A national laboratory of the U.S. Department of Energy

Office of Energy Efficiency & Renewable Energy

National Renewable Energy Laboratory 

Innovation for Our Energy Future 

An Overview of Existing 

Wind Energy Ordinances 

F. Oteri 

Technical Report 

NREL/TP-500-44439 

December 2008 

NREL is operated by Midwest Research Institute ● Battelle Contract No. DE-AC36-99-GO10337 
An Overview of Existing 

Wind Energy Ordinances 

F. Oteri 

Prepared under Task No. WER9.8503 

Technical Report 

NREL/TP-500-44439 

December 2008 

National Renewable Energy Laboratory

1617 Cole Boulevard, Golden, Colorado 80401-3393 

303-275-3000 • www.nrel.gov 

Operated for the U.S. Department of Energy 

Office of Energy Efficiency and Renewable Energy 

by Midwest Research Institute • Battelle 

Contract No. DE-AC36-99-GO10337
NOTICE

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recommendation, or favoring by the United States government or any agency thereof. The views and 

opinions of authors expressed herein do not necessarily state or reflect those of the United States 

government or any agency thereof. 

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Purpose _______________________________________________________________ 2

Methodology ___________________________________________________________ 2

Conclusion ____________________________________________________________ 2

Ordinance Themes ______________________________________________________ 3

Current State Wind Energy Ordinances _____________________________________ 5

Illinois ______________________________________________________________ 5

Henry County, Illinois _______________________________________________ 5 

Rock Island County, Illinois ___________________________________________ 7 

Kansas _____________________________________________________________ 9

Riley County, Kansas ________________________________________________ 9 

Michigan __________________________________________________________ 11

Banks County, Michigan ____________________________________________ 11 

Huron County, Michigan ____________________________________________ 13 

Lodi, Michigan ____________________________________________________ 16 

Long Lake Township, Michigan _______________________________________ 17 

Minnesota__________________________________________________________ 19

Big Stone County, Minnesota _________________________________________ 19 

Brown County, Minnesota ___________________________________________ 21 

Fillmore County, Minnesota __________________________________________ 23 

Lyon County, Minnesota ____________________________________________ 25 

Martin County, Minnesota ___________________________________________ 27 

Nicollet County, Minnesota __________________________________________ 29 

Swift County, Minnesota ____________________________________________ 31 

New York __________________________________________________________ 33

Hamlin, New York _________________________________________________ 33 

Pennsylvania _______________________________________________________ 36

Antis Township, Pennsylvania ________________________________________ 36 

South Dakota _______________________________________________________ 38

Brookings County, South Dakota ______________________________________ 38 

Wisconsin __________________________________________________________ 40

Buffalo County, Wisconsin ___________________________________________ 40 

Door County, Wisconsin _____________________________________________ 43 

Manitowoc, Wisconsin ______________________________________________ 47 

Mitchell, Wisconsin ________________________________________________ 49 

Morrison, Wisconsin ________________________________________________ 52 

Town of Rockland, Wisconsin ________________________________________ 55 

Shawano County, Wisconsin _________________________________________ 59 

Utah ______________________________________________________________ 63

Lehi City, Utah ____________________________________________________ 63 
Purpose 

Due to increased energy demand in the United States, rural communities with limited or no 

experience with wind energy now have the opportunity to become involved in this industry. 

Communities with good wind resources may be approached by entities with plans to develop the 

resource. 

Although these opportunities can create new revenue in the form of construction jobs and land 

lease payments, they also create a new responsibility on the part of local governments to ensure 

that ordinances will be established to aid the development of safe facilities that will be embraced 

by the community. 

The purpose of this report is to educate and engage state and local governments, as well as 

policymakers, about existing large wind energy ordinances. These groups will have a collection 

of examples to utilize when they attempt to draft a new large wind energy ordinance in a town or 

county without existing ordinances. 

Methodology 

A combination of Internet-based newspaper research and Internet research utilizing multiple 

search engines was utilized to identify the existing large wind energy ordinances. 

The first step in the research was to compile a list of towns with existing ordinances. The next 

step was to find the official Web sites for the local governments and to verify through those sites 

that the ordinances did in fact exist and that they were final, approved ordinances as opposed to 

draft ordinances waiting for approval. 

All information presented in this report is derived from official county or town Web sites. 

Conclusion

Although wind energy ordinances currently exist in rural communities throughout the country, 

many communities have no regulations in place. 

The specific details vary among the existing ordinances, but similar themes are addressed in 

many of them. 

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Ordinance Themes 

The following themes are typically included in ordinances regulating the development of 

commercial Wind Energy Conversion Systems (WECS). This list is provided to help 

towns or counties develop ordinances regulating utility-scale WECS. 

Access 

By defining access standards, towns/counties can ensure safety by limiting direct contact 

to the interior of the wind turbine tower, electrical equipment, and any climbing 

apparatus. 

Appearance, Color, and Finish 

By defining the appearance, color, and finish of turbines in WECS, local governments 

can limit aesthetic displeasure and ensure design uniformity. 

Clearance 

Normally measured from the lowest point of the arc created by rotating blades to the 

ground, a defined clearance height aids in addressing safety concerns. 

Electrical 

In order to ensure normal land usage, electrical standards may be put in place. These 

standards define whether electrical wires must be buried or if and when they are allowed 

overhead. 

Equipment 

Equipment standards typically further define the electrical standards by ensuring that any 

electrical equipment associated with a wind energy system is located in a specified area, 

usually under the swept area of the blade assembly. 

Height 

Height is usually measured from the base of the tower to the tip of the blade at its highest 

point. General town/county zoning ordinances often already define height allowances. An 

exception to allow greater heights for WECS may be necessary. The ordinance regulating 

the development of WECS should define this height. 

Lighting 

Lighting must comply with minimum Federal Aviation Administration regulations but 

can also be regulated to ensure minimal impact on neighboring properties. 

Noise Standards 

Noise standards create a standard maximum level of allowed noise due to the operation of 

WECS. These standards often include a defined method of measuring noise level. 

Permits 

The permitting process is utilized so local governments can review and allow for wind 

energy developments. Permits are usually granted in accordance to the provisions of the 

ordinance regulating the development of WECS. 

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Restoration Requirements 

Restoration requirements ensure that restoration standards are defined to the extent 

desired by the local government and community, typically to the level of restoring the 

area(s) where the wind turbines are located to their original condition at the end of the 

project life or facility abandonment. Restoration requirements sometimes include the 

posting of a performance bond or other financial instrument to ensure the disposal of 

WECS. 

Set Backs 

These standards are defined to create space between areas of concern and the WECS. 

Common areas of concern include property lines, inhabited structures, public roads, as 

well as communication and electrical lines. 

Shadow Flicker 

Shadow flicker is addressed within ordinances regulating the development of commercial 

WECS to prevent, mitigate, and eliminate shadow flicker on any roadway or any 

occupied structure on a non-participating property. (Shadow flicker is the term used to 

describe shadows on the ground and surrounding structures that may emanate from the 

rotating blades of a wind turbine.) 

Signage 

Defining specific sign standards ensures that WECS will not be used to advertise or 

promote any product or service. It also can guarantee the proper placement of warning 

signs and the identification of the owner and/or manufacturer. 

Signal Interference Standards 

Signal interference standards ensure that the construction and operation of WECS will 

not interfere with television, microwave, navigational, or radio reception in any 

neighboring areas. 

Spacing and Density 

Spacing and density standards address aesthetic concerns and safety issues by ensuring 

that individual wind turbines will not be sited so closely as to create a cluster. 

