Model Wind Energy Conversion Ordinance for Minnesota

Model Wind Ordinance-with explanation (pdf) -
Companion Document to Ordinance (pdf)

Interest and development of wind energy has increased in Minnesota, both in the volume and geographically. During the 1990’s, several counties adopted wind ordinances to address local wind development. Over time, zoning issues have arisen and it was found that modifications to the ordinances were desired to promote the health, safety, morals, and general welfare of the community. To address these issues and provide consistencies between counties in wind development, the development of a model wind ordinance and supporting explanation document were identified as a benefit to all Minnesota Counties who are experiencing wind development, and to the Clean Energy Resource Teams who advocate renewable energy development.

The Model Ordinance and supporting explanatory companion document were prepared in partnership by:
- John Biren, Lyon County
- Annette Bair, Southwest Regional Development Commission
- Kyle Krier, Pipestone County
- Mandy Landkamer, Nicollet County
- Mark Lindquist, The Minnesota Project

Additional assistance is being provided by
- Jannie Hanson, Three Rivers Resource and Conservation Development District

The Model Ordinance and companion document have been reviewed and approved of by the Minnesota Association of County Planning and Zoning Officials.

Wind Turbine Zoning Summary of Standards Counties, Cities, and Townships are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of: “promoting the health, safety, morals, and general welfare of the community”

Key Factors in Model Wind Ordinance

1) Distinguish between Commercial and Non-Commercial wind turbines.
a. Commercial >= 40 kW (or 100 kW)
b. Non Commercial < 40 kW (or 100 kW)
c. Optional: Micro <=1 kW and short tower

2) Define Necessary Permits
a. Commercial:
i. Conditional Use Permit in Ag and Industrial Zones
ii. “Conservation” or special protection Districts – examine purpose of the districts to determine if CUP is appropriate.
iii. Not permitted elsewhere, including Shoreland or Wild and Scenic River
iv. Alternatively – establish a wind energy overlay district.

b. Non-Commercial
i. Permitted in Ag and Industrial Zones
ii. Conditionally Permitted in Rural (large lot) Residential, Highway Commercial, Urban Expansion, Shoreland, Wild and Scenic River
iii. Not-Permitted: Rural Town Site (small lot residential), General Business,

3) Establish Setbacks
a. Commercial
i. Homes 750 feet
ii. Property lines 1.1 – 1.25 x total height
iii. Road Rights-of-Way 1 x total height
iv. Other ROWs to be considered
v. Conservation lands 600 feet
vi. Type III, IV and V wetlands 600 feet
vii. Scenic River Bluffs 500 – 1340 feet.

b. Non-Commercial
i. Property 1.1 x total height
ii. ROWs 1 x total height (or fall zone + 10’)

4) Establish Safety Standards
a. Engineers Certification on system
b. 12’ minimum ground clearance
c. Markings on guy cables

5) Establish Design Standards
a. Tubular towers on commercial turbines
b. White, grey or non-obtrusive color
i. Consideration for aviation warning on met towers
c. Lighting limited to FAA requirement
d. Signage limited to appropriate warnings and turbine mfg / owner on nacelle.
e. Power lines buried
f. Power lines between projects and off-site substations buried.
g. Substations comply with essential service standards
h. Discontinued Use and Decommissioning – considered abandoned after 1 year no production / 90 days for removal. – Plan required

6) Establish Other Applicable Standards
a. Comply with state noise rules (50 decibels at nearest farm house),
b. Electrical codes, and
c. FAA regulations

7) Minimize Infrastructure Impacts
a. Road damage mitigation
b. Drainage system damage mitigation
c. Interference – minimize or mitigate interference with electromagnetic telecommunications.

Downloads
Model Wind Ordinance-with explanation (pdf) - Companion Document to Ordinance (pdf)