forward.

UPDATE, 11/5/14: Another Maine town was considering a change in its wind ordinance this week, and that one went the other way, an apt illustration of the self-determination point I just made.  Dixfield had enacted a 2000-foot setback in 2012, but in 2013 the Planning Board was charged with revisiting that decision.  This past summer, a set of amendments were proposed that would have doubled the setback to 4000 feet, and applied more restrictive sound limits as well: 42dB during the day, 35dB at night (again, about what we’d expect at the greater distance).  On Tuesday, in a very high turnout election, the amendments were defeated in a nail-biter, 562 to 557.  So in Dixfield, a 20MW wind project that’s been conducting wind and environmental studies for the past few years still has a relatively amenable path toward approval and construction.

MI turbine suit settled; another lesson in operating too close to already-generous noise limits

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MI Lake Winds under constructionFor the past couple of years the Lake Winds Energy Park in Mason County, Michigan has been embroiled in a contentious dispute about its noise levels (image to left is the “Park” under construction).  In April 2013, five months after the 56 turbines began operating, 17 neighbors filed suit, claiming that wind farm noise, vibrations and flickering lights were adversely affecting their health. A few months later, after commissioning an independent sound study, the Mason County Planning Commission formally declared the wind farm out of compliance and demanded a mitigation plan; the developer, Consumers Energy, disputed the findings yet lost two appeals, one at the Zoning Board of Appeals and one in Circuit Court. During that series of challenges, Consumers developed a plan to modify turbine operations for 7 turbines closest to the four sites where they were found to be marginally too loud.

Marginal is indeed the word: the sound study found 4 locations where the sound level peaked at 0.3 to 1.2 decibels over the 45dBA noise limit (it takes 3dB for a difference between two sounds to be audible); when using 10-minute averages, there were no violations.  The various explanations by the consultant, Brian Howe, illustrated the fine line that the turbine operations were walking.  His report stressed “general compliance with sound level criteria,” and noted that the brief violations “do not represent a statistically significant portion of time and do not indicate a systemic exceedance.” In his initial testimony at an August Planning Commission meeting, he said that there are no recommendations to correct for these times because “there is not a situation where they are predictably going over 45.”  Later, in a November letter to the Commission, after learning that the county had previously decided NOT to allow for occasional exceedances, he stressed that “I can assure the County that competent, material and substantive evidence supports the conclusion that the turbines are not in compliance at certain residences on occasion” and elaborated:

Excursions over 45 dBA should have been anticipated since, as outlined in the acoustic study by Tech Environmental prepared in June 2011, the wind energy park was designed with sound levels identically equal to the 45 dBA criteria at some key receptors with no factor of safety to address the fact that the prediction methodology has a stated accuracy worse than +/- 3 dBA. If Tech Environmental was aware that achieving the criteria even 95% of the time was unacceptable to the County, it would have been prudent to incorporate a suitable safety margin to account for the statistical variation in sound levels.

And this is the first half of the central lesson here: it’s essential that enough of a safety factor is built in to the sound models to account for known variability in sound production (how loud the blades are in various unsteady wind conditions) and sound propagation (how far sound travels as it gradually loses power).  Regular readers will know that variability is indeed, as Howe mentioned, often more than the simplified 3dB margin of error that was neglected here (see AEI’s 2012 report). The second half the lesson is related: when noise limits—for the sound of the turbines when it reaches nearby homes—are set as high as 45dBA, they will be regularly audible at these homes, and likely well above night-time ambient sound levels.  As many acousticians have stressed for years, these situations are very apt to trigger a significant number of complaints, especially if there are dozens of homes in that nearby range.  Here, we had the worst of both worlds: turbine siting plans that pushed sound right at the limit into nearby homes, and a limit that was on the high end of tolerability for many neighbors.  Indeed, after one such cautionary report was presented to the Mason County Planning Board, it decided to lower the limit to 40dB, but that change was revoked after push-back from Consumers Energy.