Zoning Areas 

Zoning area standards limit wind energy development to certain parts of the town/county 

where the overall impact will be minimal or in some cases to where the wind resource is 

best. 
Current State Wind Energy Ordinances

Illinois 

Henry County, Illinois 

Zoning Areas 

Where Turbines are 

Allowed 

1) May be located in areas zoned AG1 Agriculture or M-1 

Manufacturing with special use and building permits 

2) Shall be located 1000 feet or more from an occupied structure on an 

adjoining property and 1.1 times total tower height or more from an 

occupied structure on subject property, measured from wind tower base 

Set Backs 1) 1.1 times total tower height from any and all public/private right-ofway lines (measured from the wind tower base, unless a variance is 

approved by the board) 

2) 100 feet from all other property lines (measured from the tip of the 

blade when located parallel with the ground), unless a variance is 

approved by the board 

Spacing and 

Density 

A wind energy system shall be separated from any other wind energy 

system by a minimum of 200 feet (measured from the tips of the blades 

when the blades are parallel with the ground). 

Height Total height shall be 500 feet or less 

Clearance The vertical distance from ground level to the tip of a wind turbine 

blade when the blade is at its lowest point must be at least 25 feet. 

Access Any wind tower located in a wind energy system, including any 

climbing aids, shall be secured against unauthorized access by means of 

a locked barrier or security fence. 

Electrical Wires All electrical wires associated with a wind energy system, other than 

wires necessary to connect the wind turbine to its base and to overhead 

collection lines, shall be located underground unless a variance is 

approved by the board. 

Lighting As required by the Federal Aviation Administration. Required lighting 

must comply with Federal Aviation Administration minimum 

requirements and, whenever possible, be at the lowest intensity allowed 

using red lights at night. If more than one lighting alternative is 

available, the alternative that causes the least visual disturbance must be 

used. 

Equipment Unless located underground, any electrical equipment associated with a 

wind energy system shall be located under the sweep area of a blade 

assembly unless the board approves a variance. 

Appearance, Color, 

and Finish 

The exterior of any visible components of a wind energy system must 

be a non-reflective, neutral color. Wind towers and turbines in an 

established wind farm system that are located within 1,000 feet of each 

other must be of uniform design, including tower type, color, number of 

blades, and direction of blade rotation unless a variance is approved by 

the board. 

Signs No wind turbine, tower building, or other structure associated with a 

wind energy system may be used to advertise or promote any product or 

service. No word or graphic representation, other than appropriate 

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warning signs and owner identification, may be placed on a wind 

turbine, tower, building, or other structure associated with a wind 

energy system so as to be visible from any public road. 

Permits Required 1) Special Use Permit, which can expire if the wind energy system is 

not installed and functioning within 5 years from the date the permit is 

issued or if the wind energy system is out of service or otherwise unused 

for a continuous 12-month period 

2) Building Permit 

Restoration 

Requirement 

Within 8 months of receipt of Notice of Abandonment or within 8 

months of providing Notice of Termination of Operations, the owner of 

a wind energy system must: 

1) Remove all wind turbines, aboveground improvements, and outdoor 

storage 

2) Remove all foundations, pads, and underground electrical wires to a 

depth of 4 feet below the ground surface 

3) Remove all hazardous material from the property and dispose of the 

hazardous material in accordance with federal and state law 

Signal Interference The owner of a wind energy system must take such reasonable steps as 

are necessary to prevent, eliminate, or mitigate any interference with 

cellular, radio, or television signals caused by the wind energy system. 

Noise No noise standards 

Shadow Flicker No shadow flicker standards 

Link http://www.henrycty.com/codepartments/zoning/Forms/windzoningordi

nance.pdf 
Rock Island County, Illinois 

Zoning Areas 

Where Turbines are 

Allowed 

AG-1 Agricultural Preservation District, AG-2 General Agricultural 

District, I-1 Light Industrial District, or I-2 General Industrial District 

Set Backs A large wind system shall be located: 

1) 1,000 feet or more from an occupied structure on an adjoining 

property 

2) 1.1 times the total tower height or more from an occupied structure 

on subject property, measured from the wind tower base 

3) 1.1 times the total tower height from any and all public/private rightof-way lines, measured from the wind tower base 

4) 100 feet from all other property lines, measured from the tip of the 

blade when located parallel with the ground 

Spacing and 

Density 

A wind energy system shall be separated from any other wind energy 

system by a minimum of 200 feet, measured from the tip of the blades 

when the blades are parallel with the ground. 

Height The total height of a wind energy system shall be 500 feet or less. 

Clearance The vertical distance from ground level to the tip of a wind turbine 

blade when the blade is at its lowest point must be at least 25 feet. 

Access All wind towers located in a wind energy system, including any 

climbing aids, shall be secured against unauthorized access by means of 

a locked barrier or security fence 6 feet in height. 

Electrical Wires All electrical wires associated with a wind energy system, other than 

wires necessary to connect the wind turbine to its base and to overhead 

collection lines, shall be located underground. The board may vary this 

requirement upon proof of hardship. 

Lighting Required lighting must comply with Federal Aviation Administration 

minimum requirements and, whenever possible, be at the lowest 

intensity allowed using red lights at night. If more than one lighting 

alternative is available, the alternative that causes the least visual 

disturbance must be used. 

Equipment Unless located underground, any electrical equipment associated with a 

wind energy system shall be located under the sweep area of a blade 

assembly to the extent practicable. 

Appearance, Color, 

and Finish 

The exterior surface of any visible components of a wind energy system 

must be a non-reflective, neutral color. Wind towers and turbines in an 

established wind farm system that are located within 1,000 feet of each 

other must be of uniform design, including tower type, color, number of 

blades, and direction of blade rotation to the extent practicable. 

Signs No wind turbine, tower, building, or other structure associated with a 

wind energy system may be used to advertise or promote any product or 

service. No word or graphic representation, other than appropriate 

warning signs and owner identification, may be placed on a wind 

turbine, tower, building, or other structure associated with a wind 

energy system so as to be visible from any public road. 

Permits Required Special Use Permit, Building Permits 

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Restoration 

Requirement 

1) Remove all wind turbines, aboveground improvements, and outdoor 

storage 

2) Remove all foundations, pads, and underground electrical wires to a 

depth of 4 feet below the ground surface 

3) Remove all hazardous materials from the property and dispose of the 

hazardous material in accordance with federal and state law 

4) Failure to comply with any of the conditions or restrictions imposed 

on a special use permit shall be deemed a violation of the Zoning 

Ordinance. 

Signal Interference The owner of a wind energy system must take such reasonable steps as 

are necessary to prevent, eliminate, or mitigate any interference with 

cellular, radio, or television signals caused by the wind energy system. 

Noise No noise standards 

Shadow Flicker No shadow flicker standards 

Link http://www.co.rock-island.il.us/uploadedFiles/ZB/RICountyWindEnergyOrd.pdf
Kansas 

Riley County, Kansas 

Zoning Areas 

Where Turbines are 

Allowed 

General Agricultural District 

Set Backs 1) Individual wind turbines shall be set back from all property lines 

coincident with or outside of the project boundary a distance equal to 

1.5 times the turbine height. 

2) Individual wind turbines shall be set back from all public roads a 

distance equal to at least 1.5 times the turbine height. 

Spacing and 

Density 

1) To avoid objectionable density, there should be adequate spacing 

between turbines. 

2) Distinct groupings or clusters of machines shall be limited to no more 

than 12 machines per cluster. A cluster shall be defined as a grouping of 

machines that are greater than 1,320 feet from another grouping. 

Height The maximum height of the turbines shall be 355 feet. Greater height, 

but not in excess of 400 feet, may be considered on a case-by-case basis 

if the applicant can sufficiently demonstrate that the increased height 

will result in increased energy efficiencies, thereby reducing the overall 

number of turbines in the project. However, in all cases, due 

consideration shall be given to the scale of the turbines in relation to the 

surrounding landscape. 

Clearance No clearance standards 

Access No access standards 

Electrical Wires 1) To avoid visual clutter, intra-project power lines having a voltage of 

34,500 volts or less should be buried unless the applicant can 

sufficiently demonstrate that burying the lines will violate other 

guidelines/standards, violate applicable law, render the project 

economically infeasible, or be hidden from public view. 

2) To avoid cluttering the skyline, transformers and other electric 

equipment should be hidden from view or otherwise constructed in 

harmony with the surrounding landscape. 

