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Prepared by the NWCC Siting SubcommitteeAugust 2002

Permitting of Wind Energy Facilities

A HANDBOOKREVISED 2002

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Principal Contributors

Dick Anderson, California Energy CommissionDick Curry, Curry & Kerlinger, L.L.C.

Ed DeMeo, Renewable Energy Consulting Services, Inc.Sam Enfield, Atlantic Renewable Energy Corporation

Tom Gray, American Wind Energy AssociationLarry Hartman, Minnesota Environmental Quality BoardKarin Sinclair, National Renewable Energy Laboratory

Robert Therkelsen, California Energy CommissionSteve Ugoretz, Wisconsin Department of Natural Resources

NWCC Siting Subcommittee Contributors

Don Bain, Jack Cadogan, Bill Fannucchi, Troy Gagliano, Bill Grant, David Herrick, Albert M. Manville, II,Lee Otteni, Brian Parsons, Heather Rhoads-Weaver,

John G. White

The NWCC Permitting Handbook authors would also like to acknowledge the contributions of those whoworked on the first edition of the Permitting Handbook.

Don Bain, Hap Boyd, Manny Castillo, Steve Corneli, Alan Davis, Sam Enfield, Walt George, Paul Gipe,Bill Grant, Judy Grau, Rob Harmon, Lauren Ike, Rick Kiester, Eric Knight, Ron Lehr, Don MacIntyre, Karen

Matthews, Joe O’Hagen, Randy Swisher and Robert Therkelsen

Handbook compilation, editing and review facilitation provided by Gabe Petlin (formerly with RESOLVE)and Susan Savitt Schwartz, Editor

NWCC Logo and Handbook DesignLeslie Dunlap, LB Stevens Advertising and Design

Handbook Layout and ProductionSusan Sczepanski and Kathleen O’Dell, National Renewable Energy Laboratory

The production of this document was supported, in whole or in part by the Midwest Research Institute,National Renewable Energy Laboratory under the Subcontract YAM-9-29210-01 and the Department ofEnergy under Prime Contract No. DE-AC 36-83CH10093. Financial support by the Midwest ResearchInstitute, National Renewable Energy Laboratory and the Department of Energy does not constitute anendorsement by the National Renewable Energy Laboratory or the Department of Energy of the views

expressed in the this document.

Cover photo courtesy of Green Mountain Power Corporation

Printed on recycled paper.

Acknowledgments

A HANDBOOKREVISED 2002

Permitting of Wind Energy Facilities

Prepared by the NWCC Siting Subcommittee

National Wind Coordinating Committeec/o RESOLVE1255 23rd Street, Suite 275Washington, DC 20037www.nationalwind.org

August 2002

Preface

This handbook was developed by the Siting Subcommittee of the National Wind Coordinating Committee(NWCC). The NWCC was formed in 1994 as a collaborative endeavor composed of representatives fromdiverse sectors including electric utilities and their support organizations, state utility commissions, state legis-latures, consumer advocates, wind equipment suppliers and developers, green power marketers, environmen-tal organizations, and state and federal agencies. The NWCC identifies issues that affect the use of windpower, establishes dialogue among key stakeholders, and catalyzes appropriate activities to support the devel-opment of an environmentally, economically and politically sustainable commercial market for wind power.

The NWCC Siting Subcommittee was formed to address wind generation siting and permitting issues. Inpreparing first edition of this handbook, published in 1998, members of the Subcommittee drew from theirown experiences in developing and permitting wind projects, reviewed materials used for permitting windprojects at the federal, state and local level, and interviewed over two dozen individuals who have beeninvolved in some aspect of wind project permitting. This 2002 revision of the handbook reflects extensiveexperience with wind project development in several regions of the united states since 1998, as well as theinsights contained in the first edition.

In addition to this handbook, the National Wind Coordinating Committee will be posting and linking to addi-tional permitting-related materials on its web site: www.nationalwind.org. The NWCC also has a series ofWind Energy Issue Papers and Briefs and is developing other resources on wind generation and related sitingconsiderations. For comments on this handbook or questions on wind energy permitting, contact the NationalWind Coordinating Committee Outreach Coordinator c/o RESOLVE, 1255 23rd Street NW, Suite 275,Washington, DC 20037; phone (888) 764-WIND, (202) 944-2300; fax (202) 338-1264; [email protected].

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Table of Contents

EXECUTIVE SUMMARYIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1Summary of Key Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Executive Summary References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

CHAPTER 1 OVERVIEW OF THE PERMITTING PROCESSIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Anatomy of a Wind Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Steps and Participants in Wind Farm Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Chapter 1 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

CHAPTER 2 GUIDELINES FOR STRUCTURING THE WIND FARM PERMITTINGPROCESSTypical Steps in Permitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Principles Common to Successful Permitting Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15Chapter 2 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

CHAPTER 3 SPECIFIC PERMITTING CONSIDERATIONSLand Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22Birds and Other Biological Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24Visual Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28Soil Erosion and Water Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29Public Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30Cultural and Paleontological Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30Solid and Hazardous Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31Air Quality and Climate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31Chapter 3 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32Further References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

CHAPTER 4 CASE STUDIESThe Stateline Project (Oregon) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34Permitting Large Wind Energy Systems in Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37Siting Wind Power in Wisconsin: Making the Case at the Local Level . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

APPENDICESA. Additional Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44B. Noise Measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48

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1. Rows of wind turbines in the Altamont Pass, sited to take advantage of strong summer winds. . . . . . . . .6

2. Today's utility-scale (900 kW) wind turbines feed clean energy to utility grids from rural areas. . . . . . .6

3. Tubular towers in a linear array in South Point, Hawaii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

4. Typical wind farm layout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

5. A large 1.5-MW wind turbine towers over a service car in Trent Mesa, Texas. . . . . . . . . . . . . . . . . . . .10The hub height for this turbine model varies from 65 to 80 meters.

6. A large crane is used to raise a rotor into position. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

7. Agriculture is one example of a wind energy-compatible land use. Here a farmer plows . . . . . . . . . . .23the earth and will raise crops almost to the foot of the turbines.

8. Unconcerned with the rotating blades, a pronghorn antelope grazes near these . . . . . . . . . . . . . . . . . .27wind turbines in Fort Davis, Texas.

9. Compare the visual effect of widely-spaced turbines at a wind farm in Lake Benton, . . . . . . . . . . . . . .29Minnesota (top) with the visual impact of a more densely-spaced array in California’s Tehachapi Pass (bottom).

10. Roads on slopes can have a distinct visual impact, even from a great distance. . . . . . . . . . . . . . . . . .29

List of Figures

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Executive Summary

INTRODUCTIONThe power of the wind was first used to generateelectricity nearly 100 years ago. Today, wind tur-bines in the United States play an increasinglyimportant (though still small) role in meeting ourelectricity needs. They currently produce over10 billion kilowatt-hours of electricity annually—enough to meet the needs of over 1 million house-holds.1 Commercial wind energy projects havebeen permitted in at least half the states. Givenwind energy’s environmental benefits, coupled withdramatic equipment cost reductions and reliabilityimprovements over the last 20 years, it is antici-pated that more wind projects will be proposed forapproval in communities throughout the UnitedStates.

Why Wind Energy?The production of energy is one of the most far-reaching of human activities in terms of its environ-mental impacts. Wind energy and other renewableenergy sources, such as solar and geothermalenergy, offer the prospect of producing largeamounts of electricity with greatly reduced effectson the environment. These and other advantages todeveloping electricity generation using windresources include the following.

• There is growing agreement in the scientificcommunity that air pollution is a serioushealth risk. Electric power plants are a majorsource of air pollution, emitting 70% of totalU.S. sulfur dioxide (SO2) emissions, 33% ofnitrogen oxides (NOx) emissions, 28% of par-ticulate matter, and 23% of all heavy metalsair toxics. Wind farms emit no air pollutants.

• The scientific community also sees the world-wide buildup of greenhouse gases, includingcarbon dioxide from the combustion of fossilfuels, as a likely contributor to global climatechange. U.S. electric power plants are respon-sible for 34% of the nation's total emissions ofcarbon dioxide (CO2), the most importantgreenhouse gas. Unlike fossil-fueled powerplants, wind farms emit no greenhouse gases.

• Wind project operation does not consume sur-face or groundwater, or discharge wastewater

containing heat or chemicals.

• Wind facilities produce electricity withoutrequiring the extraction, processing, trans-portation, or combustion of fossil fuels.

