CHAPTER 7
Navigating Permits and Zoning
Given the fact that you can count on one hand the number of other towns in Maine that have a wind turbine ordinance—if there’s any at all—I think it’s unrealistic to expect us to get together an ordinance from scratch that covers all the safety issues.
–STEVE BENNETT1
Here is a test to see if you need to read this chapter:
Construct a 30-foot pole made of PVC tubing, and install it vertically directly on your most visible property line. Then raise your national flag positioned upside down, or some other highly provocative banner. In addition, play a looped recording of any audible sound of at least 60 decibels as measured from the nearest neighbors. Next, stand on your roof and angle a handheld mirror toward the sun, then flicker the reflection toward the most trafficked streets in your neighborhood.
If you do not receive any form of feedback from neighbors, passersby, or the municipality, you do not need to read this chapter. For the rest of us, read on before you buy your wind system equipment. If you already bought your turbine and other gear, keep it boxed up, and don’t advertise your recent purchase just yet.
In the good ol’ Ancient Near East, during Hammurabi’s time, the first known building code specified:
If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death.
Things have changed a bit since then, but municipalities are not typically known to keep up rapidly with the technologies.
As you may know, a building permit is required in most jurisdictions for any new construction, for adding on to pre-existing structures, or for major renovations. Typically, the construction project must be inspected during building and after completion, and an official must certify that you met national, regional, and local building codes. If you are caught without a permit, you may be fined and your new structure could be demolished. Luckily, you aren’t put to death, right?
This chapter discusses the unavoidable, and sometimes most difficult, part of the process: the paperwork and public relations. We will provide a survey of typical ordinances and will walk the reader through understanding local laws, as well as how to avoid or get around obstacles, so you can get your dream system up and running in as little time as possible (Figure 7-1).
FIGURE 7-1 The Bergey Excel 10 kW wind turbine is designed to supply most of a home’s needs with an average wind speed of 12 mph. Bergey Windpower/DOE/NREL.
Getting Started on Permits
First, let’s find out what you need to do by calling up your local municipality and requesting all forms you’ll need to get your project authorized. A good place to start is your town’s website, or do it old-school and drop on by city hall.
Step 1: Contact Your Municipality
“Hello, my name is [your name], and I live at [address], and we are planning to install an appurtenant structure on our [residential/commercial/agricultural/industrial] property. Would you please tell me what resources, such as zoning regulations and permits, pertain to this?”
Notice: There was no mention of a “wind turbine.” At the beginning, it is best to be on the safe side and not specifically alert local town officials that you intend to build a 50 kW wind turbine in your vineyard, until such time that you and/or your contractor have read through the existing zoning ordinances so you are prepared to best make your case. Instead, we used the term appurtenant structure, which we introduced in Chapter 6. An appurtenant structure is usually defined as a non-dwelling additional structure—such as a garage, silo, barn, tower, or satellite dish—on the same premises as the main building, but of lesser value.
You may have online access to your local building codes, which makes your research even easier. You may also try the free website ecode360.com, which contains many local codes for the United States and Ontario, Canada. Some municipalities may have a small fee, but from your sofa, you can now look up, search, copy, and paste your code. Other countries might have something similar, so check it out. It makes it easier to complete step 2.
Step 2: Read the Code
Bunker down and read the building code. It will save you headaches later. In addition to references to appurtenant structures, you are looking specifically for info on an accessory wind turbine. However, if there are no such regulations, don’t rush ahead with your project assuming that you are in the clear. There might not be code specific to obelisks made of Jell-O, either. That is a quick way to get mail that says something to the effect of “cease and desist,” along with a code violation number and a hefty tariff, not to mention a less-than-empathetic building inspector.
It is likely to be most beneficial to find and highlight regulations that may be related to wind turbines, such as: 1) height limits, 2) noise limits, 3) structure usage or purpose, 4) setback distances, 5) visibility, 6) protected zones, and 7) aesthetics. If you are fortunate to obtain the online version of your code, use your search engine or browser to sift for these key words through the small novels of legal and technical jargon. If you are toying with putting a turbine in various locations and want to compare building codes between jurisdictions, you might want to create a comparison chart with each of the aforementioned key words at the top of the columns, and make a row for each corresponding area.