Lighting Individual wind turbine heights and markings shall comply with Federal 

Aviation Administration regulations. If lighting of turbines or other 

structures is required, “daytime white-nighttime red” shall be the only 

type of lighting allowed unless prohibited by law. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

1) A WECS project should maintain visual unity among clusters of 

turbines. 

2) To promote visual uniformity, the rotors, nacelles, and towers of all 

turbines in an array should appear similar. 

3) To provide visual order to a WECS project, all turbines shall have the 

same number of rotor blades and all rotor blades shall spin in the same 

direction in relation to the wind. 

4) To promote visual uniformity, all turbines at a similar ground 

elevation shall have the same height from blade tip to the ground. 

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5) All turbines and towers shall be a shade of white in color. 

Signs No billboards, logos, and advertising signs of any kind shall be located 

on the turbines. 

Permits Required Special Use Permit, Building Permit 

Restoration 

Requirement 

Standards outlining decommissioning include a “security” that ensures 

the turbines will be removed and restoration will be completed no 

matter who owns the facility. 

All underground equipment and foundation systems of WECS shall be 

removed to a depth of at least 3 feet to allow for cultivation of crops or 

restoration of pasture. 

Signal Interference No signal interference standards 

Noise 1) The noise level caused by the operation of the project, measured at 5 

feet above ground level at the property line coincident with or outside 

the project boundary, shall not exceed 65 decibels (A-weighted) and 

shall not exceed 50 decibels (C-weighted) if it is determined that a pure 

tone noise is generated by the project. 

2) Upon receipt by the Riley County Planning and Development 

Department of a complaint regarding noise from an existing WECS 

project that the Department determines to be reasonable, the project 

owner shall be required, at the owner’s expense, to have prepared, by an 

independent acoustical consultant, approved by the Planning and 

Development Department, an acoustical study that shall demonstrate 

compliance with the above noise standard on the basis of equivalent 

sound pressure levels. “Equivalent sound pressure levels” means the 

steady sound level that, over 10-minute measurement periods, would 

produce the same energy equivalence as the fluctuating sound level 

actually occurring. 

3) Low-frequency noise criteria: WECS that are not designed “in 

accordance with proven good engineering practices” shall be prohibited. 

WECS designed with the following characteristics shall be deemed in 

“accordance with proven good engineering practices:” 

 a) At least three blades 

 b) Upwind rotor 

 c) No furling (where “furling” means that the wind turbine is designed 

to limit its power output in high winds by changing the rotor’s 

plane of rotation to a plane that is not perpendicular to the 

prevailing wind direction) 

 d) Tapered and twisting blades 

 e) Well-designed braking system 

Shadow Flicker No shadow flicker standards 

Link http://www.rileycountyks.gov/documents/Planning%20and%20Develop

ment/Zoning%20Regulations/y%29%20Section%2022%20-

%20Special%20Uses.pdf 
Michigan 

Banks County, Michigan 

Zoning Areas 

Where Turbines are 

Allowed 

No zoning areas specified 

Set Backs A wind turbine generator or anemometer tower shall, in all cases, be set 

back at least a distance equal to the height of the tower from the closest 

location in which an off-premise residential structure could be located, 

based on the required setbacks for the given zoning district. 

Spacing and 

Density 

No spacing or density standards 

Height 400 feet, but the planning commission may approve an increased height 

if it will not result in increased intensity on lighting of the tower due to 

Federal Aviation Administration regulations 

Clearance The lowest point of the arc created by rotating wind vanes or blades on 

a wind generator shall be no less than 15 feet above the ground. 

Access No access standards 

Electrical Wires The electrical transmission lines connecting the wind turbine generator 

to the public utility electricity distribution system shall be located 

underground, unless the Planning Commission finds that it is 

technologically infeasible or finds that the cost of placing those 

electrical transmission lines underground is unreasonably burdensome. 

If the Planning Commission allows overhead electrical transmission 

lines to connect the wind turbine generator to the public utility 

electricity distribution system, then those electrical transmission lines 

shall be placed at a height consistent with industry standards to ensure 

public safety. 

Lighting Each wind turbine generator or anemometer tower shall not be 

artificially lighted, unless required by the Federal Aviation 

Administration or other applicable governmental authority. If lighting is 

required, the lighting alternatives and design chosen: 

1) Shall be the lowest intensity allowable under Federal Aviation 

Administration regulations 

2) Shall not be strobe lighting or other intermittent white lighting 

fixtures, unless expressly required by the Federal Aviation 

Administration. Such intermittent lighting shall be alternated with 

steady red lights at night if acceptable to the Federal Aviation 

Administration 

3) May be a red top light that does not pulsate or blink 

4) Shall be shielded to the extent possible and acceptable to the Federal 

Aviation Administration to reduce glare and visibility from the ground 

Equipment No standards 

Appearance, Color, 

and Finish 

1) Each wind turbine generator shall either maintain a galvanized steel 

finish or, subject to any Federal Aviation Administration standards, be 

painted a neutral color so as to reduce visual obtrusiveness. 

2) Each wind turbine generator, including all accessory structures, shall, 

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to the extent possible, use materials, and colors that will blend them into 

the natural setting and surrounding buildings. A medium grey shade is 

the preferred color for any wind generator; however, the Planning 

Commission may approve an alternate color if the facility is suspected 

to be located within an avian migratory route or if an alternate color 

would otherwise benefit the community. 

Signs A sign no more than 4 feet square in area displaying an address and 

telephone number for emergency calls and informational inquiries shall 

be posted at the proposed wind turbine generator or anemometer tower 

erected prior to a wind turbine generator. No wind turbine generator 

tower or anemometer tower or site shall include any advertising sign. 

Permits Required Special Use Permit 

Restoration 

Requirement 

In addition to removing the wind turbine generator or anemometer 

tower, the owner shall restore the site of the wind turbine generator or 

anemometer to its original condition prior to location of the wind 

turbine generator or anemometer tower, subject to reasonable wear and 

tear. Any foundation associated with a wind generator or anemometer 

tower shall be removed to a minimum depth 3 feet below the final 

grade, and site vegetation shall be restored. 

Signal Interference Any wind turbine generators shall be constructed and operated so that 

they do not interfere with television, microwave, navigational, or radio 

reception to neighboring areas. 

Noise Any proposed wind turbine generator shall not result in sound levels in 

excess of 60 decibels as measured on the dB(A) scale at the property 

lines of the site in question. 

Shadow Flicker Landscaping shall be designed to counter the effects of shadow flicker 

on any neighboring residences or roadways caused by the rotor rotation 

in the sunlight. 

Link http://www.bankstownship.net/article8.pdf 
Huron County, Michigan 

Zoning Areas 

Where Turbines are 

Allowed 

WECS may be constructed on land that is zoned Agricultural and within 

an area designated as a WECS Overlay District on the official zoning 

map for the County, subject to provisions and standards of Section 5 

Wind Energy Conversion Systems Site Plan Review of this Article. 

Set Backs 1) Inhabited structures: Each wind turbine shall be set back from the 

nearest residence, school, hospital, church, or library a distance no less 

than the greater of (a) two times the hub height or (b) 1,000 feet. 

2) Property lines: Along the border of the Wind Energy Conversion 

Systems Overlay District, there shall be a setback distance equal to two 

times the hub height of the wind turbine. 

3) Public roads: Each wind turbine shall be set back from the nearest 

public road a distance no less than 400 ft or 1.5 times the hub height, 

whichever is greater. 

4) Communication and electrical lines: 400 feet or 1.5 times hub height 

Spacing and 

Density 

Tower separation: At a minimum, separation between towers must be at 

least three times the turbine diameter. 

Height 275 feet, but can be modified 

Clearance The blade tip of any wind turbine shall have ground clearance of no less 

than 75 feet 

Access 1) Wind turbines shall not be climbable on the exterior. 

2) All access doors to wind turbine towers and electrical equipment 

shall be lockable. 