With this backdrop, this week the 17 original plaintiffs in the noise nuisance lawsuit agreed to a settlement offer from Consumers;

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Scottish study looks at actual vs. predicted impacts on neighbors

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The Scottish government has commissioned a study addressing an all-too-rarely considered question: do pre-construction impact studies accurately predict the extent of shadow flicker, noise, and visual impacts on nearby neighbors?  ClimateXChange will survey two thousand residents near 10 wind farms, including all residents with in 0.5km, and a sampling of residents at greater distances (somewhat over 30,000 families live within two miles of these wind farms, mostly around two of them).

The steering committee for the study includes at least one concerned citizens group, Scotland Against Spin, along with the leading national trade organizations, Scottish Renewables and Renewable UK, and Scottish Natural Heritage, a quasi-public advisory organization often concerned with landscape impacts. The surveys went out in June and are currently being assessed, with the final report due this winter.

Surprisingly, though ClimateXChange clearly outlines the purpose of the survey as described above, both wind advocates and concerned citizens groups have characterized the study as an investigation into health effects complaints, a topic actually addressed in a previous report (including some in-depth back-and-forth with a prominent critic of their approach and conclusions). ClimateXChange has also completed some other relatively unique reports for the Scottish government, including one on legal compensation frameworks for wind farm disturbance and a look at the long-time informal standard of keeping wind farms 2km from villages (both of these reports are relatively brief and inconclusive, however). A property values study is also currently underway.

Oregon project aims for floating offshore turbine future

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After nearly five years of floating offshore wind farm planning off the coast of Maine, a project in Oregon may leapfrog those efforts.  An initial go-ahead from federal ocean regulators marks the starting line for a pilot project off Coos Bay, which will need to clear several more regulatory and financial hurdles before being built.  

Perhaps optimistically, Principle Power (the developer) is holding a target date of 2017 to have its initial five turbines operational.  These will be huge, 6MW, 600-foot turbines, similar in design to a model that’s already being tested in the water in Portugal.  The project is expected to cost $200 million, which would build around 100MW of capacity on land, as compared to the 30MW this pilot project will construct; Principle Power expects that steadier, stronger offshore winds will let these turbines operate at a higher capacity factor than onshore projects, partially making up that difference. Of course, experimental pilot projects are always far more expensive than later, full-scale build-outs; still, the financial feasibility of projects like this is a work in progress.

Virginia offshore wind developer agrees to avoid right whales for evaluation, but not for construction

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Last fall, Dominion Virginia Power won the first federal lease for developing wind power off the coast of Virginia.  As with all offshore energy and Naval activity on the east coast, one of the first environmental concerns to be raised was what measures would be taken to minimize impact on the critically endangered North Atlantic Right whale. While their population has been more or less steadily rising since 1990, with only about 400 individuals, they remain vulnerable to any negative impacts, from ship strikes to increased stress levels, which may reduce reproductive rates and success. (See NOAA’s most recent stock assessment report for details; it notes lower reproductive rates than other Right whale stocks, and concludes that the population will be negatively affected if it loses more than 0.9 whales per year to human impact.)

Turbine being boated offshoreWith all this in mind, Dominion Virginia Power’s first commitments to the Virginia Offshore Wind Development Authority fell far short of what many had hoped.  The company agreed to limit installation activity of test platforms (meteorological towers and preliminary test turbines) during the period when whales are most apt to be migrating past the Virginia coast, but made no such commitments about later, and much more extensive, pile-driving for hundreds of turbines in the eventual wind farm.

“We’re happy to talk” with environmental groups, said Mary C. Doswell, Dominion Resources Inc.’s senior vice president for alternative energy solutions, though she noted, “we can’t overlook the costs of compliance.”

The company said they’d minimize their first-phase activities from late November to late March.  The whales spend the summers in a large area off the coast of New England and the Canadian Maritimes, and concentrate at birthing grounds off the coast of northern Florida in winter. NOAA maintains a reduced speed zone along the mid-Atlantic coast, to protect migrating Right whales, from Nov.1 to April 30, close to two months longer than the company set aside as their cautionary season; even the speed restriction is seen by some as a potential obstacle to offshore wind data collection.