Kevin was recently asked to assist several towns with modifying the building code to accommodate wind turbines, and he used a similar comparison chart, which was helpful in the process. One thing he noticed is that certain towns had a detailed list of acceptable adjusted decibel levels for every hour of the day. They went to the extent of denoting frequencies, duration, and intensity, as if their regulations were being published in a peer-reviewed audiology journal.
Power Up! More and more local zoning regulations do specify “wind power turbines,” “wind energy generation accessories,” or even specify the type of wind turbine—wind farm, industrial, utility, residential. In this case, you have been rushed to the front of the line and provided special client access. Now, you just need to know if the legislation gives you the green light. Either way, the paperwork begins.
Step 3: Complete Applications
You are about to install a rather sophisticated piece of equipment, and your local government may not be familiar with it. You are (probably) not a Doctor Frankenstein creating some abomination. However, the community has a right to know about this alleged “beast” in case they need to mitigate some unplanned incident. And we would like to share with you some tips, terms, and concepts that make this process a breeze. Hopefully, it will head off any pitchfork-wielding mobs.
As you may know, most places have some form of zoning rules, which specify which land can be used for what purpose—agricultural, industrial, residential, “mixed use,” and so on. Zoning is often even more detailed than that, specifying maximum square footage, building height, number of parking spaces, lot size, and so on. The concept has been around since ancient times. If you live in a true wilderness area or a rare community without it, you may be able to skip over the concept of zoning. But some of the other aspects of this chapter may still apply to you, including national building codes.
Some salient features of zoning are discussed in the following sections.
Permitting Fees
As fun as they are, a wind turbine is not a toy (Figure 7-2). It is a device that requires knowledge of mechanical engineering, construction, electricity, safety procedures, and even psychology. So don’t be surprised if you are required to submit a building permit, use permit, zoning permit, or “plot plan.” Permitting requirements, procedures, and fees vary widely among counties, from waived fees to thousands of dollars. A range of $400 to $1,600 is typical.
FIGURE 7-2 In April 2010, the tenth Kansas Wind for Schools project was installed at Hope Street Academy in Topeka, with support from the DOE’s Wind Powering America. Ruth Douglas Miller/DOE/NREL.
Keep in mind that there also may be other fees for public notification, hearings, or even environmental impact studies. Find out what fees you face and offer to provide documentation that proves they are unnecessary. If a fee seems excessive, ask if you can get it reduced or waived. As we’ve mentioned before, oftentimes your best strategy is pointing out that small wind turbines avoid many of the issues that surround utility-scale machines.
Conditional (Special) Use Permits
While reading the building code you might have noticed a reference to a conditional or special-use permit. Look at that, you are special!
Technically, a conditional or special-use permit allows a certain specified structure, as long as all the stated conditions are met. So if zoning rules specifically list your type of wind turbine (micro, home, farm, etc.) as an approved conditional or special use for your property, then you need only comply with the conditions, which usually cover minimum lot size, tower height, setbacks, and electrical code compliance. The manufacturer or dealer of the wind turbine system, and certainly the registered installer, should help with the documentation.
To receive a conditional permit, you may need a public hearing at a plan commission or city council. Of course, this means the decision whether or not to grant the permit can become politicized. If you are hoping to build a wind turbine in a residential neighborhood, the local zoning authority may want to review the potential impact on the area.
Use Variance
This is the step that we see as the walking-on-eggs challenge. If the zoning specifies that small wind turbines are not an allowed use at your site, you won’t be able to apply for a conditional-use permit. Instead, you will need to apply for a use variance. Similarly, even if your zoning code doesn’t explicitly bar a turbine, some other aspect of the regulation might effectively exclude it.
A use variance is simply a project-specific exemption from local zoning rules. Most zoning systems have a procedure for granting variances, which are often supposed to address some perceived hardship on the part of the property owner.