Electrical Wires The electrical collection system shall be placed underground within the 

interior of each parcel at a depth designed to accommodate the existing 

agricultural land use to the maximum extent practicable. The collection 

system may be placed overhead adjacent to county roadways, near 

substations or points of interconnection to the electric grid, or in other 

areas as necessary 

Lighting WECS shall not be artificially lighted, except to the extent required by 

the Federal Aviation Administration or other applicable authority, or 

otherwise necessary for the reasonable safety and security thereof. 

Equipment No standards 

Appearance, Color, 

and Finish 

Wind turbines shall be mounted on tubular towers and painted a nonreflective, non-obtrusive color. The appearance of turbines, towers, and 

buildings shall be maintained throughout the life of the WECS pursuant 

to industry standards. 

Signs Wind turbines shall not be used for displaying any advertising except 

for reasonable identification of the manufacturer or operator of the 

WECS. Appropriate warning signs shall be placed on wind turbine 

towers, electrical equipment, and WECS entrances. 

Permits Required WECS Permit 

Restoration 

Requirement 

The applicant shall submit a plan describing the intended disposition of 

the WECS at the end of their useful life and shall describe any 

agreement with the landowner regarding equipment removal upon lease 

termination. A performance bond or equivalent financial instrument 

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shall be posted in an amount determined by the county [to be utilized in 

the event the decommissioning plan needs to be enforced with respect to 

tower removal, site restoration, etc.]. The bond shall be in favor of 

Huron County and may be provided jointly as a single instrument for 

multiple townships within a single wind farm, provided that any such 

single instrument shall be in an amount of at least $1 million and shall 

contain a replenishment obligation. 

Signal Interference No large-scale WECS shall be installed in any location where its 

proximity with existing fixed broadcast, retransmission, or reception 

antennas for radio, television, or wireless phone or other personal 

communication system would produce electromagnetic interference 

with signal transmission or reception. No large-scale WECS shall be 

installed in any location along the major axis of an existing microwave 

communications link where its operation is likely to produce 

electromagnetic interference in the links operation. 

Noise 1) Audible noise or the sound pressure from the operation of the WECS 

shall not exceed 50 dBA, or the ambient sound pressure level plus 5 

dBA, whichever is greater, for more than 10% of any hour, measured at 

any residence, school, hospital, church, or public library existing on the 

date of approval of any WECS site permit. The applicant shall be able to 

provide sound-pressure-level measurements from a reasonable number 

of sampled locations at the perimeter and in the interior of the WECS to 

demonstrate compliance with this standard. 

2) In the event audible noise from the operation of the WECS contains a 

pure tone, the standards for audible noise set forth in subparagraph a) of 

this subsection shall be reduced by 5 dBA. A pure tone is defined to 

exist if the 1/3 octave band sound pressure level in the band, including 

the tone, exceeds the arithmetic average of the sound pressure levels of 

the two contiguous 1/3 octave bands by 5 dBA for center frequencies of 

500 Hz and above, by 8 dBA for center frequencies between 160 Hz and 

400 Hz, or by 15 dBA for center frequencies less than or equal to 125 

Hz. 

3) The ambient noise level shall be expressed in terms of the highest 

whole number sound pressure level in dBA, which is exceeded for more 

than 5 minutes per hour. Ambient noise levels shall be measured at 

potentially affected residences, schools, hospitals, churches, and public 

libraries. Ambient-noise-level measurement techniques shall employ all 

practical means of reducing the effect of wind-generated noise at the 

microphone. Ambient-noise-level measurements may be performed 

when wind velocities at the proposed project site are sufficient to allow 

wind turbine operations, provided that the wind velocity does not 

exceed 30 mph at the ambient-noise-measurement location. 

a) Any noise falling between two whole decibels shall be the lower 

of the two. 

b) In the event the noise levels resulting from the WECS exceed the 

criteria listed above, a waiver to said levels may be approved, 

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provided that the following has been accomplished: 

• Written consent from the affected property owners has 

been obtained stating that they are aware of the WECS 

and the noise limitations imposed by this Article, and 

that consent is granted to allow noise levels to exceed the 

maximum limits otherwise allowed; and 

• If the applicant wishes the waiver to apply to succeeding 

owners of the property, a permanent noise impact 

easement must be recorded in the Huron County Register 

of Deeds office that describes the benefited and burdened 

properties and that advises all subsequent owners of the 

burdened property that noise levels in excess of those 

otherwise permitted by the ordinance may exist on or at 

the burdened property. 

Shadow Flicker No shadow flicker standards 

Link http://www.deq.state.mi.us/documents/deq-ess-p2-agp2-

ArticleIII(Revised).pdf 
Lodi, Michigan 

Zoning Areas 

Where Turbines are 

Allowed 

No Zoning Area Standards 

Set Backs All private and commercial WECS projects must be set back from 

property lines at a distance equal to or greater than 150% of the height 

of the structure, measured from the base of the structure to the highest 

reach of its blade. 

Spacing and 

Density 

No spacing or density standards 

Height Commercial WECS projects shall be exempt from the height 

requirements of this Ordinance, subject to the provisions of Special 

Uses, Article 50.0, and compliance with FAA regulations. 

Clearance No Clearance Standards 

Access 1) Fences with locking portals at least 6 feet high 

2) Anti-climbing devices 12 feet from pole base 

Electrical Wires All electrical compartments, storage facilities, wire conduit, and 

interconnections with utility companies will conform to national and 

local electrical codes. 

Lighting No standards 

Equipment No standards 

Appearance, Color, 

and Finish 

Towers and blades shall be painted any neutral color that is acceptable 

to Lodi Township or otherwise required by law. 

Signs A visible warning sign of "High Voltage" may be required at the base of 

all commercial Wind Energy Conversion Systems projects. The sign 

must have at a minimum six-inch letters with 3⁄4-inch stroke. Such signs 

shall be located a maximum of 300 feet apart and at all points of site 

ingress and egress. 

Permits Required Special Use Permit 

Restoration 

Requirement 

Decommissioning shall include removal of all structures (including 

transmission equipment and fencing) and debris to a depth of 4 feet, 

restoration of the soil, and restoration of vegetation within 6 months of 

the end of the project life or facility abandonment. 

Signal Interference It shall be the responsibility of the person in charge of the private or 

commercial WECS to submit acceptable documentation as part of the 

conditional use permit to determine if the WECS project would in any 

way cause interference with microwave transmissions, residential 

television reception, or radio reception. 

Noise The noise level measured at the property line of the property on which 

the private or commercial WECS project has been installed shall not 

exceed 55 decibels. 

Shadow Flicker No shadow flicker standards 

Link http://twplodi.org/services/Lodi%20Township%20Zoning%20Ordinance/Article

%2055.0%20-%20Supplemental%20Regulations%20and%20Standards 

16 
Long Lake Township, Michigan 

Zoning Areas 

Where Turbines are 

Allowed 

No Zoning Area Standards 

Set Backs 1) Large WECS shall maintain a minimum setback from any property 

line of two times the combined height of the tower and blade. 

2) Large WECS shall maintain a minimum setback from the right-ofway line of any public road or highway of at least five times the 

combined height of the tower and blade. 

3) In all cases, the large WECS shall maintain a minimum distance of at 

least 1.25 times the tower and blade height from any habitable structure. 

4) In no case shall large WECS be located within any required setback 

area nor in any front yard. 

Spacing and 

Density 

One additional large Wind Energy Conversion System may be permitted 

for each additional land area of not less than 2 1/2 acres. 

Height A large Wind Energy Conversion System shall not exceed a total tower 

and blade height of 150 feet unless the parcel on which the large Wind 

Energy Conversion System is to be located is 10 acres or larger (in 

which case the maximum total tower and blade height may be 300 feet). 

Clearance In all cases, the minimum height of the lowest position of the large 

Wind Energy Conversion System blade shall be at least 30 feet above 

the ground. 

Access Any large Wind Energy Conversion System shall be equipped with anticlimbing devices. Tower-climbing apparatus shall not be located within 

12 feet of the ground. Where a tower is capable of being climbed, a 

locked, protective fence at least 6 feet high shall enclose the tower. 

