Setbacks have been an issue of contention with proposed
Champaign County wind farm.
A Northeast Ohio Republican is pushing for a return to
shorter setbacks for wind farms in Ohio, arguing the rules created in 2014 have
strangled investment in the industry.
The issue of how far turbines should be built from nearby
businesses and residential properties has long been a contentious issue in Champaign County,
where developers have sought to build a wind farm in two phases.
The project’s developers have argued residents are
adequately protected. But opponents have said turbines should be farther from
homes and businesses for safety and to prevent potential nuisances like noise.
Matt Dolan, R-Chagrin Falls, provided testimony in January
on a bill he’s sponsored that would ease the restrictions for potential wind
development. The rules instituted in 2014 nearly tripled the property line
setbacks, he said, and have made it nearly impossible for wind farm developers
to operate in the state.
Senate Bill 328, if approved, would determine setback
requirements based on the height of the turbine and the length of the turbine’s
blades.
Ohio is losing out on millions in investment going to other
states, Dolan said, pointing out that no new wind farm applications have been
filed with the state since the setback increase in 2014.
“The 2014 wind turbine setback is among the most restrictive
in the nation and has created uncertainty for businesses looking to invest in
Ohio,” Dolan said. “Less restrictive minimum setbacks would benefit many Ohio
businesses that manufacture wind turbine components and restore the
multibillion dollar economic development projects statewide.”
In Champaign County the developers of that project recently
filed an amendment to their permit slashing the number of proposed turbines
from about 100 to 50. The Champaign County project, which was split into two
phases, was involved in a legal fight that lasted more than a decade and ended
up in the Ohio Supreme Court.
The setback requirements are a matter of contention in the
Champaign County project. A group of residents opposed to the project argued to
the Ohio Power Siting Board that it appears to use setbacks of 541 feet from
adjacent property lines. That would comply with regulations in place at the
time the Champaign County wind project was initially approved.
But the group argues that if the project is amended, the
tougher setback restrictions should be applied. John Stock, a Columbus attorney
representing the local residents declined comment.
“Accordingly, any amendment to applicant’s certificates made
after Sept. 15, 2014, are subject to the new setback requirements of the act
and each new turbine now is required to be setback at least 1,125 feet from the
property line of the nearest adjacent (non-participating) property,” the
residents argued in a motion to intervene in the case.
Dolan’s bill is working its way through the Senate.
“The current law that was put in at midnight with no
transparency, no public hearings, essentially stifled the wind industry in
Ohio,” Dolan said.
Along with a debate over setback requirements, state
lawmakers are also expected to battle over Ohio’s clean energy requirements.
The controversial mandates were approved by Ohio lawmakers
in 2008. They call for a quarter of the state’s energy to come from alternative
sources by 2025, with half of that coming from renewable sources such as wind
and solar. The law also required utilities to encourage energy efficiency, for
example by offering customers rebates to purchase efficient appliances.
State lawmakers froze the law for two years while a panel
studied its effectiveness. GOP lawmakers have voted to extend the freeze and
make the standards optional. But Ohio Gov. John Kasich has vetoed those
attempts.
Dolan said the setback issue could be tackled as part of a
broader debate later this year over the state’s renewable energy policies.
“There are other energy issues that are also in play, so
there’s some thought about trying to resolve all the energy issues into one
bill, which would include the wind setbacks, returning those to a distance that
allows investment to occur,” Dolan said.
Andrew Gohn is the eastern regional policy director for the
American Wind Energy Association, a wind energy advocacy group. The current
setbacks have functioned essentially as a ban on wind farms, he said.
“As a result, Ohio has fallen far behind its neighbors for
wind farm investment,” Gohn said. “Rolling back this regulatory overreach will
unleash Ohio business opportunities for wind power and the Fortune 500
companies who want to buy it.”
Staying with the story
The Springfield News-Sun has provided award-winning coverage
of a lengthy legal dispute over a proposed wind farm spread across several
townships in Champaign County. The paper has provided extensive coverage over
everything from how the project would be taxed to the project’s potential
impact on residents.
By the numbers:
50 — Number of proposed wind turbines in Champaign County
100 — Approximate turbines proposed in initial Champaign
County project
2014 — Year change was made for setbacks
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