When it comes to wind turbines, height restrictions are the most common obstacle, since many zoning rules prohibit any structure higher than 35 feet, unless exemptions are already in place for wind energy systems. That height restriction is commonly on the books due to the historic fact that firemen were formerly unable to fight fires higher than 35 feet, given the limitations of wooden ladders and old water pumping technology. Today, that’s not a problem, but residents often defend the height limit because they are afraid that taller structures would hurt the character of the neighborhood.
So without an exception, you may need a variance for a turbine tower. If you need to appear before a planning board, do some prep work to be able to provide answers to an audience of your peers. We hope you took public speaking in school.
Your application for a variance should cite the specific rule (e.g., Section 32.1: Height Limit). The catch is that you need to show adequate reason for the requested exception. You need to prepare an argument that your installed wind turbine (1) compensates for some unnecessary hardship, (2) is needed for reasonable use, (3) does not alter the essential character of the neighborhood, (4) and/or is the least intrusive solution.
Explain that the impact of your wind system will be minimal (Figure 7-3). Calmly point out other tall structures your neighbors already accept: water towers, cell phone towers, radio antennas, satellite dishes, and so on.
FIGURE 7-3 If you live in the wilds of the American West, you may not be subject to any zoning, meaning you can build as many small wind turbines (like this Ampair 600) as you like without a variance. Ampair.
Secure the Permit Before Buying Your Equipment
We definitely recommend that you secure the required permits before purchasing any wind system equipment. If you build first then ask for permission later, you may anger your zoning committee, giving them reason enough to deny your variance. Expect to pay a nonrefundable application fee, and possibly preparation fees if you have someone else help with your application.
Picture This
To apply for a variance, you may have to submit a detailed structural plan drafted by a licensed engineer, but sometimes documents from your turbine manufacturer or dealer may suffice. We included Kevin’s wacky design for a wind turbine to be installed in Nicaragua, made with a free Google application called Sketch-up. It has many models from which you can select to build your own wind turbine design and place it on your site in the Google Earth map for all to see.
Resources
Sketch-up
Google Earth
Love Thy Neighbors
Your primary strategy should be one of diplomatic public relations. While it isn’t supposed to be that way, a zoning application can easily morph into a popular referendum on an issue—say, wind power, renewable energy, or land use in general—or it could become a “trial” on an applicant’s reputation and character. To be prepared, try to build good, open relationships with your neighbors long before you apply for permits.
Also be aware that some regulations require that you give notice of your plans to anyone living or working within 300 feet of your proposed site. We recommend notifying neighbors further than that as well, and before you even apply for a permit or variance (Figure 7-4). That courtesy will often head off full-blown opposition. A letter like the following suggested by American Wind Energy Association (AWEA) can help address many common concerns.
FIGURE 7-4 Some of Kevin’s neighbors are angry at his unique green dome house, which has taught him that it’s a good idea to foster open communication before you start any major projects. Kevin Shea.
Dear Neighbor,
You may be interested to learn that I plan to install a small wind energy system on my property at [site address]. This modern, nonpolluting system will generate electricity solely for my own use, reducing my dependence on the local utility. Any excess generation will be supplied to the utility system, and I will receive compensation from my utility for this exchange at the rate of [$/kWh] (or, will not receive compensation from my utility).
I plan to install a [turbine make and model] that will be mounted on a [height] foot/meter tower, set back [distance] feet/meters from the street, and [distance] feet/meters from the [north, south, west, east] property line. This wind turbine uses a blade [length] feet/meter in diameter, and has only [quantity] moving parts. It does not turn on until the wind reaches at least [number] mph (m/s). On calm quiet days, the wind turbine doesn’t make any noise. When the rotor is spinning, the audible sounds will reach no higher than [number] decibels (dBa), at a distance of [number] feet (meters) from the wind turbine, equivalent to the sound level of a [conventional household item emitting sound levels which will barely be audible over standard ambient noises caused by the wind].
[Manufacturer] located in [city, state] has installed [number] of [turbine make and model]. They have been certified by [authorized certifying agency, e.g., AWEA] for meeting stringent performance and safety standards, and have a proven track record of producing energy quietly, cleanly, and safely. If you have any questions about the proposed installation, please feel free to contact me at [contact information].