Electrical Wires No electrical wire standards 

Lighting Large WECS shall be equipped with air traffic warning lights or other 

marking lights only if required by the Federal Aviation Administration; 

such light should be positioned or shielded to avoid undue visual impact 

on neighboring properties. 

Equipment No standards 

Appearance, Color, 

and Finish 

Colors and surface treatments of the large WECS and supporting 

structures shall, to the greatest extent feasible, minimize disruption of 

the natural characteristics of the site and shall include no advertising of 

any kind. 

Signs Large WECS shall include no sign or advertising of any kind, except for 

one sign (not to exceed 2 square feet) posted at the base of the tower; 

said sign shall contain the following information: 

a) "Warning: High Voltage" 

b) Manufacturer's name 

c) Operator's name 

d) Emergency phone number 

e) Emergency shutdown procedure 

Permits Required Conditional Land Use Permit 

17 
18 

Restoration 

Requirement 

If any large WECS remain non-functional or inoperative for a 

continuous period of 1 year, the permittee shall remove said system at 

their expense. Removal of the system shall mean the entire structure, 

including foundations, transmission equipment, and fencing, from the 

property. If removal of towers and appurtenant facilities is required and 

the permit holder or successors fails to remove the towers and 

appurtenant facilities from the property within 30 days from the date of 

notification by the Zoning Administrator, Long Lake Township may 

proceed to remove the towers and appurtenant facilities; in which case, 

the salvage becomes property of the Township; and costs of removing 

the facilities will remain the burden of the permit holder. To ensure 

removal of an obsolete, inoperable, or abandoned facility, the Township 

may require of the applicant a financial guarantee as provided in Section 

24.8. 

Signal Interference Large WECS shall be designed and constructed so as not to cause radio 

and television interference. 

Noise Large WECS shall be designed and placed in such a manner to 

minimize, to the greatest extent feasible, adverse visual and noise 

impacts on neighboring areas. Noise shall be limited to no more than 10 

decibels above the original ambient baseline sound level beyond the 

property line, as reported in the noise study as required under 14.35.1.a 

above. 

Shadow Flicker During the impact analysis of the large WECS, written documentation 

shall be provided projecting 1) the shadow flicker on any existing 

structures located off the property on which the large system will be 

constructed, and 2) the extent and duration of the shadow flickers on 

these existing structures. 

Link http://www.longlaketownship.com/planning/June%2008/wind-turbineordinance.pdf 
Minnesota 

Big Stone County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

Commercial wind turbines may be located with a conditional use permit 

in the following areas: District A-1, A-2, Commercial/Industrial 

Set Backs 1) Property lines: 1.1 times the total height 

2) Neighboring dwellings: 750 feet 

3) Road rights-of-way: 1.1 times the total height or 150 feet to the 

center of the abutting road, whichever is greater 

4) Other rights-of-way: 1.1 times the total height 

5) Public conservation land: 600 feet 

6) Wetlands: 600 feet 

7) Other structures: 1.1 times the total height 

8) Existing WECS: To be considered based on relative size of the 

existing and proposed systems and the alignment of the systems relative 

to the predominant winds 

9) Big Stone Lake and Minnesota River Bluff: 1/4 mile minimum; per 

setbacks in Conditional Use Permit 

Spacing and 

Density 

No spacing and density standards 

Height No height standard for commercial WECS (Non-Commercial must be 

less than 200 feet) 

Clearance Rotor blades or airfoils must maintain at least 12 feet of clearance 

between their lowest point and the ground. 

Access No access standards 

Electrical Wires All communication and feeder lines, equal to or less than 34.5 kV in 

capacity, installed as part of WECS shall be buried where reasonably 

feasible. Feeder lines installed as part of WECS shall not be considered 

an essential service. This standard applies to all feeder lines subject to 

Big Stone County authority. 

Lighting Lighting, including lighting intensity and strobe frequency, shall adhere 

to but not exceed requirements established by FAA permits and 

regulations. Red strobe lights are preferred for nighttime illumination to 

reduce impacts on migrating birds. Red pulsating incandescent lights 

should be avoided. Exception may be made for meteorological towers, 

where concerns exist relative to aerial spray applicators. 

Equipment No standards 

Appearance, Color, 

and Finish 

All commercial wind turbines shall be white, grey, or another nonobtrusive color. Blades may be black to facilitate de-icing. Finishes 

shall be matte or non-reflective. Exception may be made for 

meteorological towers, where concerns exist relative to aerial spray 

applicators. 

Signs All signage on site shall comply with Section 8 of the Big Stone County 

Land and Related Resource Management Ordinance. The manufacturers 

or owner's company name and/or logo must be placed on the nacelle. 

19 
20 

Permits Required Land Use Permit, Conditional Use Permit, no fee listed. Also, according 

to Minnesota statute 216F.04, the Public Utilities Commission must 

issue a site permit. 

Restoration 

Requirement 

Commercial WECS shall have a decommissioning plan outlining the 

anticipated means and cost of removing WECS at the end of their 

serviceable life or upon becoming discontinued. The cost estimates shall 

be provided by a competent party, such as a professional engineer, a 

contractor capable of decommissioning, or a person with suitable 

expertise or experience with decommissioning. The plan shall also 

identify the financial resources that will be available to pay for the 

decommissioning and removal of WECS and accessory facilities. 

Signal Interference The applicant shall minimize or mitigate interference with 

electromagnetic communications, such as radio, telephone, microwaves, 

or television signals caused by WECS. The applicant shall notify all 

communication tower operators within 2 miles of proposed WECS upon 

application to the county for permits. No WECS shall be constructed so 

as to interfere with County or Minnesota Department of Transportation 

microwave transmissions. 

Noise All WECS shall comply with Minnesota Rules 7030 governing noise. 

Shadow Flicker No shadow flicker standards 

Link http://www.bigstonecounty.org/BSCWindPowerOrdinance.pdf 
Brown County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

Agriculture/ Shoreland Protection (A-1) 

Set Backs 1) Property lines: 1.5 times the total height 

2) Neighboring dwellings: 750 feet 

3) Road rights-of-way: 1.5 times the total height 

4) Other rights-of-way (railroad, power line, etc.): 1.5 times the total 

height 

5) River bluffs: 750 feet 

Spacing and 

Density 

No spacing and density standards. 

Height 200 feet 

Clearance Rotor blades or airfoils must maintain at least 12 feet of clearance 

between their lowest point and the ground. 

Access No access standards 

Electrical Wires All communication and feeder lines, equal to or less than 34.5 kV in 

capacity, installed as part of WECS shall be buried (where reasonably 

feasible). Feeder lines installed as part of WECS shall not be considered 

an essential service. This standard applies to all feeder lines subject to 

Brown County authority. 

Lighting Lighting, including lighting intensity and strobe frequency, shall adhere 

to but not exceed requirements established by Federal Aviation 

Administration permits and regulations. Red strobe lights are preferred 

for nighttime illumination to reduce impacts on migrating birds. Red 

pulsating incandescent lights should be avoided. 

Equipment 

Appearance, Color, 

and Finish 

All wind turbines and towers that are part of commercial WECS shall be 

white, grey, or another unobtrusive color. Blades may be black to 

facilitate de-icing. Finishes shall be matte or non-reflective. The 

exception is made for meteorological towers, where concerns exist 

relative to aerial spray applicators. 

Signs 1) For all commercial WECS, a sign or signs shall be posted on the 

tower, transformer, and substation warning of high voltage. Signs with 

emergency contact information shall also be posted on the turbine or at 

another suitable point. 

2) All signage on site shall comply with Section 727 Sign Regulations 

of the Brown County Ordinance. The manufacturer’s or owner’s 

company name and/or logo may be placed on the nacelles of the WECS. 

Permits Required Conditional Use Permit 

Restoration 

Requirement 

All WECS and accessory facilities shall be removed to 4 feet below 

ground level within 90 days of the discontinuation of use. WECS also 

need a decommissioning plan. 

Signal Interference The applicant shall minimize or mitigate interference with 

electromagnetic communications, such as radio, telephone, microwaves, 

or television signals caused by WECS. The applicant shall notify all 

21 
22 

communication tower operators within 5 miles of the proposed WECS 

location upon application to the county for permits. No WECS shall be 

constructed so as to interfere with County or Minnesota Department of 

Transportation microwave transmissions. 