• The fuel source for electricity generation fromwind is free, thereby eliminating fuel costuncertainty over the life of the facility. Theoverall price of electricity from wind will bemore stable than from fossil-fueled powerplants.

• Investments in wind energy development cancreate jobs, income and tax revenues, espe-cially in rural communities.

• Wind energy development in rural areas canalso benefit farmers by providing incomeopportunities from leasing farmland to winddevelopers.

• Overall national security can be enhanced bythe development of diversified and distributedelectricity generation resources, such as wind.

Making Use of this HandbookThis handbook is written for individuals and groupsinvolved in evaluating wind projects: decision-mak-ers and agency staff at all levels of government,wind developers, interested parties and the public.Its purpose is to assist stakeholders to be informedparticipants in the wind energy development deci-sion-making process. This handbook covers permit-ting issues that have come to the attention of theNWCC up to this point. The NWCC realizes that aswind development proceeds, other issues willemerge and will need to be addressed.

Some jurisdictions already have energy facility per-mitting processes, but participants may not befamiliar with wind generation technologies andapproaches to resolving wind permitting issues.Other jurisdictions may not have dealt with anywind farms. This handbook is designed to benefitstakeholders with varying degrees of experience inwind farm siting. Different readers may make use ofall or only portions of the handbook’s four mainsections:

Executive Summary 1

1 For updated information on U.S. wind power capacity and on installed wind projects and their locations by state, see the AmericanWind Energy Association (AWEA) Web site, www.awea.org.

2 Permitting of Wind Energy Facilities

Chapter 1–Overview of Wind Development andPermitting describes the basic features of a windproject and walks the reader through the basicsteps in planning, permitting, construction, opera-tion and maintenance and closure of a wind farm.

Chapter 2–Guidelines for Structuring the WindFarm Permitting Process presents principles,processes and concepts that agencies, developersand the public may want to employ in the consid-eration and oversight of proposed wind projects.

Chapter 3–Specific Permitting Considerations andStrategies discusses the tradeoffs to be consideredin weighing the environmental and other issues thatmay arise in permitting wind farms at various loca-tions, and provides suggestions on how to dealwith those issues.

Chapter 4–Case Studies describes the permittingprocesses in place in three states, presenting thepermitting histories of several wind energy conver-sion projects to illustrate points raised in Chapters1-3.

In addition to the above sections, there are appen-dices to the handbook that refer the reader to addi-tional resources and provide additional informationon noise considerations.

SUMMARY OF KEY POINTS

Distinguishing Features of Wind FarmsSome aspects of wind farm permitting closelyresemble permitting considerations for any otherlarge energy facility or other development project.Others are unique to wind farms. Unlike mostenergy facilities, wind generation farms tend to belocated in rural or remote areas. They may extendover a very large area and have a broad area of

influence, but physically occupy only three to fivepercent of the total land area for the turbine towersand associated structures and access roads (Broweret al., 1993). The rest of the land may be left largelyundisturbed and available for continued use by thelandowner. Chapter 1 describes the major compo-nents of a wind project: wind turbines, anemome-ters, electrical power collection and transmissionsystems, control and maintenance facilities, and siteaccess and service roads—some or all of whichmay be present in a given project. It also providesan overview of the major steps in wind projectdevelopment: planning, permitting, financing,power purchase and transmission agreements, con-struction, operation and maintenance, and decom-missioning.

Structuring the Wind Farm PermittingProcess As with other energy facility permitting processes,the goal of the wind farm permitting process is toreach decisions that are timely, minimize chal-lenges, and ensure project compliance with existinglaws and regulations providing for necessary envi-ronmental protection. Chapter 2 briefly describesthe typical steps in permitting a wind farm: pre-application, application review, decision-making,administrative and judicial review, and permit com-pliance. The chapter then discusses the followingeight guidelines for structuring a permitting processto allow for efficient agency review, meaningfulpublic involvement, and timely and defensibledecisions:

1) Significant Public Involvement. Providingopportunities for early, significant, andmeaningful public involvement is crucial toa successful process, but there is no onesimple formula for achieving this.

2) Issue-Oriented Process. An issue-orientedapproach can help focus the debate, edu-cate the public and decision-makers, andensure an analytic basis for the eventualdecision.

3) Clear Decision Criteria. Decision-makingcriteria should be clear and consistentlyapplied, and made known from the outsetto all participants and interested parties.

NOTE TO REGULATORY AGENCIES:Permitting issues and process will vary bylocation and project. Agencies are encour-aged to become familiar with all of theissues that this handbook presents, and toapply that information and those tips thatare relevant to their authority and setting.

4) Coordinated Permitting Process. Wheremore than one agency has jurisdiction overpermitting, agencies are encouraged tocoordinate so that project review can pro-ceed simultaneously and that redundant,conflicting or inconsistent requirements,standards and processes can be avoided.

5) Reasonable Time Frames. Delays and asso-ciated uncertainties can be minimized ifpermitting agencies establish reasonabletime frames for each of the major phases ofthe permitting process, and manage theprocess to stay within those time frames.

6) Advance Planning. Both developers andagencies should know as much as possibleabout the project, the process, the partici-pants, and the issues prior to commencingthe formal permitting process.

7) Timely Administrative and Judicial Review.Following established procedures designedto systematically narrow the issues of con-cern and produce factually-based decisionscan significantly limit any administrative orjudicial appeals and allow them to proceedmore efficiently.

8) Active Compliance Monitoring. Most agen-cies include in their permits specific condi-tions that must be met during construction,operation and maintenance, and projectdecommissioning. These conditions canbest be implemented if they are: specific,measurable, agreed upon by all parties,realistic, set within reasonable time frames,enforceable, and actually enforced.

Specific Permitting Considerations andStrategiesWhether a wind project consists of a large windfarm or a single turbine, a range of considerationsmay be raised before, during or after project devel-opment. Siting decisions inevitably require balanc-ing the various benefits and impacts and makingtradeoffs among them. Permitting agencies alsoneed to consider cost-benefit tradeoffs associatedwith impact mitigation strategies. The permittingprocess seeks to strike a balance between making aproject acceptable to the community and preserv-ing the project’s economic viability in a competitiveelectricity market. A community desire to foster

clean energy sources may also be a factor in somecases. The following wind farm siting considera-tions are discussed in Chapter 3, along with strate-gies and “tips” for addressing them within the con-text of the permitting process. All parties need torecognize that the applicability of these considera-tions will depend on the specific wind project pro-posal and site conditions. Not every considerationwill apply to each wind project.

• Land Use. Depending on the site, size anddesign of the project, wind development maybe compatible with a variety of other landuses, including agriculture, grazing, openspace preservation, and habitat preservationfor some species. Other land uses and resourcevalues need to be considered when siting largewind projects in remote areas. Stakeholdersneed to understand the full range of land useissues associated with a site before gettinglocked into development plans, permit condi-tions, or other requirements.

• Noise. Because noise emitted by wind turbinestends to be masked by the ambient (back-ground) noise of the wind itself and falls offsharply with distance, noise-related concernsare likely to center on residences closest to thesite, particularly those sheltered from prevail-ing winds. Advanced turbine technology andpreventive maintenance can help minimizenoise during project operation. It may also beuseful to characterize other sound sources inthe affected area for comparison purposes.

• Birds and Other Biological Resources. Thepotential for collisions between birds and batsand wind energy facilities has been a contro-versial siting consideration. Biological resourcesurveys can help to determine whether or notserious conflicts are likely to occur. In mostcases, biologically significant impacts areunlikely to occur, or can be adequately miti-gated; if not, wind development may not beappropriate in a particular location.

• Visual Resources. There are a number of waysto reduce the visual impact of wind projects,but there may be tradeoffs to consider. Forexample, tubular towers may be more attrac-tive at short distances than lattice towers, butthey may also be more visible from a distance.Simulations using computer-aided graphics or

Executive Summary 3

artists’ renderings can be developed to facili-tate comparison of what the wind resourcearea looks like before and after the proposedturbines are installed.

• Soil Erosion and Water Quality. Like otherconstruction activities, wind projects are sub-ject to the Clean Water Act. If a project dis-turbs more than five acres, the developer mustprepare a Storm Water Pollution PreventionPlan in order to obtain a National PollutantDischarge Elimination System (NPDES) com-pliance permit, which is issued by the state’senvironmental quality agency.

• Public Health and Safety. Most of the safetyissues associated with wind energy projectscan be dealt with through adequate setbacks,security, safe work practices, and the imple-mentation of a fire control plan.