Sincerely,
[Your name] (signed in blood)
Be aware that local ordinances sometimes attempt to issue stringent code that goes beyond the rules of the United States Federal Aviation Administration in terms of clearances for aircraft. If you find that to be the case, you might question the municipal officials on their authority on the issue, and for their reasoning.
INTERCONNECT
Going Off the Grid as a Matter of Principle
When Maynard Kaufman moved into a saltbox house in rural Bangor, Michigan ten years ago, he made a conscious decision to go off the grid (Figure 7-5). “I would do it again,” Kaufman told us in an interview over the phone.
FIGURE 7-5 When Maynard Kaufman moved into this house in Bangor, Michigan ten years ago, he could have spent $10,000 to connect to the grid. Instead, he spent $30,000 on a solar power system and $12,700 on two wind turbines. PJ Chmiel/Flickr.
Kaufman could have connected to the grid for $10,000. Instead, he opted to spend $30,000 on a solar power system and $12,700 on two wind turbines. “It was totally a matter of conscience,” Kaufman explained. Specifically, he told us he bought a 1-kilowatt PV array on a tracker and two Southwest Windpower 1-kilowatt-rated turbines.
Kaufman retired from teaching environmental sciences at Western Michigan University, and he has long been active in the local organic farming movement and with green and anti nuclear power groups. Calling his home Sunflower, Kaufman explains on his website (www.michiganlandtrust.org) that he wanted to live as free as possible from nuclear and fossil fuels. He also hoped to establish an ecovillage in the area dedicated to clean and self-sufficient living, but he told us the plans fell through during the recession.
Kaufman explains on his website that during the cloudy Michigan winters, he gets most of his energy from his Southwest Windpower Whisper H-80 wind generators, which are mounted on 4-inch pipe 66 feet high. “This so-called hybrid system, using both sun and wind, is an extremely necessary part of the total system,” Kaufman wrote (Figure 7-6). He told us, “Because we use energy-efficient appliances that is a great plenty, but I do not bother to keep records.”
FIGURE 7-6 Kaufman, a retired professor of environmental sciences, said his decision to go with renewable energy “was totally a matter of conscience.” His two Southwest Windpower Whisper H-80s are rated at 1 kW each and are mounted on 4-inch pipe 66 feet high. PJ Chmiel/Flickr.
In addition to producing its own renewable energy, the Sunflower house is loaded with passive design elements, including earth sheltering (Figure 7-7).
FIGURE 7-7 “Sunflower,” as Kaufman calls his home, also boasts high-efficiency appliances and passive design elements, including earth sheltering. PJ Chmiel/Flickr.
Kaufman told us, “When I built our house with renewable energy ten years ago there was not yet a market for surplus energy. If I did it now I would try to sell the surplus back to the energy utility and use the grid for storage instead of batteries. I replaced them after 9½ years at a bit over $4,000, double the price I paid for the first set. I would also include more circuits of 24-volt DC power in the house.”
Taking a broader view, Kaufman said, “The general issue is the value of distributed versus centralized energy production. Production where it is used avoids line loss and is more efficient. Also, as the grid gets older it is more subject to breakdown and outages, a problem that home power avoids.”
When asked for advice for others interested in home wind power, he said, “The main thing to recognize about wind turbines is that they are more difficult to set up than PV panels. Also, they are really used only in rural areas with plenty of space. Many people are interested in renewable energy installations, but are put off by the up front investment. Yet they buy vehicles that are even more expensive.”
Step 4: The Hearing
If you are required to attend a public hearing, you need to be prepared. Ironically, despite the name, there often isn’t a lot of listening at a public hearing, but we offer some helpful suggestions based on sound advice from small wind installer and author Mick Sagrillo.
Shoot the Breeze
In addition to an aforementioned formal letter, chat up your project with key neighbors well in advance of a public hearing. Answer questions in a friendly, nondefensive manner. Allay fears by distributing appropriate articles on wind turbines or equipment specifications whenever the opportunity arises.
Engage Officials
Remember that zoning officials live in your community and must answer to the voters. Also remember that discussions are probably not going to be limited to your zoning hearing. They will take place in the officials’ religious buildings, down at the hardware store, and in the local bar or restaurant. Avoid meetings in bathrooms.