UPDATE: See also this article from last fall, which suggests that Dominion plans only to erect a 2-turbine test platform, with full-scae development of 200 or more turbines on hold until costs come down for offshore wind construction.  Some wind advocates suggest that Dominion, which has fought renewable energy initiatives in the state, secured the lease largely to prevent others from developing a large offshore capacity.

Vermont PSB asking for input on turbine noise standards

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The state Public Service Board has initiated a public process for re-examining the noise standards used at wind and natural gas energy facilities in Vermont.  Geoff Commons, the PSB’s public advocate, notes that neighbor complaints from wind projects operating in compliance with a 45dB standard are part of the driver for this review.

VT SheffieldWEB“Even with these restrictions placed on several recently constructed facilities, the board has received complaints regarding sounds produced by the operation of some facilities. These complaints have raised questions about whether the limitations that the board has previously adopted are adequate,” the PSB stated in December.  “As a result, the board has determined that it is appropriate to commence a general investigation into the issue of appropriate sound standards for facilities that are subject to the board’s jurisdiction.”

The PSB has established a website to track this process.  A pre-hearing conference was held on January 8, and based on discussions there, a scoping document outlining initial ideas about procedures and key questions for the process have were released on January 29, and can be downloaded here.  Public comments are being accepted through March 3, after which the final scope of the process will be determined, followed by a series of public workshops to address specific issues.  The outcome of this process will be a determination as to whether a new set of binding sound-related standards is needed; if so, that will occur during a separate formal process.

From my first reading of the preliminary scoping document, it appears that the focus may be strongly oriented toward health effects, and the standard effort to determine “state of the art” scientific information; the initial list of questions doesn’t appear to consider quality of life impacts.  However, the final scope may change, based on comments during this scoping phase.

23 Texas wind farm hosts sue over noise, nuisance

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In what may be an unprecedented move, 23 Texans who host wind turbines on their property have filed suit against two different wind farm developers, claiming that companies “carelessly and negligently failed to adequately disclose the true nature and effects that the wind turbines would have on the community, including the plaintiffs’ homes.”

The plaintiffs host hundreds of turbines on projects developed by Duke Energy and E.ON, and as a Duke spokesman noted, they did consent to the placement of the turbines.  However, the lawsuit stresses that the companies told residents the turbines “would not be noisy, would not adversely impact neighboring houses and there would not be any potential health risk.”  

This court challenge stands apart from most previous nuisance suits, nearly all of which been filed by non-participating neighbors of wind farms (ie, local residents who are not hosting turbines themselves).  Most annoyance surveys suggest that wind farm hosts are less likely to be bothered by turbine noise than non-participating neighbors, and many wind projects make an effort to spread the financial benefits to include some non-host neighbors, because of suggestions that broader project participation will increase community acceptance.  In this case, however, the plaintiffs are receiving lease payments and tax benefits that will exceed $50 million over the life of the projects.

Among the plaintiffs are Willacy County Commissioner Noe Loya, who is said to “no longer enjoy sitting outside because of the loud noise,” with turbine noise inside and outside his home “disturbing the peace and making it difficult to enjoy living there.”  Another plaintiff, a local Justice of the Peace, “has difficulty sleeping, cannot have his windows open (and) cannot enjoy the sound of nature, due to loud noise from wind turbines.”  The lawsuit also claims that some residents have abandoned their homes. In addition to noise issues, the suit includes visual impact, property value, and health effects claims.

E.ON spokesman Elon Hasson, says the company is reviewing the suit. “We develop all of our wind farms in a safe, state-of-the-art and responsible manner. . . We believe these claims will be shown to have no validity.” 
UPDATE, 1/31/14: Spokesmen from both companies issued statements noting that one claim of the suit—that the companies had no plans to remove the turbines at the end of their useful life—is false, and stressed their ongoing monitoring and maintenance of the machines.  They more generally dismissed the other accusations, as well. 

The suit was filed in State District Court in November.  In December, the companies requested that it be moved to federal court, where U.S. District Judge Hilda Tagle has called for a response from the companies by February 6.  

Ed. note: Some wind development leases I’ve seen explicitly preclude hosts from filing nuisance suits. There is limited information online about this case, and it’s unclear whether the plaintiffs’ contracts include such restrictions; if they do, then the legal case may be open-and-shut, or it may be that the crux of the legal challenge is the veracity and completeness of information provided to hosts prior to signing contracts. (It may be worth noting that lease agreements don’t usually include “gag clauses” against speaking publicly about noise or other post-construction experiences; confidentiality clauses usually cover only financial terms and development plans.)

Aussie wind farms moving forward with 2km setbacks

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Despite much gnashing of teeth among wind developers and some wind advocates, it appears that the Australian wind industry is adjusting to larger setback requirements.  In the past two months, two large wind farms have cleared key approval hurdles in New South Wales, with both incorporating the 2km setback requirement from non-participating homes that is included in draft NSW wind planning guidelines.

The 33-turbine Bodangora Wind Project received approval from the NSW Planning Assessment Commission in late August, which noted that while “noise emissions from the turbines will be audible from some surrounding dwellings,” sound models suggest that sound at non-participating neighbors will be 30dBA or less (and 52dBC or less), noting that “the 2km buffer provided in this instance is highly precautionary.”

CollectorMeanwhile, the 63-turbine Collector Wind Farm has been received a recommendation for approval by the NSW Department of Planning this week, and now awaits final approval from the Planning Assessment Commission.  Despite the recommendation, Tony Hodgson of Friends of Collector said strong opposition remained in the community, which would be enthusiastically voiced at a community meeting with the PAC at the end of October. “We spent a lot of time and a lot of energy putting in our submission, and nobody from the department ever talked to us,” Mr Hodgson said. “We feel very, very hard done by. We think it’s an outrage, and the whole thing’s been a complete waste of our time.”  The Collector project includes one home just inside the 2km buffer, and a couple more just outside it, as seen on the most recent site map (above; yellow line is 2km; red turbine sites have been removed). The project’s Sound Assessment found that the three closest non-participating homes would remain just under the 35dBA noise limit (10-minute average), as well being well below the 60dBC limit.

The NSW Draft Planning Guidelines, which were released in December 2011 and have yet to be finalized, included a requirement that projects receive permission from all homeowners within 2km.  NSW’s southern neighbor Victoria has been operating under a 2km setback requirement for two years now; over 20 wind projects are in the planning stages, with one in the midst of the approval process.  NSW’s other neighbors, South Australia and Queensland, are also charting cautionary paths, though without absolute 2km limits on the table so far (both have 35dBA noise limits, which generally requires setbacks of 1.5km or more).  As in Australia, the US state of Oregon appears to have a robust wind development environment, despite the widespread use of a 36dBA noise limit, which similarly pushes turbines significantly further away from neighboring homes than is typical in much of the US and Canada.

Ontario towns flock to declare themselves “unwilling hosts” for wind farms

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In the wake of several years of heated wind farm resistance in Ontario, premier Kathleen Wynne said several months ago that the province would aim to site new projects in “willing communities.”  In response, 71 southern Ontario communities have formally passed resolutions declaring their towns “unwilling” (red on map; interactive version here) and another 33 have expressed some measure of concern about local siting (yellow); together, this represents a bit over half of the 197 municipalities in the southern part of Ontario where wind development has been concentrated.   A coalition of these towns formed at an August meeting of the Association of Municipalities Ontario. It remains to be seen whether provincial officials will alter siting decision based on these declarations; provisions of an altered wind strategy appear to focus on “consultations” with localities (rather than requiring local approval of projects) and incentives to encourage local support for wind development.

UPDATE, 12/2/13: The Dufferin County Council has voted to declare the county an unwilling host, become the first county to do so; several town within the county are among the over 90 Ontario towns that have made similar declarations.