• Cultural and Paleontological Resources. Windfarms, like other developments, are subject tolegislation designed to protect important cul-tural and fossil resource sites. These include:the National Historic Preservation Act of 1966,the Federal Land Policy and Management Act(FLPMA) of 1976, and the American IndianReligious Freedom Act of 1978. Special caremay need to be taken to preserve the confi-dentiality as well as the integrity of certain sen-sitive resources, or sites sacred to NativeAmericans.

• Socioeconomic/Public Services/Infrastructure.Developers and permitting agencies shouldcoordinate with local public service agenciesto determine whether and how the projectmay affect the community’s fire protection andtransportation systems, and nearby airportsand communications systems.

• Solid and Hazardous Wastes. Wind farms, likeother developments, are subject to theResource Conservation and Recovery Act.Normal methods of managing solid wasteshould be adequate.

• Air Quality and Climate Change. Wind pro-jects produce energy without generating any ofthe conventional pollutants or greenhousegases produced by fuel combustion. New gen-eration supplied by wind projects results in no

additional air pollutant emissions. Temporarylocal emissions associated with project con-struction and maintenance can and should beminimized.

EXECUTIVE SUMMARY REFERENCESBrower, Michael C., Michael W. Tennis, Eric W.Denzler, Mark M. Kaplan, “Powering the Midwest:Renewable Electricity for the Economy and theEnvironment,” Boston: Union of ConcernedScientists, 1993.


INTRODUCTIONThis chapter describes the basic features of a windproject and the steps developers take to get a pro-ject on line. Wind energy and other renewableenergy sources, such as solar and geothermalenergy, offer the prospect of producing an increas-ing share of US electricity production with greatlyreduced effects on the environment. The recover-able portion of the total wind resource in the con-tiguous US is approximately 1,230,300 averageMW, assuming Class 3 wind resources.2 This isalmost 3.5 times the 48 states’ total electricity con-sumption in 1990 (Pacific Northwest Laboratory,1991). While technical and other issues may limitthe contribution of wind energy, its potential isquite large. (For a general overview of the windenergy industry and the status of commercial winddevelopment in the United States, see the AmericanWind Energy Association’s publication, “The MostFrequently Asked Questions about Wind Energy.”3)

ANATOMY OF A WIND PROJECTWind projects vary greatly in size, from a few windturbines (“distributed wind systems”) serving indi-vidual customers or operating either at substationsor at the end of a utility’s distribution system, tolarge arrays of wind turbines (“wind farms”)designed for providing wholesale bulk electricity toutilities or to an electricity market.

The role wind generation plays in the electricpower system depends on the nature of that systemand the relationship between daily and seasonalsystem needs and wind patterns. In some locales,however, periods of significant electricity demandcorrelate with periods of high and consistent windconditions. In the same manner, some electricpower systems, such as those that use a significantamount of hydroelectric power, can use wind gen-eration not only to produce power but to help man-age other limited resources.

Distributed wind systems. Most distributed windsystems range in size from one kW to about 5 MW,providing on-site power in either stand-alone orgrid-connected configurations.4 When grid-con-nected, these systems are interconnected to the

electricity distribution system rather than to thehigher voltage electricity transmission system. Suchsystems are used by industry, water districts,schools, rural residences, farms, and other remotepower users. In cases where wind patterns matchwell with electricity load patterns on distributionfeeder lines, distributed wind systems also can beused by utilities to reduce line loads and voltagevariations.

Wind farms. Larger arrays usually are owned andoperated by independent power producers whichtraditionally have sold their power to – or by – elec-tric utilities. These facilities are grid-connected, andare interconnected to the electrical transmissionsystem. Wind farms vary in generating capacityanywhere from five to more than several hundredmegawatts and may consist of a few to severalthousand wind turbines of the same or differentmodels. The turbines are mounted on towers andoften are placed in linear arrays along ridge tops, orsited in uniform patterns on flat or hilly terrain (seeFigures 1, 2, and 3).

The wind turbine on its tower is the most notice-able feature of a wind project. Other componentsmay include anemometers (wind measuring equip-ment), an electrical power collection and transmis-sion system (transformers, substation, undergroundand/or overhead lines), control and maintenancefacilities, and site access and service roads (seeFigure 4). Each component is described in the para-graphs that follow.

Wind TurbinesWind turbines capture the kinetic energy of thewind and convert it into electricity. The primarycomponents of a wind turbine are the rotor (bladeassembly), electrical generator, and tower. As thewind blows it spins the wind turbine’s rotor, whichturns the generator to produce electricity. Figure 5illustrates a typical turbine design.

The rotor is the part that captures the wind. Onmost wind turbines the rotor consists of two orthree blades which spin about a horizontal axis.“Upwind” turbines have the blades facing into the

Overview of Wind Development and Permitting 5

Chapter 1Overview of the Permitting Process

2 A Class 3 wind resource is defined as an annual average wind speed of 11.5-12.5 mph (5.1-5.6 m/s) measured at a height of 33 ft.(10 m).

3 This publication may be obtained at . The AWEA Web site also providesinformation on installed wind projects and their location by state, and on the total installed wind energy capacity in the United Statesby year.

4 A megawatt (MW) is one million watts. A kilowatt (kW) is one thousand watts, a unit of power that is measured instantaneously. Akilowatt-hour (kWh) is a unit of energy (power supplied over time), specifically, one kilowatt of electricity supplied for one hour.

wind, in front of the generator and tower. Theblades on “downwind” turbines are located behindthe generator and tower as viewed from the direc-tion of the prevailing wind. Increasingly rare, butstill occasionally seen, are the Darrieus (or “egg-beater”) wind turbines, whose rotors spin about avertical axis. New turbine manufacturers enter themarket from time to time with a variety of otherdesigns, but to date, none of these machines hasachieved significant commercial sales.

The nacelle, mounted on top of the tower, housesthe wind turbine’s electrical generator. A generator’srating, in kilowatts or megawatts, indicates itspotential power output. Actual generation, as kilo-watt- or megawatt-hours, will depend on rotor sizeand wind speed. Larger rotors allow turbines tointercept more wind, increasing power output. Theamount of power in the wind is a cubic function ofwind speed; thus wind turbines produce an expo-nentially increasing amount of power as windspeeds increase. For example, if the wind speeddoubles, wind power increases eight-fold. Also,since the rotor’s swept area (the area of a circle) is a function of the square of the blade length (theradius of the circle), a small increase in bladelength leads to a large increase in swept area and


Figure 1. Rows of wind turbines in the Altamont Pass, sited to take advantage of strong summer winds. Photo courtesy of the AmericanWind Energy Association (AWEA).

Figure 2. Today's utility-scale (900 kW) wind turbines feedclean energy to utility grids from rural areas. Photo courtesyof NREL.

energy capture. Economies of scale are quite signif-icant in wind turbines.

A wind turbine’s blades typically begin spinning aswind speeds reach approximately seven miles perhour (mph). At nine to 10 mph (“cut-in” speed),they will start generating electricity. Rated output isusually reached in 27- to 35-mph winds. To avoiddamage, most turbines automatically shut them-selves down when wind speeds exceed 55 to 65mph (“cut-out” speed). Because wind is intermit-tent, wind turbines will seldom operate at theirrated power output for long periods of time. A typi-cal large-scale turbine, however, will generate someelectricity 60% to 80% of the time.

Wind turbines typically are mounted on tubularsteel or lattice (open framework) towers. Thetower’s function is to raise the wind turbine abovethe ground to intercept stronger winds that providemore energy. Taller towers also usually allow tur-bines to capture less turbulent winds, unimpededby nearby trees, buildings, and other obstructions.Tubular towers are anchored to concrete founda-tions 8 to 35 feet (about 2 to 11 meters) deep toprevent them from being toppled by strong winds.Lattice towers typically use four piers.

As the industry has gained experience, rotor diame-ter, generator rating, and tower height have allincreased. During the early 1980s, wind developerswere installing turbines with rotor spans of about 33to 49 feet, or 10 to 15 meters (m) and generatorsrated at 10 to 65 kW. By the mid- to late 1980s, turbines began appearing with rotor diameters ofabout 49-82 feet (15 to 25 m) and generators ratedup to 200 kW (Gipe, 1995; AWEA, 1993). Today,wind developers are installing turbines rated at 600kW to 2 MW with rotor spans of about150-260 feet(47 to 80 m).

