Wind Energy

This report discusses various structures of state and local authority over large, commercial-scale wind energy developments. Table 2 provides a summary of government authority in the states for large-scale wind power.

It identifies key issues which siting authorities “will need to address” whether through state law, state regulatory boards, or local ordinance (p.37). These issues include facility location, visual impacts, safety requirements, setbacks, wildlife and habitat protection, noise, shadow flicker, electromagnetic interference, and decommissioning.

It provides model language for various state siting provisions based on other state statutes (§VI). Provisional model language covers preemption of local government siting, state siting approval accommodating more stringent local requirements, state siting approval preserving local land use regulation, delegation of siting authority to local governments, encouragement of local wind siting, siting standards development by state body, required conformity of local regulation to state standards, setbacks, decommissioning, wildlife protection, and local public review procedures.