Unwilling 500

In a statement issued this week, the coalition of “unwilling” towns said: “Municipalities are seeing the impact of existing turbines on their communities or their neighbours and do not want the same things to happen in their municipality.  The government’s proposals for community benefit programs and community sponsorship do not address the core problems being created when wind turbines are located too close to people.”  Added Wainfleet mayor April Jeffs, “Municipalities are looking for solutions to the real problems, not public relations gimmicks.” 

“The government has indicated that an announcement regarding the guidelines for new large-scale FIT projects is planned for the end of October or in early November,” said Kevin Marriott, mayor of Enniskillen. “Municipalities are looking for real planning authority for wind turbines to be returned to local governments.  Municipalities are better placed than Queen’s Park civil servants to identify local issues that need to be addressed in reviewing wind turbine projects. They also have processes in place to review and approve other complex or controversial building projects within their jurisdiction.”

Earlier, Marriott had noted that while the Premier has spoken about wanting to locate projects in willing host communities, no concrete plans have been proposed to give municipalities substantial input in the siting process, and wind turbine projects have continued to get provincial approval without consideration of municipal concerns. 

UPDATE, 10/10/13: This week, a wind project received provincial approval in Kincardine, one of the towns that has declared itself an unwilling host.  One local council member noted with dismay that the province had embarked on an expensive change of siting for two gas-fired electric plants because the initial communities had not welcomed them, while similar concerns about wind farms are ignored.

Indeed, Wynne made her commitment to continued wind development clear even as she attempted to outline a more responsive relationship with communities, stressing that the province needs to find a way to ensure green energy projects are “going to willing communities.” In a draft of the new FIT structure released in September, there was no mention of communities being able to opt-out, though there are provisions for “local consultations.”  

Her Energy Minister, Bob Chiarelli, has been overseeing the revamping of the FIT, including a new requirement that companies consult with local authorities before going to the province for approval.  “They will have a much stronger voice in all of the significant energy projects,” said Chiarelli “Communities spoke, mayors spoke, and we listened.”  Since localities do not seem likely to get veto power, the formal “unwilling hosts” designations appear to be more of a public statement than marking the establishment of wind-free zones.  The revamped FIT program will include incentives including new funding for municipalities who want to do energy planning; Chiarelli said, “We believe that process will result in a much higher level of buy-in and participation by municipalities.”

Well, maybe not, if the summer and fall rush to declare themselves “unwilling hosts” is any indication; it appears that the Ontario wind wars will be continuing. 

Indiana wind developer sues over 1500ft setback, says zoning chair shouldn’t consider experience with existing wind farm

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Over the past several months, I’ve been watching with interest an apparently growing concern in farm country about wind farm setbacks.  Several counties in Indiana and Illinois have been moving toward somewhat larger setback requirements after living with a first round of large-scale wind development.

This week, juwi Wind filed a suit challenging recent decisions by the Tipton County Board of Zoning Appeals, which in March approved a conditional use permit for the proposed Prairie Breeze Wind Farm, while requiring a 1500ft setback from non-participating property lines.  The county zoning ordinance requires just 1000ft from non-participating homes, and in July, juwi requested that the permit conditions be changed to 1400ft from non-participating homes and 750ft from non-participating property lines.  juwi claims that their request for this change was summarily rejected by the BZA without the required public hearing at which they could make their case.  (Ed. note: It appears that the conditional use permit has no provisions for easements from landowners willing to live with turbines closer to their homes; the vast majority of turbine locations planned by juwi are closer than 1500ft from neighboring property lines.)

Wildcat 1 SmallIn addition, juwi is making provocative claims that BZA chair Jerry Acres is no longer capable of making an unbiased decision, thanks to comments he’s made suggesting regrets about his support of the Wildcat Wind Farm (left), which began operating early this year and has generated complaints from at least 20 homeowners.  At the March hearing at which the Prairie Breeze conditional use permit was approved, Acres said, “On the E.ON vote (approving the Wildcat Wind Farm), I looked more at the financial gains than probably the long-term losses. I probably didn’t do my homework on E.ON and that’s what I’m saying.”  Acres also said at that meeting that he’s had some personal experience with siting issues, after visiting a friend who lives near Wildcat.  This apparently straightforward response from a public official who is charged with understanding the consequences of his decisions is attacked by juwi; the complaint alleges that “these comments from the Board’s President, Acres, demonstrate that he was not unbiased and objective, and that he improperly injected his personal feelings into the matter, for whatever reason.”