According to AWEA, today’s large wind turbinesproduce as much as 120 times the amount of elec-tricity as early turbine designs with operations andmaintenance (O&M) costs that are only modestlyhigher, thus dramatically cutting O&M costs perkWh. Improvements in turbine technology andmaintenance programs have produced highly reli-able, efficient machines. According to AWEA, theturbines used in the early 1980s were available foroperation 60% of the time. Today’s state-of-the-artwind turbines have an availability rating averaging98% (NREL, 1999).

AnemometersThe instrumentation used for wind resource assess-ment may be unfamiliar to many people. A windmeasurement system includes three major compo-nents: (1) anemometers, which are sensors to measure the wind speed and direction, (2) data logger and, (3) a meteorological mast, or tower.Measurement of temperature and pressure, whichrequires additional sensors, is also common.Meteorological towers typically are lattice towerssupported by guy wires.

Anemometers continuously measure and recordwind speed. Anemometer towers usually are thefirst structures built on a site to determine whether it has adequate wind resources for cost-effective


Figure 3. Tubular towers in a linear array in South Point, Hawaii.Photo by Paul Gipe.

development. These towers may be temporary andmoved around the potential site (or sites). Duringoperation of a wind facility, permanent anemome-ters may be used to transmit information aboutwind speed and direction to each wind turbine andto the control facility, where a record of windspeeds throughout the wind farm is stored.Anemometers can be mounted on towers as high as350 feet (107 m) or directly mounted on each windturbine. Wind turbines will begin operating whenthe anemometers detect sufficient wind speed.

Power Collection and TransmissionSystemLarge arrays of wind turbines require an extensivepower collection and electric interconnection sys-tem for delivering electricity to the electrical sys-tem. This may be to the distribution system, gener-ally in the case of smaller facilities, or to the highvoltage transmission system. Power generated byeach wind turbine is typically carried by low volt-age underground cables at 480 volts5 to pad-mounted transformers located throughout the windfarm. There may be one transformer adjacent toeach wind turbine. Medium voltage undergroundcables collect the electricity from the transformersand deliver it to an overhead or underground col-lection line. Power is transmitted by the collectionline to the wind farm’s substation for further step-upto match the voltage of the line to which it is inter-connected.

Supervisory Control and Data Acquisition(SCADA) SystemAn operations control facility maintains two-waycommunications with each wind turbine. This sys-tem typically is called a Supervisory Control andData Acquisition (SCADA) system. SCADA allows acentral computer system to monitor and controleach turbine’s operation. The SCADA can belocated on- or off-site. Through the use of inte-grated computer systems, it is possible for a SCADAin one location to monitor and control wind pro-jects in several different locations.

Maintenance FacilityA large wind project will require a maintenancefacility for storing trucks, service equipment, spareparts, lubricants, and other supplies. The mainte-nance facility may be located on- or off-site. Somewind farms combine control and maintenancefunctions in one building.

Access RoadsThere usually will be one or more access roads intoand around a wind project. These service roadsprovide access to each wind turbine, and typicallyrun parallel to a string of turbines.

STEPS AND PARTICIPANTS IN WINDFARM DEVELOPMENTDevelopment of a wind farm is a complex processinvolving developers, landowners, utilities, the pub-lic, and various local, state, and federal agencies.The amount of time required from initial planningto project operation in an area without existingwind projects will vary, and can range from one totwo years or more. The development time for sub-sequent projects at the same or a nearby site maybe reduced by several months, provided that:

• permits are issued for the project as a wholeand construction is done in phases;

• a comprehensive environmental review [envi-ronmental assessment (EA) or impact statement(EIS)], is prepared in compliance with theNational Environmental Policy Act, or a stateequivalent. Should the analysis show that theimpacts of the first project do not suggest a sig-nificant adverse cumulative impact, an equiva-lent environmental review may not be neededfor later projects;

• additional experience and knowledge aboutwind energy projects removes some of theuncertainties that contribute to lengthy analy-ses and processes. This handbook providessuch information and also lists contacts foradditional background.

The major steps in the wind project developmentprocess are described below.

• Planning

• Permitting

• Financing

• Power Purchase and Transmission Agreements

• Construction

• Operation

• Decommissioning


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PlanningA wind project may be proposed by an indepen-dent company, a local government agency, or aunit of a traditional electric utility. The first step indeveloping a wind project is to identify a suitablesite for the turbine or turbines and a likely marketfor the project’s output. To identify possible winddevelopment areas, developers usually consult published wind resource studies or wind resourcemaps such as Pacific Northwest Laboratory’s WindEnergy Resource Atlas of the United States. Thedeveloper also will study maps of the electricpower system and the local area. To select a spe-cific site within a region, developers may gatherlong-term wind information from the nearest windmeasurement station. They will also visit project

site locations to collect general information, includ-ing obvious signs of strong winds (e.g., flaggedtrees, sand dunes and scours), accessibility of ter-rain, proximity to an electrical transmission line,and any potential environmental constraints (seeChapter 3 for further discussion).

After finding a potentially suitable site, the devel-oper negotiates to gain access to or control of theproperties to conduct further investigations.Developers may secure options for long-term leasesor simple anemometer agreements from thelandowners. During the option period the devel-oper obtains the landowner’s permission to erectanemometers for making site-specific wind mea-surements. The developer usually collects data atthe property for at least one full year to determinethe average annual wind speed. More than oneyear may be needed if site measurements do notcorrelate well with those made by the closest windmeasurement station. If wind data show that thesite has economic potential for wind energy gener-ation, the developer will prepare an initial site planwhich proposes where to put the wind turbines andelectrical facilities that connect to the power grid.In some instances, the ability of the local electricalsystem to handle the output of the wind farm mayhave a substantive effect on its location and design.Depending on market prospects, an anemometeragreement may be upgraded to an option or leaseat this point if an option or lease has not alreadybeen signed.

PermittingTypically, wind projects are required to obtain apermit from one or more government agencies. Awind project typically can be permitted within 12months. Early in the project planning and develop-ment process, the wind developer should contactall relevant permitting agencies or authorities.Permitting entities at the federal, state, and locallevels may have jurisdiction over a wind develop-ment. The number of agencies and the level of gov-ernment involvement will depend on a number offactors particular to each development. These fac-tors primarily include: applicable existing laws andregulations, location of the wind turbines and asso-ciated facilities or equipment, need for transmissionlines and access roads, size of the wind farm, own-ership of the project, and ownership of the land.Chapters 2 and 3 discuss the permitting processand various considerations for agencies that may be involved in permitting wind farms.


Figure 5. A large 1.5-MW wind turbine towers over a service carin Trent Mesa, Texas. The hub height for this turbine modelvaries from 65 to 80 meters. Photo courtesy of AWEA andAmerican Electric Power.

Local permitting authorities. In many states the pri-mary permitting jurisdiction for wind farms is thelocal planning commission, zoning board, citycouncil, or county board of supervisors or commis-sioners. Typically, these local jurisdictional entitiesregulate through zoning ordinances. In addition tolocal zoning approval, permitting under local juris-diction may require a developer to obtain someform of local grading or building permit to ensurecompliance with structural, mechanical, and elec-trical codes.

State permitting authorities. In some states, one ormore state agencies may have siting or reviewresponsibilities for wind developments. Stateauthorities may include natural resource and envi-ronmental protection agencies, state historic preser-vation offices, industrial development and regula-tion agencies, public utility commissions, or sitingboards. Depending on the state where the winddevelopment is proposed, state permits may berequired in addition to local or conditional use per-mits. In other states, state law may supersede someor all local permitting authorities. Where there isstate level regulation there may be a lead agency tocoordinate the regulatory review process or a “one-stop” siting process housed under one agency.

Whether the permitting jurisdiction is state or local,wind projects may be subject to local and stateenvironmental policy acts. These laws generallyadhere closely to the language of the NationalEnvironmental Policy Act (see below). The contentrequirements of these laws parallel those of federallaw, except where specific language narrows thescope of the impact statements.

Federal permitting authorities. In some cases(notably in the West), federal land managementagencies such as the Bureau of Land Managementor the United States Forest Service may be both themanager and the permitting authority. Additionally,agencies such as the Bonneville PowerAdministration (BPA) or Western Area PowerAdministration (WAPA) may be either a wind devel-oper or the customer for the power. If the proposedwind farm has the potential to impact aviation, theFederal Aviation Administration (FAA) may beinvolved. Generally, when structures exceed 200feet (about 61 m), the FAA is involved. If the projectposes potential impacts on wildlife habitat andspecies protected under the Endangered SpeciesAct, the Bald and Golden Eagle Protection Act, orthe Migratory Bird Treaty Act, wind project permit-ting may involve coordination and consultationwith the United States Fish and Wildlife Service andstate wildlife agencies.