Noise All WECS shall comply with Minnesota Rule 7030 governing noise. 

Shadow Flicker No shadow flicker standards 

Link http://www.co.brown.mn.us/departments/Crthouse/PlanZone/zoningordi

nance.pdf
Fillmore County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

A-1, B-1, I-1 

Set Backs 1) All wind turbines and meteorological towers shall be set back 1.1 

times their height from all property lines and road rights of way. 

2) The construction of all new turbines and meteorological towers must 

be at least 750 feet from a dwelling unless the dwelling owner and 

turbine/tower owner are the same. 

3) All new dwellings must be set back 750 feet from any wind turbine 

or meteorological tower unless the dwelling owner and turbine/tower 

owner are the same. 

Spacing and 

Density 

No spacing and density standards 

Height Non-commercial WECS shall have a total height of less than 200 feet; 

no standards for commercial 

Clearance Rotor blades or airfoils must maintain at least 12 feet of clearance 

between their lowest point and the ground. 

Access No access standards 

Electrical Wires 1) Feeder lines: All communication and feeder lines equal to or less than 

34.5 kV in capacity, installed as part of WECS shall be buried (where 

reasonably feasible). Feeder lines installed as part of WECS shall not be 

considered an essential service. This standard applies to all feeder lines 

subject to Fillmore County authority. 

2) All WECS and accessory equipment and facilities shall comply with 

the National Electric Code and other applicable standards. 

Lighting Lighting, including lighting intensity and strobe frequency, shall adhere 

to but not exceed requirements established by Federal Aviation 

Administration permits and regulations. Red strobe lights are preferred 

for nighttime illumination to reduce impacts on migrating birds. Red 

pulsating incandescent lights are discouraged. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

All commercial wind turbines and meteorological towers that are part of 

commercial WECS shall be white, grey, or another unobtrusive color. 

Blades may be black to facilitate de-icing. Finishes may be matte or 

non-reflective. The Zoning Administrator may make exceptions for 

meteorological towers, where concerns exist relative to aerial spray 

applicators. 

Signs 1) For commercial WECS. a sign or signs shall be posted on the tower, 

transformer, and substation warning of high voltage. Signs with 

emergency contact information shall also be posted on the turbine or at 

another suitable point. 

2) All signage on the site shall comply with Section 726 of the Fillmore 

County Zoning Ordinance. The manufacturer’s or owner’s company 

name and/or logo may be placed on the nacelle compartment containing 

the electrical generator. 

23 
24 

Permits Required Land Use Permit, Conditional Use Permit 

Restoration 

Requirement 

1) All WECS and accessory facilities shall be removed 4 feet below 

ground level within 90 days of the discontinuation of use. 

2) Commercial WECS shall have decommissioning plans outlining the 

anticipated means and cost of removing WECS at the end of their 

serviceable life or upon becoming discontinued. The cost estimates shall 

be provided by a competent party; such as a professional engineer, a 

contractor capable of decommissioning, or a person with suitable 

expertise or experience with decommissioning. The plan shall also 

identify the financial resources that will be available to pay for the 

decommissioning and removal of the WECS and accessory facilities. 

Signal Interference The applicant shall minimize or mitigate interference with 

electromagnetic communications, such as radio, telephone, microwaves, 

or television signals caused by WECS. The applicant shall notify all 

communication tower operators within 2 miles of the proposed WECS 

location upon application to the county for permits. No WECS shall be 

constructed as to interfere with County or Minnesota Department or 

Transportation microwave transmissions. 

Noise All WECS shall comply with Minnesota Rules 7030, as amended, 

governing noise. 

Shadow Flicker No shadow flicker standards 

Link http://www.co.fillmore.mn.us/zoning/documents/2008wind_energy_con

version_systems_ord.pdf 
Lyon County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

Conditionally permitted in the following districts: agricultural, urban 

expansion, highway commercial, rural residential 

Set Backs 1) 1.1 times total tower height from property lines 

2) 1,000 feet from neighboring dwellings 

3) 600 feet from public conservation lands managed as grasslands 

4) 600 feet from wetlands, USFW types III, IV, and V 

5) Roads: 1 times the total height; may be reduced for minimum 

maintenance roads or a road with an average daily traffic count of less 

than 10 

Spacing and 

Density 

To be considered based on relative size of the existing and proposed 

WECS, alignment of the WECS relative to the predominant winds, 

topography, extent of wake interference impact on existing WECS, 

property line setback of existing WECS 

Height Non-commercial WECS shall have a total height of less than 200 feet. 

No remarks for commercial WECS 

Clearance Rotor blades or airfoils must maintain at least 30 feet of clearance 

between their lowest point and the ground. 

Access No access standards 

Electrical Wires All feeder lines equal to or less than 34.5 kV in capacity shall be buried. 

Lighting Lighting, including lighting intensity and strobe frequency, shall adhere 

to but not exceed requirements established by FAA permits and 

regulations. Red strobe lights are preferred for nighttime illumination to 

reduce impacts on migrating birds. Red pulsating incandescent lights 

should be avoided. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

All wind turbines and towers that are part of commercial WECS shall be 

white, grey, or another non-obtrusive color. Blades may be black to 

facilitate de-icing. Finishes shall be matte or non-reflective. 

Signs All signage on site shall comply with Article 17 of the Lyon County 

Zoning Ordinance. The manufacturer's or owner's company and/or logo 

may be placed on the nacelles of the WECS. 

Permits Required Land Use Permit, Conditional Use Permit. Also, according to Minnesota 

Statute 216F.04, the Public Utilities Commission must issue a site 

permit. 

Restoration 

Requirement 

WECS shall be considered a discontinued use after 1 year without 

energy production. All WECS and accessory facilities shall be removed 

4 feet below ground level within 90 days of the discontinuation of use. 

Signal Interference The applicant shall minimize or mitigate interference with 

electromagnetic communications, such as radio, telephone, microwaves, 

or television signals caused by WECS. The applicant shall notify all 

communication tower operators within 2 miles of the proposed WECS 

location upon application to the county for permits. 

Noise All WECS shall comply with Minnesota Rules 7030, as amended, 

governing noise. 

25 
26 

Shadow Flicker No shadow flicker standards 

Link http://www.lyonco.org/depts/publicworks/pz/windordinancechanges.pdf
Martin County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

Agricultural District, Business and Industry Districts 

Set Backs 1) Rights-of-way: All WECS must be set back from roads rights-of-way 

a distance that is equal to or greater than the height of the WECS as 

measured from the ground level to the top of the tower, the top of the 

rotor, or blade, whichever is higher. (The setback may be reduced to a 

distance agreed upon by the County if the applicant furnishes a 

registered engineer’s certification that the WECS are designed to 

collapse, fall, curl, or bend within a distance or zone shorter than the 

height of the WECS.) 

2) Property lines: All WECS must be set back from property lines a 

distance equal to or greater than the height of the WECS as measured 

from the ground level to the top of the tower, the top of the rotor, or 

blade, whichever is higher. (The setback may be reduced to a distance 

agreed upon by the County if the applicant furnishes a registered 

engineer’s certification that the WECS is designed to collapse, fall, curl, 

or bend within a distance or zone shorter than the height of the WECS. 

The setback may be reduced to a distance agreed upon by the County if 

there are no structures within the fall zone and if an easement is 

obtained from the adjacent landowner or landowners. The easement 

must describe all lands that could be impacted if the tower fell and must 

be in effect as long as the WECS are in place.) 

3) Dwellings: All commercial WECS shall be set back 750 feet from 

dwellings other than the applicant’s dwelling. 

Spacing and 

Density 

No spacing and density standards 

Height No height standards 

Clearance WECS blades must be a minimum of 30 feet above ground level. 

Access The WECS must be guarded against unauthorized climbing. It shall 

either have the climbing apparatus not closer than 12 feet to the ground 

or be un-climbable by design for the first 12 feet. 

