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A little more than a month after the Trempealeau County Board passed one of the most restrictive wind ordinances in the country, the developers seeking to build a wind farm now have told the board to revise or they’ll sue.
A Madison law firm representing AgWind Energy Partners sent the county board a letter Jan. 14 claiming the county zoning ordinance that governs placement, height and noise of wind turbines is illegal because it contradicts the state’s model in several ways.
County Zoning Director Kevin Lein said the letter is threatening but has no substance.
“The consensus was to let it go for now,” Lein said. “We might change our mind.”
The county advisory committee charged with writing the wind ordinance based on health and safety looked at “several” research documents to come up with its recommendation, Lein said. Neither the developer nor the law firm provided any research to support reducing the restrictions, he added.
AgWind approached the county almost 16 months ago requesting to build a wind farm. County residents balked at the idea of living in the shadows of turbines and signed petitions, citing low-frequency noise and other possible health concerns.
The county board wrestled with the ordinance for 14 months, enacting moratoriums during that time to allow for more research. The policy twice was revised before the board appointed an advisory committee.
The board voted 10-6 on Dec. 17 to accept the committee’s recommendation: A 16-page ordinance that required turbines more than 150 feet high — most commercial wind towers are about 300 feet — to be at least a mile from the nearest homes and a half-mile from neighboring property lines. Additional setbacks keep turbines away from roads, railroads, wildlife refuges and other places.
Jim Naleid, AgWind managing director, said the ordinance effectively bans wind turbines from the county.
“It is our opinion that the ordinance Trempealeau County adopted is illegal,” Naleid said. “It violates the state law.”
The ordinance does allow compromises and contracts — called mitigation — with residents, but AgWind believes that will increase project costs and compromise a wind farm’s efficiency.
The county board referred the letter to Trempealeau County Corporation Counsel LaVerne Michalek. He said the board likely will have a new land management department or the advisory committee decide what, if any, reaction is needed.
Lein, who will be working under the new land management department, said he expected the letter. The zoning department receives several letters like that a year, he said.
He said the “law” Naleid cites is Wisconsin’s draft model ordinance, which serves only as guide to counties. Lein expected the state eventually will intervene and set its own regulations, despite Trempealeau County’s hard work.
“Topography is different throughout the state,” Lein said. “It’s hard to regulate something on a statewide basis.”
Amber Dulek is a reporter for the Winona (Minn.) Daily News.
ollie wrote on Jan 27, 2008 6:03 PM: