HomeMy WebLinkAboutWind Power Doc
MEMORANDUM
March 29, 2010
To: Deschutes Board of County Commissioners
From: Chris Bedsaul, Associate Planner
Subject: Using wind for generating electricity in Deschutes County.
USE OF WIND POWER
The use of the wind’s power is both old and new. From moving everything from large
and small sailing ships across the oceans of the world, pumping water out of the ground
and producing electricity for personal or commercial purposes. The use of wind
powered structures, such as “windmills” or turbines has been used for many years prior
to creation of any governmental regulations that may restrict their use.
The American Wind Energy Association (AWEA) located in Washington D.C. provides
nationwide information on the use and operation of micro to major commercial wind
power producing facilities. My research of AWEA and other internet data sources has
determined there are various zoning ordinances created by Counties and Cities
throughout the country for the regulation of personal use wind powered turbines for
generating electricity. Almost all of the zoning ordinances I reviewed contain regulations
regarding minimum lot size, setback distances, noise levels, tower height limits based
upon property size, clearance of the turbine blades above the ground, safety issues
regarding FAA, restoration requirements due to abandonment, maximum tower heights
up to 75 feet for residential purposes, visual impacts and prohibition of advertisement
signage. According to AWEA, the 35-foot height limit in many zoning ordinances dates
back to the early 1900’s as the typical height that firefighting engines could pump water,
and this restriction is clearly not applicable for today’s modern fire fighting equipment
that may respond to the site of a residential wind powered turbine mounted on the top of
a metal pole or lattice-work structure.
AWEA and wind powered turbine manufacturers recommend that an electricity
producing wind turbine blade be at a minimum height of 25 to 30 feet ABOVE any
physical barriers such as trees, buildings, bluffs or other obstructions within 300–500
feet from the tower supporting the wind turbine.
REGULATING WIND POWER IN DESCHUTES COUNTY
A “structure” is defined in Deschutes County Development Code as "something
constructed or built having a fixed base on, or fixed connection to, the ground or another
structure. A wind powered turbine is typically installed on the top of a metal mono-pole or
lattice-work tower that is attached to the ground by a fixed base typically made of concrete
and, therefore, is a “structure”.
The Deschutes County Code (DCC) currently has language that regulates utility
facilities, including major structures owned or operated by a public, private or electric
cooperative for the generation, transmission, distribution or processing of its products.
The small-scale wind powered turbine, generating electricity for personal use, is not
defined as a utility facility structure and, therefore, is subject to height restrictions in any
zone.
DCC requires a 30-foot maximum height for “structures” in all zones. However, an
exception to this limitation may be approved up to 36 feet subject to certain conditions as
described in DCC 18.120.040. “Structures” associated with telephone or power
transmission lines, public schools, structures necessary for public safety and flag poles
may exceed the 36-foot height limitation based upon a site plan review process, except
in Landscape Management and Airport Safety Combining zones. No variance to the
maximum structure height of 36 feet is available in the code.
OPTIONS FOR DESCHUTES COUNTY TO CONSIDER REGULATING WIND POWER
STRUCTURES FOR PERSONAL USE
1. No change in the DCC and continued height restriction of 36 feet for personal
use wind power structures.
Effect: Will continue to significantly limit the use of and/or location(s) for the efficient
operation of wind powered structures for generating electricity for personal/residential
use.
See Attachment “A” for selected Oregon Counties that have existing development
codes that regulate the establishment of Small Scale Wind Power structures for
personal use.
2. Require an applicant to initiate a DCC Text Amendment to allow the use.
Effect: This option would place a financial burden on an applicant when compared to
the installation cost of a single location for a personal use wind powered turbine and
tower structure. However, it would cover the costs of creating the policy necessary for
the use.
Staff Note: The current minor code changes application fee is $5,000. This fee
amount would be for adding a height exemption for personal use small scale wind
power structures and because the change would not plan additional restrictions
on the use of the property, it would not require Measure 56 Notice.
COUNTY REGULATIONS FOR WIND POWER STRUCTURES Page 2 of 6
3. If the BOCC determines there is a County-wide interest in promoting and
regulating the siting of wind powered structures for personal use generated electricity it
could direct CDD to conduct a legislative process to amend the code.