Federal actions are subject to the requirements ofthe National Environmental Policy Act (NEPA).Depending on the type of actions and the potentialfor impacts, the federal agency may have to preparean environmental assessment or environmentalimpact statement for the project before it can act.The NEPA process requires public involvement inidentifying issues to be considered and in com-menting on the agency’s analysis. The reviewingagency may use the results of the NEPA review toclarify requirements for mitigation and monitoringto address the project’s environmental impacts.

FinancingTo secure financing, a wind project developerneeds a site with a permit to develop it, a com-pletely defined project, a power purchase agree-ment, and firm access to a market. The financingentity must have confidence in the performanceand reliability of the wind turbine being chosen forthe project. There may be several equity holders ina project who together usually supply 10% to 50%of the project’s capital costs. The remainder is bor-rowed from lending institutions, including banksand insurance companies, over a term of about 12to 20 years.

Wind project developers can lower costs by takingadvantage of the wind energy Production Tax Credit(PTC) or Renewable Energy Production Incentiveprogram (REPI) included in the Energy Policy Act of1992. Under current law, a privately-owned windfarm beginning operation by December 31, 2001,


Figure 6. A large crane is used to raise a rotor into position.Photo courtesy of AWEA.

can qualify for a federal tax credit of $0.018 (1.8cents) per kilowatt-hour (in 2001 dollars; amountadjusted annually for inflation). The federal incen-tive is applicable to the first 10 years of the farm’soperation. A wind farm owned by a public entityreceives the production incentive as a payment of$0.018 per kilowatt-hour (if funds have beenappropriated on an annual basis).

Power Purchase and TransmissionAgreementsThe wind farm developer also begins negotiatingwith a utility or other buyer for a power purchaseagreement, a transmission interconnection agree-ment, or both. Power may be sold to the local util-ity, a more distant utility, or to a different wholesaleor retail customer. The developer will have to workwith the local distribution utility or transmissionsystem operator to obtain access to the electricpower grid.

While negotiating with a buyer, the developer willobtain exclusive long-term development rights tothe property by either buying or leasing the rightsfrom the landowner. If the land is leased, thelandowner can negotiate with the developer theterms of the relationship between the wind farmand other uses of the property, the location andtype of access roads and other support facilities,and the condition of the land after wind operationscease. Lease conditions may influence some of thepermitting considerations discussed in Chapter 3.The developer may also acquire easements fromadjacent landowners to assure continuing access tothe wind. Easements may restrict vegetation, struc-tures, or other obstacles that would alter the flow ofwind to the project site. Easements or leases mayalso be needed for the right to cross adjacent prop-erties for the construction and maintenance ofaccess roads or transmission lines.

ConstructionThe amount of time required to construct a windproject will depend on its size and the terrain andclimate of the site. A wind project typically can bebuilt and operational within a year of the date con-struction begins. Wind farm construction requiresheavy equipment, including bulldozers, graders,trenching machines, concrete trucks, flat-bed trucksand large cranes. Construction normally beginswith grading and laying out the access roads andthe service roads that run to the wind turbines.

After the roads are completed, the concrete founda-tions for the turbine towers and ancillary structuresare excavated and poured. Foundation work is fol-lowed by digging the trenches for the undergroundelectrical cables, laying the electrical and commu-nication cables, and building the overhead collec-tion system and substation. Subsequent activitiesinclude assembling and erecting the wind turbinetowers, mounting the nacelles on top of the towers,and attaching the rotors. (See Figure 6.) Once thewind turbines are installed, the electrical connec-tions between the towers and the power collectionsystem are made, and the system is tested.

The construction stage is the point at which someagencies initiate monitoring programs, if needed, toensure that project construction and subsequentoperation complies with any permit conditions;particularly conditions related to development nearsensitive environmental or other resources.Monitoring programs are further discussed inChapter 2.

OperationA wind farm is almost completely automated,requiring few on-site personnel. The developer mayoperate the wind farm directly or by contract withan operation and maintenance company. Undernormal conditions, wind turbines will operate auto-matically. Each wind turbine is equipped with acomputer for controlling critical functions, monitor-ing wind conditions, and reporting information tothe Supervisory Control and Data Acquisition(SCADA) system. The SCADA system monitors theactivity of each wind turbine and diagnoses thecause of any failure. If a wind turbine shuts downand the operators are unable to restart it directlyfrom the SCADA system, a crew of specially-trainedmechanics (“windsmiths”) are dispatched to per-form repairs. SCADA operators also monitor thepower output from each wind turbine and from thewind farm as a whole.

Repowering/DecommissioningRepowering of a wind farm entails the removal ofindividual turbines and foundations, which are thenreplaced with new, typically larger and more cost-effective, equipment. If a wind project cannotmaintain low operating costs but wind turbine tech-nology continues to improve, the economics maysupport repowering of the site with newer technol-ogy. This may allow a site to continue producing


power for decades. Over time, however, individualturbines or an entire wind farm may be decommis-sioned.

The decommissioning of a wind farm entails thedismantling and removal of all wind turbines andtowers, as well as the underground and overheadcollection and transmission system. Typically, thefoundations for the towers and other structures areremoved to a specified depth below the ground sur-face. Depending on the permits and terms of thelease, the wind developer may be required torestore vegetation to the site and return the propertyto its natural state or prior use. Decommissioning isfurther discussed under ACTIVE COMPLIANCEMONITORING in Chapter 2, and is touched uponin Chapter 3 as it relates to specific permitting con-siderations.

CHAPTER 1 REFERENCESAWEA, “Wind Power: Clean Energy for the 21stCentury,” 1996a.

AWEA, “Worldwide Wind Capacity Surpasses5,000 MW Mark—and Continued Growth isExpected,” April 12, 1996b.

AWEA, “Wind Energy Continues as World’s FastestGrowing Energy Source,” January 28, 1997.

California Energy Commission (CEC), Draft 1996Energy Technology Status Report, 1997.

Gipe, Paul, Wind Energy Comes of Age, New York:John Wiley & Sons, Inc., 1995.

Loyola, Juanita, Wind Project Performance: 1994Summary, California Energy Commission, 1995.

Pacific Northwest (Battelle) Laboratory, Assessmentof the Available Windy Land Area and Wind EnergyPotential in the Contiguous United States, PNL-7789UC-261, 1991.

Pacific Northwest (Battelle) Laboratory, WindEnergy Resource Atlas of the United States, U.S.Department of Energy, DOE/CH10093-4, 1987.Available on the web at http://rredc.nrel.gov/wind/pubs/atlas.

Small, Catherine, Draft Wind Project Performance:1995 Summary, California Energy Commission,1997.

Utility Wind Interest Group (UWIG), America TakesStock of a Vast Energy Resource, 1992.

Yen, Dora. Wind Project Performance: 1999Summary, California Energy Commission, 2001.

Windpower Monthly, “Wind Wire,” November,1996.


This chapter describes the typical steps in windfarm permitting, and presents several principlescommon to many successful permitting processes.Chapter 1 described how permitting can occur atvarious levels of government and how permittingprocesses can vary between and within states.Nothing in this handbook is intended to prescribe aspecific permitting process or determine whichlevel of government should be responsible for per-mitting. Each state and local government is encour-aged to develop the process best suited to its needsand determine which decision-making considera-tions are applicable and appropriate. If the potentialfor wind development exists within their jurisdic-tions, permitting agencies are encouraged to con-sider the topics discussed in Chapter 3 in the con-text of the following suggestions for structuring aneffective wind permitting process.

TYPICAL STEPS IN PERMITTINGMost permitting processes for energy facilities,including wind turbines and associated transmissionfacilities, consist of five basic phases:

1) Pre-application

2) Application Review

3) Decision-making

4) Administrative and Judicial Review

5) Permit Compliance

Pre-applicationThe pre-application phase occurs before a permitapplication is officially filed with the permittingagency. This phase may be formal or informal andmay be a required part of an agency’s permittingprocess or at the project developer’s option. It mayoccur from a few days to as much as a year prior tofiling a permit application. During this phase, a pro-ject developer and permitting agencies typicallymeet to help ensure that both understand the pro-ject concept, permitting process, and possibleissues. The permitting agency should clearly specifywhether environmental analysis or surveys arerequired or what other information must be submit-ted with the permit application. The permittingagency may also take this opportunity to becomefamiliar with the project site, establish working rela-tionships with other agencies, and acquaint com-munity leaders and interest groups with the permit-

ting process. Some agencies may review drafts ofthe permit application, environmental analyses, orother materials during this phase if time allows.

