Massachusetts Model Amendment to a Zoning Ordinance or By-Law: Allowing Conditional Use of Wind Energy Facilities

June 2011

By: Massachusetts Department of Energy Resources

https://www.mass.gov/files/documents/2016/08/sm/wind-not-by-right-bylaw-june13-2011.pdf
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Wind Energy

This model ordinance provides a template to help cities in Massachusetts develop regulations for small, large, and building integrated wind energy systems. It permits small-scale wind energy systems by right, subject to use-specific standards and allows larger or building-integrated systems with a discretionary use permit.

It includes general use-specific standards that apply to all wind energy systems (§§3.8 – 3.11). These include appearance, lighting, advertising, signage, utility connection, appurtenant structure, height, access, setback, shadow flicker, sound, land clearing, erosion, habitat protection, monitoring and maintenance, abandonment and decommissioning standards.

It limits the height of small wind energy facilities to 250 feet. However, small wind energy systems may exceed this height limitation if the applicant demonstrates:

  • the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;
  • such excess height is necessary to prevent financial hardship to the applicant, and
  • the facility satisfies all other criteria for the granting of a building permit under the provisions of this section (§§4.2 a–c).

It also includes standards and procedures for large (§5) and building-integrated (§6) wind energy systems.


Massachusetts