Work the Media
Get your local newspaper or news website to do a story on your proposed wind energy project. You can even write and send out your own press release. Include as many facts and benefits as you can. Sagrillo suggests staying away from any negative aspects of the project. Many communities are also now using some sort of social media, such as Twitter, Facebook, blogs, and so on. Join them and let them know what you are doing or give some wind turbine facts. Or start your own account, and invite others to join you.
Supporters Needed
When it comes time for your zoning hearing, pack the room with local supporters. Again, zoning hearings are not supposed to be popularity contests, but they often end up that way. If you find a vocal advocate—actor and activist Leonardo DiCaprio might be available—invite them to speak on your behalf. Also, seek out and invite anyone in your community or nearby who has successfully installed a wind turbine.
Hot-Air Rule
Presume that meetings could get out of hand. Unfortunately, local zoning committee members rarely have training in how to facilitate meetings, Sagrillo warns. There may be an especially vocal attendee who doesn’t respect the rules. If the discussion devolves into a shouting match, try to appear calm while sweating or soiling in your suit. If things seem unmanageable, suggest that the meeting be continued with an independent neutral facilitator.
Instant Rebuttal
At the zoning hearing, you are the alleged expert, and the focal point. Control the flow of information. Sagrillo suggests responding immediately to all wild claims about wind generators and insisting that extraordinary claims require extraordinary proof. It isn’t hard to find the websites that opponents usually grab their information from. Some are notorious for misquotes of valid resources, or they often transfer what is in the news about large wind turbines directly onto your small turbine. Often the sentence, “That applies only to larger utility wind turbines,” could resolve most claims (Figure 7-8).
FIGURE 7-8 Oftentimes, your best defense at a hearing is to point out that someone’s objection to wind power applies only to utility-scale turbines … such as this 20-turbine installation in upstate New York. Kevin Shea.
Just the Facts
Sagrillo suggests coming to the meeting with copies of fact sheets on the issues that are likely to be raised, addressing concerns about property values, noise, bird kills, TV reception, or any other topic that arose during your preapplication PR campaign. Remember that long involved articles will probably not get read, so use brief bulleted lists and a few paragraphs, with citations from independent authorities. We provide an authoritative quicksheet so you can confidently and concisely address some of the myths and misconceptions in a few choice words.
Don’t Know? Get an Expert
If an important question comes up that you do not have the answer to, make like a lawyer on a TV show and ask for a recess. Ask to continue the meeting later so you can look into the issue. If the question seems important, ask an expert to the next meeting to support your position. For example, a cell phone technician can explain that towers do not cause TV or radio interference, Sagrillo suggests.
We Will Get Back to You on That
Sagrillo also suggests that you can avoid delaying tactics by opponents by suggesting “homework,” with due dates for yourself or the zoning committee members. This will keep things moving, and may give you a chance to talk to committee members privately to better understand their primary concerns.
Resources
AWEA small wind turbine permit bit.ly/aweapermit
AWEA small wind factsheet bit.ly/aweafacts
Utility Approval
Without a doubt, no grid-connected small wind energy system can be erected, constructed, or installed until the utility gets on board with the plan. The project size and details must be approved by the utility, and all required interconnection paperwork must be submitted before construction can begin (Figure 7-9). Contact your utility and follow their instructions for approval.
FIGURE 7-9 Before your utility starts accepting power from your wind system, you need a net metering agreement in place. You also may have to prove that your equipment meets safety standards. Brian Clark Howard.
Step 5: Engineering Verifications and Inspections
For better or worse, engineering verification of small wind turbines is not currently routine, since the industry is relatively small and immature. However, there is a good chance your local town building inspector will pay you a visit once your project is complete, or even during construction.
Kevin remembers the day his town inspector came to check out his Skystream. The inspector claimed no experience in wind turbines, and just asked how high the turbine was and if it was approved by the power utility. He then provided his stamp of approval. To be prepared for an inspection visit, have your system’s specifications and certifications in a handy place. If you have any concerns about what you might need, check with the manufacturer.