During the pre-application phase, project develop-ers often meet with nearby landowners, communityleaders, environmental groups, and other poten-tially affected interests. This acquaints the developerwith their initial concerns and allows the developerto respond to questions regarding the project. Insome jurisdictions, the project developer is requiredto hold public meetings or submit a public noticeregarding the project during this phase.

Application ReviewFor most agencies, the application review beginswhen the project developer files a permit applica-tion. Many agencies may review the filing to ensurethat it contains sufficient information for the agencyand the public to adequately understand the projectand its consequences. If the agency has a timerequirement for making a decision on the project,the “clock” often starts once the agency has deter-mined that the application is complete, in that itcontains the appropriate type and amount of infor-mation.

The activities and time frames of the applicationreview phase vary according to each agency’s per-mitting process requirements. Some processesrequire public issue identification sessions, meet-ings, and site visits. Others also allow a “discovery”period where any formal participants in the processcan question other participants regarding the pro-ject, potential impacts, and mitigation measures orpossible alternatives. If a formal process is in place,the “lead” permitting agency may be required toevaluate the short- and long-term consequences ofthe proposed wind farm. This evaluation and theagency’s recommendations on alternatives andrequirements for mitigating the impacts, if neces-sary, frequently are presented to the project devel-oper and the public in an environmental assessmentdocument. These documents may be prepared bythe appropriate federal, state, or local permittingagency staff, or by consultants for the agency.

Decision-makingIn its decision-making, the agency not only deter-mines whether or not to allow a proposed windfarm to be constructed and operated, but alsowhether environmental mitigation and other con-struction, operation, or wind farm decommissioning

Chapter 2Guidelines for Structuring the Wind Farm Permitting Process


requirements are needed. This phase frequentlyincludes one or more public hearings. Some per-mitting processes require that these hearings takeplace in the community most directly affected bythe proposed project, while others are held in thecounty seat or state capital. For many state agen-cies, the final decision-maker is a siting board orcommission. The City Council, County Board ofSupervisors or Township Board of Supervisors is thefinal decision-maker for most local agencies.However, in some places the local decision-makingbody may consider a project only after it has beenreviewed by a separate Planning Commission.

Administrative Appeals and JudicialReviewAppeals of all or a portion of a final decision areconsidered during the administrative and judicialreview phase. The first avenue of appeal is directedto the decision-maker. Only after all administrativeappeals have been exhausted are challenges to thedecision reviewed by the courts. Appeals to thecourts most frequently are directed at determiningwhether the permitting process was executed fairlyand in accordance with the review requirements. Inaddition to considering such “procedural errors,”the courts occasionally are also asked to considerfactual errors that may have arisen during the per-mitting process.

Permit ComplianceThe permit compliance phase extends throughout awind project's lifetime, and may include inspectionor monitoring to ensure that the project is con-structed, operated, and decommissioned in compli-ance with the terms and conditions of its permitand all applicable laws. For some agencies, thepermit compliance phase also includes resolvingpublic complaints and expeditiously consideringchanges or amendments to a previously permittedproject. Wind farm closure or decommissioningmay also be monitored to ensure that a non-operat-ing project does not represent a health or safety riskor pose environmental concerns, and that it is dis-posed of either in conformance with the permitconditions, or as warranted at the time operationscease. Agencies may: 1) require wind developers topost bonds after permitting to ensure that decom-missioning costs are covered; 2) rely on the projectdeveloper to contribute to a decommissioning fundas the project generates revenue; or 3) rely on thesalvage value of any abandoned equipment.

PRINCIPLES COMMON TO SUCCESSFULPERMITTING PROCESSESThe following eight elements are suggested as keysto a successful process for permitting wind farms:

1) Significant Public Involvement

2) Issue-Oriented Process

3) Clear Decision Criteria

4) Coordinated Permitting Process

5) Reasonable Time Frames

6) Advance Planning

7) Timely Administrative and Judicial Review

8) Active Compliance Monitoring

While each of these guidelines may be appliedindividually, collectively they represent principlesfor structuring a permitting process to allow fortimely agency review, meaningful public involve-ment, and sound decisions.

Significant Public InvolvementA key feature of a successful permitting process isproviding opportunities for early, significant, andmeaningful public involvement. The public has aright to have its interests considered in permittingdecisions, and without early and meaningful publicinvolvement there is a much greater likelihood ofsubsequent opposition and costly and time-con-suming administrative reviews and judicial appeals.

While each agency’s permitting process is likely todiffer in the timing, location, and forum for publicinvolvement, methods that have been used to facili-tate public participation in a permitting processinclude:

• developers consulting with potentially affectedor interested persons and giving them theopportunity to comment before proposals aresubmitted for permit approval;

• permitting agencies notifying potentially affect-ed persons (adjacent landowners and the com-munity at large) at the time of filing to informthem that a permitting process is beginningand describing how they can participate;

Guidelines for Structuring the Wind Facility Permitting Process 15

• permitting agencies holding public informationmeetings at the beginning of the permittingprocess to inform the public of the project, thepermitting process, possible issues, and waysthey can provide input;

• permitting agencies holding meetings or work-shops in the community at times when themost people can attend to allow meaningfulpublic involvement throughout the applicationand review phase;

• permitting agencies sending copies of anyanalyses or pre-decision documents to affectedor interested persons and requesting formalcomments;

• permitting agencies providing advanced noticeto all affected or interested persons and thecommunity in general of any decision-makinghearings or meetings; and

• decision-making agencies allowing formalpublic involvement in open hearings whenmaking the decision on the proposed projector considering appeals to the decision on theproject.

Issue-Oriented ProcessSuccessful siting processes often focus the decisionon issues that can be dealt with in a factual andlogical manner. No project, whether it is a wind tur-bine or any other type of development, is withoutissues. Chapter 3 of this handbook discusses theissues that are most likely to be encountered in per-mitting wind farms.

A key to dealing with issues objectively and in atimely manner is having appropriate informationavailable early in the permitting process. Becausethe collection of information or data represents amajor up-front cost, agencies need to provideopportunities for project developers to learn aboutinformation requirements well in advance of thepermitting process. The requirements should beclear, reasonable, consistently applied to all pro-jects (and all developers), and reflect informationthat actually will be used in the process.

Even with a focus on issues and the development ofconsistent, up-front information requirements, someissues may not be easily solved from a purely ana-lytical perspective. Issues such as real or perceivedpublic health effects associated with magnetic

fields, fear of possible changes in property values,and visual impacts can become emotional. Anissue-oriented approach can help focus the debate,educate the public and decision-makers, andensure an analytic basis for the eventual decision.While this approach may not eliminate all opposi-tion to a proposed project, a focus on issues allowsfor a clearer understanding of the objections to aproject and a decision that is more likely to with-stand any administrative or legal appeals of thefacts associated with those objections.

Clear Decision CriteriaKnowing in advance the criteria the decision-mak-ers will use in making their decisions is an impor-tant feature of a fair and efficient permittingprocess.

To help provide clear criteria and also more cer-tainty on the likely outcome of a project, somedecision-makers have taken one or more of the fol-lowing steps in drafting ordinances or regulations:

• list all of the findings that need to be made inthe decision;

• identify specific criteria to be used in decision-making;

• define which factors will be considered in adecision and how they will be consideredand/or weighted;

• specify how environmental impacts, both posi-tive and negative, and mitigation measures,economic considerations and other factors willbe balanced in the decision-making process;and

• set minimum requirements to be met by a pro-posed project.

Specific decision-making criteria or factors will varydepending on the permitting agency involved, theissues or concerns within their jurisdiction, and theresources likely to be affected by wind develop-ment.

Most representatives of agencies, environmentalinterest groups, and members of the public indicatethat the primary permitting criterion is a finding thatthe project either has no significant environmentalor public health and safety impacts or that theseimpacts have been mitigated so that they are not


significant. Participants in the permitting processgenerally rely on existing federal or state lawsrequiring an environmental assessment documentprepared by the permitting agency as the basis forthe evaluation of project impacts. However, thetype of issues considered and the scope of theanalysis can vary depending on: the agency, group,or local public involved; familiarity with the area,the project and the technology proposed; and theimpact potential.

