1. State & Local Regulation of Commercial-Scale Wind Siting James McElfish Environmental Law Institute

2. Local Government Role Local governments exercise some authority over commercial-scale wind facility siting in 48 of the 50 states About a fourth of the states provide for exclusive state regulation or for dual state- local regulation only above a certain project size, and local regulation below that size

3. Regulation of Wind Siting >5 MW Local Siting Regulation Local and State Regulation Local or State ( size; or applicant choice) State Siting Regulation Only

4. Size of Projects Commercial-scale wind projects are large land uses in comparison with other uses regulated by local governments. Total footprint of projects ranged from 9- 100 hectares per megawatt (NREL 2009) 80 percent of projects 10-50 ha/MW. Thus most projects are distributed across land areas of more than 2,500 acres.

5. Local standards Local regulation often requires “learning on the job.” Moratoria sometimes used. Many states and institutions have adopted “model ordinances” to assist local governments. Some states have prescribed standards for local governments (compare MN, WI).

6. State Standards State regulation is evolving Examples – Power New York Act of 2011 – Virginia Permit By Rule 2010 – Wisconsin PSC regulations suspended 2011 – Ohio Wind Rules 2009

7. Subject of Regulation Facility Location Visual Impacts Safety Requirements Setbacks Wildlife & Habitat Pr. Noise Shadow Flicker Electromagnetic Interf Decommissioning Financial Assurance Other – roads, erosion, local impact, maintenance, complaints

9. www.eli.org State Enabling Legislation for Commercial- Scale Wind Power Siting and the Local Government Role (2011)State Enabling Legislation for Commercial- Scale Wind Power Siting and the Local Government Role (2011) Siting Wind Facilities on State-Owned Lands and Waters (2011)Siting Wind Facilities on State-Owned Lands and Waters (2011)