State Enabling Legislation for Commercial-Scale Wind Power Siting and the Local Government Role
Siting of commercial-scale wind facilities (>5MW) is determined primarily by state laws. State laws either leave siting regulation to local governments, prescribe and constrain the role for local governments, establish state standards, or preempt local governance by having state institutions govern siting. Siting regulation is extremely important to the advancement of wind generation in the United States. Major siting decisions lie ahead for state and local governments as the nation diversifies its energy portfolio. An increase in the number of new wind facilities, siting in more locations and in more heavily populated areas, will require attention to the laws and regulations that govern siting. Local governments exercise some authority over commercial-scale wind facility siting in 48 of the 50 states. In 34 states, local governments have substantial autonomy to regulate the siting of most or all commercial-scale wind facilities. A few states authorize local governments to regulate wind facility siting, but make the scope of local regulation subject to limitations defined by state law. Eleven states set size thresholds for state regulatory involvement with local governments in these states regulating smaller facilities and state boards regulating larger ones (either exclusively or concurrently with local governments). In just under a third of the states, siting of most or all commercial-scale wind facilities requires approval by both state and local government bodies. Only a few states reserve the regulation of siting of all or virtually all commercial-scale wind facilities to state boards and commissions. The content of the applicable regulations is more important, in general, than the level of government responsible for the decision. Several states that assign siting responsibilities to local governments have specified some of the content and the limits of local regulation. About 1/5 of the states have directed boards and commissions to develop statewide regulations to deal with wind facility siting issues subject to state approval. These requirements most often specify standards for setbacks, wildlife, noise, decommissioning, and other issues.
- Research Organization:
- Environmental Law Institute, Washington, DC
- Sponsoring Organization:
- USDOE Office of Energy Efficiency and Renewable Energy (EERE)
- DOE Contract Number:
- EE0000505
- OSTI ID:
- 1030490
- Report Number(s):
- DOE/EE0000505-1
- Country of Publication:
- United States
- Language:
- English
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