Neighboring Howard County has settled on an increase from 1050ft to 1500ft from non-participating homes, along with a decrease in the noise limit from 55dB to 50dB, as Wildcat Wind Farm moves into Phase 2 and 3. Two other counties have enacted formal or informal bans on wind development; Marshall County formally banned wind farms, and Clinton County passed a non-binding motion to stay windfarm free. “I tell you, it’s not about money, it’s about people with me,” County Commission President Skip Evans said. “It’s about quality of life. It’s about all the citizens of Clinton County, not just those who stand to profit.”  

Meanwhile, Delaware County has paused for two years, waiting to see how recent wind farm developments in the region work out before settling on a development plan.  Tom Green, chair of the city-county plan commission, said in his proposal to pause, “I have noted many changes in policies around the country regarding this issue, some of those changes are a complete reversal of existing policy. Let us not make the same mistakes or reactions in providing guidance for our community.” 

Film features the stories of Fairhaven wind farm neighbors

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Fairhaven Film ScreenshotA new film from Fairhaven, MA, features the compelling real-life experiences of several local residents who live close enough to the wind turbines to hear them on a regular basis.  The film, entitled Too Close, has a calm and caring tone, and is free of side-issues that can at times clutter the wind turbine siting debate (e.g., economic or carbon-reduction arguments), and focuses nearly solely on audible noise, with only a brief mention of infrasound.  Also, refreshingly, quality of life (including sleep disruption and intrusion in backyard solitude) is given as much or more attention as more acute health effects, and the film is free of the more alarming/alarmist claims that are featured in some other concerned citizen documents.

The 44-minute film can be viewed here.

There are just a couple of things I would add for context, which may be useful as you consider these stories from a range of “regular” people dealing with this new noise in their local soundscape.  First, though it’s mentioned in passing a couple of times, some of the issues, especially shadow flicker, but also noise for some more distant residents, are more problematic at particular times of year. For the closest residents, it can be daily or near-daily, while at other places, the problems may at times recede from the intensities described here.  When interviewees speak of things that happen “sometimes” or “some days”, it’s not always clear how commonly (how many days a month, hours a day, or months of the year) these experiences occur.

Also, as in every town with noise issues, these hardest-hit residents are a minority of nearby residents.  Surprisingly, few solid surveys exist to help us get a better sense of the proportion more severely affected, but some numbers from Fairhaven offer a sense of it.  There are just over 700 homes within 3000 feet, and residents of at least 56 of these have filed formal complaints; that would represent about 8% of homes, a small proportion, but a significant breadth of impact.  In this video, all or nearly all of the residents live significantly closer (950-2100ft); it’s quite likely that most of the complaints come from this closer zone, and that somewhere between 10-20% of closer homes have complained.  Also, we need to bear in mind that not everyone is comfortable publicly complaining; doubtlessly, more than 56 homes are experiencing issues similar to those discussed here.

A valid question can be raised about how high a proportion of negative impact is acceptable around any new infrastructure or industrial development.  Some will surely argue it’s reasonable to expect to impact 5-10% (or even 20%) of nearby residents, while providing social benefits for many more.  Yet, in a small town, when over 50 families are having their lives disrupted, it can cause a serious rupture in the local social environment; this “tearing the community apart” effect has been stressed in many other locales where noise became an issue.  As reasonable as it may be to suggest that “you can’t please everyone,” it’s also entirely valid for towns to consider the effects on their sense of local community if dozens of homeowners were to become aggrieved at a proposed new development.

All in all, this film provides a credible and compassionate look at the personal side of an issue that is often swept up into polarizing hyperbole and self-serving rhetoric from both sides.