Be aware that although a wind turbine might meet certification by a nationally recognized testing laboratory, such as the Small Wind Certification Council (SWCC), building inspectors are not necessarily going to accept this without reservations. Remember, SWCC certification is primarily a verification of durability, function, power performance, and acoustic characteristics of small wind turbines. It does not ensure that the wind system necessarily meets the local electric code.
Underwriters Laboratories (UL), the gold standard in product certification, has announced that they are in the process of creating two new small wind turbine standards to address this issue:
• UL 6142 Small Wind Turbine Generating Systems
• UL 6171 Wind Turbine Converters and Interconnection Systems Equipment
Once complete and deployed in the field, a UL rating should help smooth over conversations with inspectors, who are likely to be familiar with the Underwriters Laboratories name.
Brief Checklist
Here is a handy checklist to help you get through the permitting process, which we modified from AWEA’s checklist.
1. Contact your county planning department or permitting agency.
• Find out if small wind energy systems are addressed by local ordinance and, if so, get a copy of the law. (If not, see item 2.)
• Learn the relevant permitting procedures.
• Ask what documents you’ll need. Are you required to submit plans from a consulting engineer, or will plans from the turbine manufacturer or dealer suffice?
2. Review the applicable standards and restrictions.
Small wind energy systems need to meet local rules, which may include:
• Contact your utility or local building department, which may refer you to the website of AWEA or another certifying agency for a list of certified small wind turbines.
• Standard drawings of system electrical components and an engineering analysis of the tower may be required to show compliance with building codes.
• Local ordinances sometimes attempt to issue stringent code that goes beyond the rules of the United States Federal Aviation Administration in terms of clearances for aircraft. If you find that to be the case, you might question the municipal officials on their authority on the issue, and ask for their reasoning.
• Other siting restrictions: Small wind energy systems may be subject to local restrictions that relate to coastal areas, scenic highway corridors, or other specially designated areas.
• Ensure your turbine will be in compliance with state and national codes. Your local municipal building office should advise you of this.
3. For grid-connected systems:
• Get approval from your utility. You may need to show your permitting agency that you have, in fact, informed the utility of your intent to install an interconnected wind generator.
• Apply for any rebates you may be eligible for.
• Apply for your interconnection agreement. Fortunately, many utilities now have simplified, consumer-friendly interconnection agreements, which spell out the terms of net metering and technical rules. Utilities are often required to process these applications within one month.
4. Notify your neighbors.
• Some communities require that you give notice of your plans to anyone living or working within 300 feet of your proposed site. We recommend notifying neighbors further than that as well.
5. Comply with permitting requirements.
Permitting requirements, procedures, and fees vary widely among counties and countries.
• Building permit, use permit, zoning permit, or plot plan fees can range from a free waiver to $1,600, or a certain percentage of the total expense to install.
• Other costs for public notification, hearings, or environmental impact studies may range from a few hundred to several thousand dollars.
• If a particular fee seems excessive or inappropriate for your situation, find out the basis for it. You may be able to avoid it or have it reduced!
• Your system might need to be installed by a licensed local contractor.
• Obtain a final inspection sign-off prior to claiming your rebate. Net metering provisions usually take effect when the permit is obtained or the wind turbine begins operation.
Summary
That wasn’t so bad, was it? While the permitting process is rarely fun, it is an essential part of every construction project, and small wind systems are no exception. Making sure all your t’s are crossed before you break ground will go a long way toward making sure you avoid major headaches later.
Plan ahead, read all the relevant rules for your jurisdiction, and work with your utility if you are going to connect to the grid. If you need to get a zoning variance from your town, we’ve provided some pointers on making the process go smoother (Figure 7-10).
FIGURE 7-10 Oftentimes, a good strategy when applying for a variance is pointing out other tall structures that the community already accepts, such as water towers (pictured) and cell phone antennas. Nigel Chadwick/Wikimedia Commons.
Don’t forget, your installer and/or manufacturer is likely going to be an invaluable resource in helping you navigate the permissions process. It is certainly in their best interest to see you get the permit, and they typically have a lot of experience in getting things done. (One more reason to go with experienced providers with a proven track record.)