Many agencies also stress the importance of mak-ing a finding that the project complies with allapplicable laws, ordinances, regulations, or stan-dards. These include Federal AviationAdministration standards, Public Utility or PublicService Commission standards for electrical lines,state or federal endangered species laws, and localland use ordinances. Some local agencies believethat the requirements for Conditional Use Permits(CUP) are adequate for wind developments and feelthe CUP process is well understood by all of theparticipants. Other local agencies have determinedthat their CUP process does not readily apply towind energy developments and have modified theirpermit processes to better fit the characteristics andissues of wind projects.

Anticipating the potential for future wind develop-ment, some agencies have identified preferred sit-ing areas for wind projects prior to receiving permitapplications. In this manner, they have been able toguide development of the initial wind projectstoward the least environmentally sensitive lands.This allows wind projects and their potentialimpacts to be better understood before develop-ment is permitted in more sensitive areas.

Some agencies use economic development consid-erations as decision-making criteria. Agency staff,public interest groups and wind developers havestressed the importance of including economics inthe decision-making process and openly presentingthe property tax, jobs, and economic developmentbenefits as well as any costs associated with a pro-ject.

Wind developers indicate that they generally seekthe highest wind sites in known wind resourceareas that are economically feasible to construct,close to existing transmission facilities, and havelow potential for significant environmental impacts.The developer is responsible for mitigating project-

related impacts. With proper construction tech-niques and restoration practices, the need for addi-tional mitigation may be limited.

Along with criteria related to integrating wind gen-eration into the regional or state electrical system,some agencies also include the “need” for addi-tional generation facilities in their decisions. Thismay be considered in the context of a state or util-ity service area “integrated resource plan” or otherenergy policies or goals such as energy diversity. Inmoving to a competitive electricity market struc-ture, some states have discontinued the require-ment to evaluate “need” because the project’sfinancial risk is not borne by the electricity ratepay-ers. Others have dropped the “need” process incases where wind projects have been mandated bystate law.

Coordinated Permitting ProcessProject permitting can be one of the significantcosts associated with developing wind resourcesand one of the major sources of uncertainty.Projects can be delayed and developers and agen-cies can incur significant costs when multiple agen-cies require separate processes, or where environ-mental impact assessment and mitigation require-ments are inconsistent. This problem may be partic-ularly significant where the wind resource areaincludes more than one jurisdiction or the pro-posed wind project and related facilities such astransmission lines or access roads affect multipleagencies with land use or permitting authority.

The most efficient permitting process for energyfacilities would be one in which there is little or noduplication of documents or review by permittingentities, no conflicts between the different agenciesin resolving issues, and no inconsistencies in permitrequirements. Coordinated permitting has beenachieved by:

• issuing all state and local permits by oneagency in one process;

• making one agency responsible for coordinat-ing the permit review by all other agencies;

• having all agencies agree on concurrentreview processes and schedule and on amethod for resolving any differences or dis-putes; or by


• establishing a multi-agency decision-makingauthority to consider the review and permitrequirements of all agencies in one forum.

Coordination also is important in implementing per-mit requirements, monitoring during constructionand operation, and decommissioning wind farms.Inconsistencies can develop when responsibilitiesshift from one agency or department to another. Forexample, the applicability of permit conditions andagreements can become confused when responsi-bilities are transferred from a local PlanningDepartment that had the responsibility for permit-ting to the Building Department that had no previ-ous involvement in the project but is now expectedto monitor a project’s compliance. If possible, theagency that developed the permit conditions shouldalso be responsible for monitoring compliance.

Wind developers and agencies within some windresource areas have found it beneficial to pool theirresources to resolve issues and problems that ariseduring project development, site planning, con-struction, or operation. Pooled resources have ledto ongoing studies of avian mortality, erosion con-trol, noise, and other issues of local concern. Forexample, Minnesota's avian requirements werepooled so that there was one study that all develop-ers paid for on a per-megawatt basis.

Reasonable Time FramesIn addition to close coordination between regula-tory agencies, certainty in permitting can also beprovided by establishing clear and reasonable timeframes for completing the various steps in the per-mitting process and reaching a final decision. Aprincipal concern of any developer is that the finaldecision on their proposed project will be subjectto lengthy, unnecessary delays. Developers preferknown “stop points” for providing project informa-tion and making significant project changes so theycan complete project design and financing arrange-ments.

Agencies, representatives of interest groups and thegeneral public also need to have some certaintyabout the permitting schedule so they can plan theiractivities and make the best use of their resources.

In general, the timing of a permitting process is theresponsibility of the permitting agency or agencies.Timing usually can be controlled if either oneagency is in the lead for all permitting activities or

all agencies involved have agreed to coordinatepermitting activities and meet specific time goals.Many permitting agencies have found that the bestway to address the concern about unnecessarydelay is to specify reasonable time frames for eachof the major phases of a permitting process leadingto a final permitting decision. They clearly commu-nicate the time frames to all participants throughoutthe process so that all involved have commonexpectations on the time available and how it is tobe used.

Advance PlanningThe successful permitting of any energy facilityrequires early planning and communication on thepart of the developers and the permitting agencies.

Some state and local agencies have geographic-based information systems that identify land useand environmental resources. These may includezoning and land use designations, transmissionlines, roads and highways including scenic designa-tions, biological resources, parks, and recreationareas. A few agencies have discussed using thisinformation to identify in advance geographic areasthat: have developable wind resources or presentopportunities for locating wind farms; are likely topose permitting problems for wind farms; or wherewind development would not be allowed.Establishing communications is another criticalfunction of advance planning. Most participantsinvolved in permitting wind farms – developers,agencies and the public – concur that identifyingthe key players and initiating communications isimportant to successful permitting and should bedone before the formal permitting process beginswhenever possible.

Timely Administrative and Judicial ReviewIf issues or conflicts raised during a permittingprocess are not satisfactorily resolved, the dissatis-fied party – project developer, concerned public, oreven agency staff – typically has an opportunity toappeal the decision to the decision-makers or to ahigher administrative body. If the appeal is notresolved or if an administrative appeal process isnot available, the conflict can be raised in local,state, or federal courts. While judicial appeals maybe filed because of alleged factual or proceduralerrors, most successful appeals are the result oferrors in the actual permitting process.Consequently a major goal of most wind permittingprocesses is to follow established procedures and


produce factually-based decisions so that subse-quent judicial appeals may be minimized. Shouldlegal appeals occur, whether in an administrative ora judicial forum, the goal becomes to proceed effi-ciently and reach a conclusion in a reasonableamount of time.

One method used by many jurisdictions to increasethe efficiency of handling appeals is to design thepermitting process to systematically narrow theissues of concern. While all potential issues may bereviewed at the beginning of the process, issuesthat are either not of concern or that can be readilyresolved in a manner acceptable to the developer,permitting agency staff, and concerned public maybe set aside early in the process through meetings,workshops, or initial environmental documents. Asa result, only those issues specifically identified bythe parties as being in dispute need to be consid-ered in hearings before the decision-makers. Boththe hearings and preliminary decision documentscan also be used to further focus the issues. Using a"scoping process," the permitting agency can pro-duce a focused and detailed administrative recordwhich can be used to support their decision. Thiscan significantly limit any administrative or judicialappeals and allow them to proceed more effi-ciently.

Some of the methods agencies have used toenhance an efficient administrative and judicialreview process include:

• using an issue-oriented public hearing processincorporating significant public involvement toreach a permitting decision;

• using a contested case or trial-type hearingprocess for an administrative review or appealof the final permitting action;

• allowing consideration only of the record ofthe contested case proceeding in a judicialappeal;

• limiting the judicial appeal to only those issuesidentified and unresolved in the administrativeappeal;

• defining who has standing to initiate thereview;

• specifying time limits within which appealsmust be initiated;

• setting standards for review;

• specifying how the costs of appeals will bepaid and whether costs can be awarded to aprevailing party; and

• directing that judicial review will be to thehighest state court of competent jurisdiction,thereby eliminating any intermediate appellatecourt review.

Active Compliance MonitoringMost agencies include in their permits specific con-ditions that must be met during construction oroperation to ensure public health, safety, and envi-ronmental protection. These monitoring programsmay include annual or periodic site visits, more for-mal inspections or annual reports on wind farmoperations and conditions. Active compliance mon-itoring also allows agencies to respond rapidly toresolve any public complaints, and to work withproject developers to modify permits if projectchanges are needed.

