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Zoning Regulations
Wind turbines installations are typically subject to zoning laws. Although zoning regulations are in place in numerous cities and towns in North America, some rural areas have none. Homeowners are free to do whatever they want when building or installing a wind system — unless they’re installing a grid-connected system (more on that shortly).
Before you purchase a system, check local zoning regulations to find out if it’s legal to install a wind turbine, and, if so, what restrictions exist. A call to the local zoning and planning office will usually suffice. Building department officials will know, too. If a wind turbine is permitted, you may find that zoning regulations limit tower height to 35 feet, a useless height for those who want to generate electricity. To obtain permission to install a taller tower, you’ll need to apply for a variance or a special use permit — legal permission that permits one to vary from zoning regulations. These
are issued one property at a time.
Obtaining a variance or special use permit may take several months and can cost thousands of dollars. You begin by submitting a formal request to the zoning commission, then attending a hearing with them. You may need to hire an attorney to assist. If others have been granted a variance to install a tower over 35 feet in your jurisdiction, all the better. Legal precedent may make your job easier.
Variances are often granted to permit the construction of tall silos, radio and transmission towers, and cell phone towers. This information could help you obtain a variance as well. Be sure to explain the reasons why a tall tower is required, too. This strengthens your case.
Building and Electrical Permits
Most wind turbine installations also require a building permit. Building permits ensure that the project: (1) is safe, (2) is on your property within required setbacks, and (3) complies with local ordinances, including zoning, if any. They also ensure that your improvement is added to your property records for property tax assessment. Building permits cost from $50 to $6,000, depending on the jurisdiction. To determine if you need a building permit, contact the local building department. This may be a county government office or a city or town department.
Building permits are issued after a review of plans that include a site map, drawn to scale. It indicates property lines and other buildings on and near the site, including nearest neighbors. The map also shows topographic features, easements (if any), and the location and height of the proposed wind tower. Permit applications also indicate the kind of turbine and tower you’ll be installing. If the zoning regulations require setbacks — placement of a tower a certain distance from property lines, streets or overhead utility lines — the site plan and building permit must indicate your compliance with them. Setbacks are required in many cases so that if a tower collapses, which is rare, it falls within the bounds of your property.
Although setbacks can affect the placement of a wind turbine, there are many exceptions made every year. If you can find exceptions in your area, precedent is in your favor. You can also speak with your neighbors about the setback. If they have no objection to the placement of a tower close to their property line, the building department may grant the permit.
Building permit applications often require drawings of the tower foundation and technical information on the wind turbine, including sound levels. Homeowners may rarely be required to submit an engineering analysis of the foundation and tower to demonstrate that both will be structurally sound and comply with local building codes. Engineering analyses are typically provided by the turbine and tower manufacturer and may be stamped by their
own engineer.
Some municipalities require a stamp by a state-licensed engineer, which could cost $500, possibly more. Check requirements in advance. If this is the case, you may want to appeal the requirement. Companies manufacturing towers for wind systems must perform the engineering analysis to secure liability insurance.
Even if not required, it is always useful to submit drawings of the tower and the tower footings when requesting a building permit. This will assure building department officials that your project is well thought out and safe.
Electrical permits may be required to ensure systems are installed according to electrical code. Local officials use the National Electric Code (NEC) to govern the installation of all wiring and associated hardware such as inverters. Codes help protect against shocks and fires caused by electricity. Even if the building department does not require an electrical permit and inspections, the utility may want to inspect the system — if you are connecting to the grid — to be sure your system is safe.
Building department inspectors will visit your site at various stages to ensure that you are doing things correctly. An electrical inspector will also visit at least once to check wiring.
When applying for a building permit, be sure to make it clear that you are planning on installing a small, residential wind machine to offset your own personal electrical demand. Be sure to treat all code officials, including the folks at the front desk, with courtesy and respect. A qualified installer can handle a lot of this for you. Don’t be intimidated by resistance from code officials in the office or at public hearings. You should expect to be treated in a reasonable
and timely manner by everyone involved. Quite often, just letting a building department know that you have consulted with an attorney about your rights as well as your responsibilities will help make the process run more smoothly.
On another related issue, avoid the impulse to bypass the law — not obtain permits. This can create huge problems. Municipalities have the legal right to require a homeowner to remove his or her wind system if a building permit has not been secured. It’s happened.
Obtaining a permit for a wind system may take several months, so apply several months in advance. Don’t buy a wind energy system until your permit(s) have been granted.
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