Electrical Wires The WECS electrical equipment must adhere to all state, federal, and 

power company rules, regulations, and standards. 

Lighting WECS may not be illuminated unless required by a state or federal 

agency. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

Towers and blades shall be painted white, grey, or another nonreflective, unobtrusive color. 

Signs Signs must be posted at the base of each tower that specifies the 

following information: “Warning High Voltage,” manufacturer’s name, 

emergency shutdown procedures, and emergency phone numbers. No 

permitted sign may exceed 3 square feet in area. Signs other than 

warning signs, equipment labels, emergency information, or owner 

identification are prohibited on WECS. 

27 
28 

Permits Required Conditional Use Permit 

Restoration 

Requirement 

The permit application must contain a decommissioning plan to ensure 

that the project is properly decommissioned upon facility abandonment. 

At a minimum, the decommissioning plan shall include: 

1) Provisions for the removal of all structures, debris, and above-ground 

cabling within 180 days after facility abandonment 

2) Provisions for the restoration of the soil and vegetation within 270 

days after facility abandonment 

Signal Interference No WECS shall be permitted that cause any interference with 

commercial or private use and enjoyment of other legally operating 

telecommunication devices including but not limited to radios, 

television, telephones, personal communication devices, and other 

electronic equipment and devices. 

Noise The WECS must be operated and maintained so that they comply with 

the noise pollution standards of the Minnesota Pollution Control 

Agency. 

Shadow Flicker No shadow flicker standards 

Link http://www.co.martin.mn.us/Plan&Zone/Docs/WIND%20ENERGY.pdf
Nicollet County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

Agriculture, Conservancy, General Business, Limited Industry 

Set Backs 1) Property lines: 1.1 times the total height 

2) Neighboring dwellings: 750 feet 

3) Road rights-of-way: 1.1 times the total height 

4) Other rights-of-way (railroads, power lines, etc.): 1.1 times the total 

height 

5) Public conservation lands: 600 feet 

6) Wetlands, USFW Types III, IV, V: 600 feet 

7) Minnesota River Valley: 1⁄2 mile 

8) Other existing WECS: to be based on: 

a) Relative size of the existing and proposed WECS 

b) Alignment of the WECS relative to the predominant winds 

c) Topography 

d) Extent of the wake interference on existing WECS 

e) Property line setbacks of existing WECS 

f) Other setbacks required 

Spacing and 

Density 

No spacing and density standards 

Height Non-commercial WECS shall have a total height of less than 200 feet; 

no standard for commercial WECS 

Clearance Rotor blades and airfoils must maintain at least 12 feet of clearance 

between their lowest points and the ground 

Access No access standards 

Electrical Wires All communications and feeder lines equal to or less than 34.5 kV in 

capacity installed as part of WECS shall be buried, where reasonably 

feasible. This standard applies to all feeder lines subject to Nicollet 

County authority. 

Lighting Lighting, including lighting intensity and strobe frequency, shall adhere 

to but not exceed requirements established by Federal Aviation 

Administration permits and regulations. Red strobe lights are required 

for nighttime illumination to reduce impacts on migrating birds. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

All wind turbines and towers that are part of commercial WECS shall be 

white, grey, or another non-obtrusive color. Blades may be black to 

facilitate de-icing. Finishes shall be matte or non-reflective. Exceptions 

may be made for meteorological towers, where concerns exist relative to 

aerial spray applicators. 

Signs 1) For all commercial WECS, a sign or signs shall be posted on the 

tower, transformer, and substation warning of high voltage. Signs with 

emergency contact information shall also be posted on the turbine or at 

another suitable point. 

2) All signage on site shall comply with Section 7 of the Nicollet 

County Zoning Ordinance. The manufacturer’s or owner’s name and/or 

29 
30 

logo may be placed on the nacelles of the WECS. 

Permits Required Conditional Use Permit, Zoning Permit 

Restoration 

Requirement 

All WECS and accessory facilities shall be removed to 4 feet below 

ground level within 90 days of the discontinuation of use. 

Decommissioning plan also needed 

Signal Interference The applicant shall minimize interference with existing electromagnetic 

communications such as radio, telephone, microwaves, or television 

signals caused by WECS. The applicant shall notify all communication 

tower operators within 5 miles of the proposed WECS location upon 

application to the county for permits. 

Noise All WECS shall comply with Minnesota Rules 7030 governing noise. 

Shadow Flicker No shadow flicker standards 

Link http://www.co.nicollet.mn.us/File.aspx?Id=FD792355-907D-4233-

8AFB-E67DA3F7907C 
Swift County, Minnesota 

Zoning Areas 

Where Turbines are 

Allowed 

Agricultural Preservation District # 1, Agricultural Preservation District 

# 2, Agricultural Preservation District # 3, Agricultural Preservation 

District # 4, Urban Development District 

Set Backs 1) Property lines: 1.1 times the total height 

2) Neighboring dwellings: 750 feet 

3) Road rights-of-way: 1 times the height; may be reduced for minimum 

maintenance roads or a road with an average daily traffic count of less 

than 10 

4) Other rights-of-way (railroads, power lines, etc.): to be considered by 

the planning commission 

5) Public conservation lands managed as grasslands: 600 feet 

6) Wetlands, USFW Types III, IV, and V: 600 feet 

7) Other structures: to be considered 

8) Other existing WECS: N/A 

Spacing and 

Density 

No spacing and density standards 

Height Small-scale WECS shall have a total height of less than 200 feet. No 

standards for large WECS 

Clearance Rotor blades or airfoils must maintain at least 12 feet of clearance 

between their lowest points and the ground. 

Access No access standards 

Electrical Wires All communication and feeder lines equal to or less than 34.5 kV in 

capacity installed as part of WECS shall be buried where reasonably 

feasible. Feeder lines installed as part of WECS shall not be considered 

an essential service. This standard applies to all feeder lines subject to 

Swift County authority. 

Lighting Lighting, including lighting intensity and strobe frequency, shall adhere 

to but not exceed requirements established by Federal Aviation 

Administration permits and regulations. Red strobe lights are preferred 

for nighttime illumination to reduce impacts on migrating birds. Red 

pulsating incandescent lights should be avoided. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

All wind turbines and towers that are part of large WECS shall be white, 

grey, or another non-obtrusive color. Blades may be black to facilitate 

de-icing. Finishes shall be matte or non-reflective. International blade 

markings are accepted. 

Signs 1) For all large WECS, a sign or signs shall be posted on the tower, 

transformer, and substation warning of high voltage. (Signs with 

emergency contact information shall also be posted on the turbine or at 

another suitable point.) 

2) The manufacturer’s or owner’s company name and/or logo may be 

placed on the nacelles of the WECS. 

Permits Required Land Use Permit, Conditional Use Permit 

31 
32 

Restoration 

Requirement 

All WECS and accessory facilities shall be removed to 4 feet below 

ground level within 90 days of the discontinuation of use. WECS also 

require a decommissioning plan. 

Signal Interference The applicant shall minimize or mitigate interference with 

electromagnetic communications such as radio, telephone, microwaves, 

or television signals caused by WECS. The applicant shall notify all 

communication tower operators within 5 miles of the proposed WECS 

location upon application to the county for permits. No WECS shall be 

constructed as to interfere with County or Minnesota Department of 

Transportation microwave transmissions. 

Noise All WECS shall comply with Minnesota Rules 7030 governing noise. 

Shadow Flicker No shadow flicker standards 

Link http://www.swiftcounty.com/vertical/Sites/%7BCB23E7E9-8CD6-

437F-AE42-22084996955A%7D/uploads/%7B316C62D9-5A0C-436FBECE-6B8A6B7CA644%7D.PDF 
New York 

Hamlin, New York 

Zoning Areas 

Where Turbines are 

Allowed 

Wind Energy Overlay District 

1) A Wind Energy Overlay District may be created in the ResidentialVery Low zoning district only. 

2) Initial requests for Wind Energy Overlay Districts shall be submitted 

with applications for WECS Special Use Permits. No Wind Energy 

Overlay District may be initially created without specific requests for 

WECS. 