Not all agencies carry out the compliance monitor-ing function in the same manner. The degree ofmonitoring typically depends on the interest andexperience of the permitting agency. In some cases,few problems are encountered and the agenciesfeel little on-site monitoring is necessary. In others,the agency may have a very active program to per-form monitoring, complaint resolution and projectamendment functions.

If an agency establishes a compliance monitoringprogram, the agency should apply the programconsistently and should:

• monitor only to ensure that permit conditionsactually are being met;

• work closely with project developers to resolveany problems before they become complianceissues;

• establish a complaint resolution process andprovide the public with a specific contact andphone number to call in the event of a com-plaint;

• identify in advance procedures and possibleactions to deal with non-compliance;


• develop in advance a process for openly andexpeditiously reviewing project amendments;

• establish provisions, in advance, for dealingwith repowering, closure, or failure of projects;and

• stay abreast of the status of individual winddevelopments by maintaining communicationwith the developers throughout the life of theirprojects.

Funding of compliance monitoring programs varieswith the permitting agency. In some cases, staff andother resources needed to implement monitoringare funded through general state or local revenues(income tax, energy surcharge, or property taxes). Inother instances, monitoring activities are fundedthrough a one-time or annual project fee. Most fed-eral agencies have permit requirements for projectslocated on public lands and monitor these condi-tions with a portion of the development fees orannual lease payments. Some of these federal leaseagreements also include requirements for perfor-mance bonding for use of the leased lands toensure ongoing monitoring of the project and main-tenance of the project and the leasehold.

The potential for public health and safety or envi-ronmental concerns does not end when construc-tion of a wind project is completed or even when itceases operation. Many agencies currently includeconditions in their permits to deal with project clo-sure or decommissioning and site restoration,including:

• removal of non-operating or downed equip-ment;

• removal of any residual spills;

• cleanup of storage yards and maintenanceshops; and

• restoration of tower pads, access roads, andother areas.

CHAPTER 2 REFERENCESMany states and localities have (or are putting)wind energy conversion system permittingprocesses or guidelines in place. The World WideWeb is a good source of current information onspecific state and local wind energy permitting laws and guidelines (search on “wind energy” plus “ordinance”, “permitting”, “zoning” or “planning”). Workshop presentations on this subject are accessible through NWCC’s Web site:www.nationalwind.org.


This chapter examines some of the specific consid-erations that may need to be addressed in permit-ting wind projects, whether they are large windfarms which sell power to utilities, one or more tur-bines constructed to support the existing transmis-sion and distribution system, or single turbines toprovide power to a single user. In planning forpotential wind energy development or reviewing aproposed project, permitting considerations mayinclude impacts and benefits associated with any orall of the following:

• Land use

• Noise

• Birds and other biological resources

• Visual resources

• Soil erosion and water quality

• Public health and safety

• Cultural and paleontological resources

• Solid and hazardous wastes

• Air quality and climate

Not all permitting considerations apply to everywind project. The relative importance of theseissues and appropriate methods for addressing themwill vary for each project because of differences intopography, land use, environmental resources,community concerns, agency experience andexpertise, permitting processes, project economics,state or local energy policies, electrical systemneeds and characteristics, local attitudes and poli-tics.

LAND USEMany federal, state, and local agencies prepare andimplement plans or policies that set goals andguidelines for the development and use of landswithin their jurisdictions. These are intended toensure that there is sufficient land available for vari-ous uses, that adjacent uses are compatible, andthat there is an orderly transition between differingtypes of uses. In determining whether a proposedproject is both consistent with existing plans, goals,and policies and compatible with existing and

planned adjacent uses, permitting agencies oftenconsider a project’s potential to change the overallcharacter of the surrounding area, disrupt estab-lished communities, or physically intrude upon thelandscape. Where land use plans and policies exist,they often are critical to the outcome of local orstate-level permitting decisions. However, a pro-posed project which is inconsistent or incompatiblewith existing land use plans and policies may stillbe approved if the permitting agency grants a vari-ance.

Planning for wind development. If wind resourcesexist within a jurisdiction, land use planning agen-cies are encouraged to consider these resourcesearly in their planning and policy activities. Someagencies, recognizing the potential for wind gener-ation, have prepared maps of the potential windresource areas showing information such as windspeed and duration, topographic features, site char-acteristics, existing roads and facilities, potentiallysensitive land uses, and environmental considera-tions. Agencies also should review existing land useplans, zoning designations, and policies to provideappropriate, up-front guidance to developers onwhere and how to locate wind projects so that theyare as consistent as reasonably possible with exist-ing land uses and the environment. (See Figure 7.)These same actions will ensure that other develop-ment activities do not preclude the constructionand operation of electric generation in prime windresource areas. Some agencies have formally identi-fied wind resource areas (WRAs) in their plans tofacilitate permitting and development of wind gen-eration in preferred locations.

Coordinating to resolve land use issues. As empha-sized in Chapter 2, close coordination can benefitall the project stakeholders – including utilities,agencies, the public, and developers – by ensuringcontinuity, consistency, and certainty. Wind projectdevelopers should contact the land use agency oragencies regarding their plans and policies veryearly in the project planning process. To effectivelyresolve potential land use concerns, all the agen-cies involved in reviewing and making land usedecisions on proposed wind generation projectsmust coordinate and communicate with each otherin a timely manner throughout the lifetime of theproject. It is also essential that staff within variousoffices or departments of an individual agencywork together during the permitting process so that

Specific Permitting Considerations 21

Chapter 3Specific Permitting Considerations

any conditions or requirements are consistent andare monitored throughout the lifetime of the pro-ject.

NOISE Noise may be defined, for the purpose of permittingproposed development projects, as any unwantedsound. Whether a noise is objectionable will varydepending on its type (tonal, broadband, low-

frequency, impulsive, etc.) and the circumstancesand sensitivity of the individual who hears it (oftenreferred to as the receptor). Primarily because of thewide variation in the levels of individual tolerancefor noise, there is no completely satisfactory way tomeasure the subjective effects of noise, or of thecorresponding reactions of annoyance and dissatis-faction. It may, however, be useful for comparisonpurposes to measure noise of various types from


Source and Given Distance from A-Weighted Environmental Noise Subjectivity/that Source Sound Level in Impression

Decibels (dBA)

Civil Defense Siren [TONAL] 140-130 PainThreshold

Jet Takeoff (200') 120[BROADBAND and TONAL]

110 Rock Music ConcertVery Loud

Pile Driver (50') [IMPULSIVE] 100

Ambulance Siren (100') [TONAL] 90 Boiler Room

Freight Cars (50')[BROADBAND and IMPULSIVE]

Pneumatic Drill (50') Printing Press Loud[BROADBAND] 80 Kitchen with Garbage

Disposal Running

Freeway (100') 70[BROADBAND] Moderately

LoudVacuum Cleaner (100') 60 Data Processing Center[BROADBAND and TONAL] Department Store/Office

Light Traffic (100') 50 Private Business Office[BROADBAND] ` Quiet

Large Transformer (200') [TONAL] 40

Soft Whisper (5') 30 Quiet Bedroom

20 Recording Studio

10 Threshold of Hearing

0

Source: Peterson and Gross, 1974

Table 3.1 Typical Environmental and Industry Sound Levels

other sources in the area of the project, or to pro-vide sound levels associated with common activi-ties and situations (see Table 3.1). For regulatorypurposes, noise limits often are specified at thenearest receptor (property line or residence) to thenoise source, or at a given distance from thesource.

Noise ConsiderationsOperating noise produced by wind farms is consid-erably different in level and nature than that gener-ated by most power plants. Wind farms are typi-cally located in rural or remote areas, with lowpopulation densities and low ambient noise levels.Due to the inherently windy nature of these loca-tions, however, and to the quiet nature of modernwind turbines, ambient, or “background”, noisegenerated by the wind often is sufficient to masksounds generated by the wind farm, even for thevery few individuals located close enough to thewind farm to be able to hear it.

A more detailed discussion of noise measurement,including the development of acoustic standardsspecifically designed for measuring noise fromwind turbine generators, is in Appendix B.

Noise produced by wind turbines has diminishedmarkedly as the technology has matured. Orienting

rotors on the “upwind” side of the turbine toweravoids the low-frequency sounds associated withthe passage of the blades through the tower’s windsh

apl000019 nuclear regulatory commission exhibit ...bill grant, judy grau, rob harmon, lauren ike,...

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