Effect: Permitting wind power structures for personal use electric power generation
would require a code Text Amendment. A Comprehensive Plan Amendment may also
be required to recognize the County-wide importance of wind power generating facilities
for personal use. Financial impacts to CDD for staff time in completing a Text and
Comprehensive Plan Amendment would be the $5,000 in fees not paid.
BOCC Options To Consider For Text Amendment Process
Based on Attachment “A” Summary
1. Text Amendment to exempt the height limits of non-commercial small scale wind
power structures and define as an accessory to residential use in all zones.
2. Text Amendment to exempt the height limits of small scale wind power structures
up to 75’ (including turbine blades) in rural residential zones, subject to Site Plan
Review.
3. Text Amendment to add a new “Wind Energy Systems”, in Title 18, Chapter in
18.116, Supplementary Provisions.
COUNTY REGULATIONS FOR WIND POWER STRUCTURES Page 3 of 6
ATTACHMENT “A”
COUNTY CODE REGULATION FOR SMALL
SCALE WIND POWER
STRUCTURES
Clackamas CZO cites a small wind power production facility is not
greater than 80 megawatts; and such facility is more than
50 percent owned by a person who is not a public utility.
Low density zones have a 35’ height restriction and
additional setbacks. Resource zones do not have any
height restrictions. Small wind power facility is outright
permitted in EFU zones for personal use up to 5kW.
Crook CZO has a height restriction of 30’ in residential zones. No
height restrictions in the resource zones.
Deschutes DCC structure height limit of 36’ with minor variance
approval. No other provisions for small scale wind power
structures
Harney HZO only regulates commercial wind facilities. No height
restrictions on small scale wind power structures for
personal use.
Jefferson JZO exempts “windmills” from height restrictions, unless
penetrating airport imaginary surfaces.
Klamath KZO has no provisions or restrictions for small scale wind
power structures, therefore, outright permitted. Residential
zones have a 35’ height restriction; however, small scale
wind power structures may be exempt due to code
accessory uses language.
COUNTY REGULATIONS FOR WIND POWER STRUCTURES Page 4 of 6
Lake LZO (Section 24.18) identifies Renewable Energy Facilities
and lists conditional uses that apply. Small scale wind
power structures are subject to guy wire location, height
limits for the rotor of no less than 75’ from the ground with
lower rotor heights conditionally permitted and wind access
setback distances from property lines.
Marion MZO identifies small scale wind power structures are
outright permitted in the resource zones (EFU) and
Acreage Residential (AR) zone. All other zones have a 35’
height restriction; however, a variance may be applied for
and typically granted in a rural area.
Polk PZO has a new zoning ordinance in Chapter 112.130-137
for “Wind Energy System” for non-commercial purposes.
Umatilla UZO small scale wind power structures that are not
commercial (1mW or smaller) are defined as a utility facility
in resource zones and may be reviewed as a conditional
use. Rural Residential zones contain a 25’ height
restriction for structures. A conditional use permit and
variance review can be applied for in the Rural Residential
zones to increase height limits for a wind power structure.
Wallowa WZO, Article 57, Section 57.015 exempts wind generation
towers for residential or agricultural uses which generate
less than 50 kW (including height restrictions).
Wasco WZO regulates only commercial wind energy facilities. No
apparent height restrictions in the resource zones.
Washington Small scale wind power structures are considered as an
accessory structure and have a 35’ height limit.
Staff Conclusion:
1. Eight (8) out of thirteen (13) Counties noted above have Zoning Ordinance
language that exempts wind power structure heights, location setbacks, scenic
restrictions, etc. when constructed in resource zones.
2. Eight (8) out of thirteen (13) Counties noted above have Zoning Ordinance
language that restricts height of small scale wind power structures between 25
and 75 feet when located within rural residential zones.
COUNTY REGULATIONS FOR WIND POWER STRUCTURES Page 5 of 6
3. Four (4) out of thirteen (13) Counties noted above require a conditional use
review of small scale wind power structures that produce non-commercial
(agricultural or residential) use power between 50 kW and 80 mW
4. All Counties zoning ordinances typically contain language to conditionally
regulate commercial utility facilities.
COUNTY REGULATIONS FOR WIND POWER STRUCTURES Page 6 of 6