3) Once a Wind Energy Overlay District has been created, new WECS 

or accessory structures or facilities may be added in that district by grant 

of a Special Use Permit pursuant to the requirements of this section. 

Set Backs WECS shall be set back from site boundaries, measured from the center 

of the WECS, a minimum distance of: 

1) 600 feet from the nearest site boundary property line, except the 

setback shall be 500 feet where the boundary is with state, county, town, 

or village-owned property 

2) 600 feet from the nearest public road 

3) 1,200 feet from the nearest off-site residence existing at the time of 

application, measured from the exterior of such residence 

4) 100 feet from state-identified wetlands. This distance may be 

adjusted to be greater or lesser at the discretion of the reviewing body, 

based on topography, land cover, land uses, and other factors that 

influence the flight patterns of resident birds. 

Other WECS structures and improvements shall comply with the 

underlying zoning district regulations. 

Spacing and 

Density 

No spacing and density standards 

Height The maximum total height of any turbine shall be 400 feet. 

Clearance The minimum distance between the ground and any part of the rotor or 

blade system shall be 20 feet. 

Access 1) If the property owner submits a written request that fencing be 

required, a 6-foot fence with a locking portal shall be required to 

enclose each tower or group of towers. The color and type of fencing for 

each WECS installation shall be determined on the basis of individual 

applications as safety needs dictate. 

2) No climbing pegs or tower ladders shall be located closer than 12 feet 

to the ground level at the base of the structure for freestanding single 

poles. 

3) WECS shall be designed to prevent unauthorized external access to 

electrical and mechanical components and shall have access doors that 

are kept securely locked. 

4) All access roads shall be gated and locked. 

Electrical Wires All power transmission lines from the tower to any other building or 

other structure shall be located underground to the maximum extent 

practical. 

33 
Lighting No tower shall be lit except to comply with Federal Aviation 

Administration requirements. Minimum-security lighting for groundlevel facilities shall be allowed as approved on the site plan. Security 

lighting shall be designed to minimize light pollution, including the use 

of light hoods, low-glare fixtures, and directing lights at the ground. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

All structures in a project shall be finished in a single, non-reflective, 

matte color or a camouflage scheme. Individual WECS within a wind 

energy overlay zone shall be constructed using wind turbines whose 

appearance, with respect to one another, is similar within and 

throughout the zone to provide reasonable uniformity in overall size, 

geometry, and rotational speeds. 

Signs 1) No advertising signs are allowed on any part of the WECS, including 

fencing and support structures. 

2) No lettering, company insignia, advertising, or graphics shall be on 

any part of the tower, hub, or blades. 

3) Appropriate warning signs shall be posted. At least one sign shall be 

posted at the base of the tower warning of electrical shock or high 

voltage. A sign shall be posted on the entry area of the fence around 

each tower or group of towers and any building (or on the tower or 

building if there is no fence) containing emergency contact information, 

including a local telephone number with 24-hour, 7-days-a-week 

coverage. The town board may require additional signs based on safety 

needs. 

Permits Required Special Use Permit 

Restoration 

Requirement 

The applicant or successors shall continuously maintain an irrevocable 

letter of credit payable to the town for the removal of non-functional 

towers of the appurtenant facilities in an amount to be determined by the 

town for the period of the life of the facility. This fund shall consist of 

an irrevocable letter of credit from a State of New York-licensed 

financial institution. All costs of the financial security shall be borne by 

the applicant. 

Signal Interference No WECS shall be installed in any location where its proximity with 

existing fixed broadcast, retransmission, or reception antenna for radio, 

television, or wireless phone or other personal communication systems 

would produce electromagnetic interference with signal transmission or 

reception. No WECS shall be installed in any location along the major 

axis of an existing microwave communications link where its operation 

is likely to produce electromagnetic interference in the link’s operation. 

If it is determined that WECS are causing electromagnetic interference, 

the operator shall take the necessary corrective action to eliminate this 

interference, including relocation or removal of the facilities, or 

resolution of the issue with the impacted parties. Failure to remedy 

electromagnetic interference is grounds for revocation of the Special 

Use Permit for the specific WECS or WECS causing the interference. 

34 
35 

Noise 1) The statistical sound-pressure level generated by WECS shall not 

exceed a 6dBA increase over ambient measured at the closest exterior 

wall of any residence existing at the time of completing the SEQRA 

review of the application. Independent certification shall be provided 

before and after construction demonstrating compliance with this 

requirement. 

2) In the event audible noise due to WECS operations contains a steady 

pure tone, such as a whine, screech, or hum, the standards for audible 

noise set forth in subparagraph 1) of this subsection shall be reduced by 

5 dBA. A pure tone is defined to exist if one-third octave band sound 

pressure level in the band, including the tone, exceed the arithmetic 

average of the sound pressure levels of the two contiguous one third 

octave bands by 5 dBA for center frequencies of 500 Hz and above, by 

8 dBA for center frequencies between 160 Hz and 400 Hz, or by 15 

dBA for center frequencies less than or equal to 125 Hz. 

3) The ambient noise level shall be expressed in terms of the highest 

whole number sound pressure level in dBA, which is exceeded for more 

than 5 minutes per hour. Ambient noise levels shall be measured at the 

exterior of potentially affected existing residences. Ambient noise level 

measurement techniques shall employ all practical means of reducing 

the effect of wind-generated noise at the microphone. Ambient-noiselevel measurements may be performed when wind velocities at the 

proposed project site are sufficient to allow wind turbine operation, 

provided that the wind velocity does not exceed 30 mph at the ambient 

noise measurement location. 

4) Any noise falling between two whole decibels shall be the lower of 

the two. 

Shadow Flicker No shadow flicker standards 

Link http://www.hamlinny.org/pdf/wind-tower/Wind_Energy_LL-2008.pdf 
Pennsylvania 

Antis Township, Pennsylvania 

Zoning Areas 

Where Turbines are 

Allowed 

No specified zoning areas 

Set Backs 1) Civil structures: Each wind turbine generator shall be set back from 

the nearest existing (at the time of the building permit issuance) school, 

hospital, church, or public library a distance of no less than 2,500 feet. 

2) Participating residences: For existing (at the time of the notice from 

the building code enforcement officer that no building permit is 

required) participating primary occupied residences, the setback 

distance from a wind turbine generator shall be at least 1,000 feet. In the 

event a lesser distance is desired, the developer/permitee shall request a 

waiver to this provision pursuant to the requirements of this ordinance. 

In no event shall the setback distance be less than 1.1 times the total 

height of the wind turbine generator. 

3) Non-participating residences: For existing (at the time of the building 

permit issuance or notice from the building code enforcement officer 

that no building permit is required) non-participating primary occupied 

residences, the setback distance from a wind turbine generator shall be 

at least 2,500 feet. 

4) Property lines: Each wind turbine generator shall be set back from the 

nearest property line a distance of no less than 1,000 feet. 

5) Public roads: Each wind turbine generator shall be set back from the 

nearest public road a distance of no less than 1,000 feet, determined at 

the nearest boundary of the right-of-way for such public road. Unless 

conclusive evidence exists to the contrary, the public road right-of-way 

is presumed to be 66 feet. 

6) Communication and electric lines: Each wind turbine generator shall 

be set back from the nearest above-ground public electric power line or 

public telephone line a distance of no less than 1,000 feet. 

7) Natural resources and historical sites and structures: Each wind 

turbine generator shall be set back a distance of no less than 2,500 feet 

from the nearest existing critical and irreplaceable natural and cultural 

resource areas of the township. 

Spacing and 

Density 

No spacing and density standards 

Height No height standards, but “Developer/permitee shall install wind turbine 

generators of 2 megawatts nameplate capacity each unless otherwise 

agreed to by the parties, which comply with all terms and provisions in 

this agreement.” 

Clearance No clearance standards 

Access 1) The outside of the wind turbine generator towers shall not be 

climbable. 

2) All access doors to the towers and electrical equipment shall be 

locked. 

36 
37 

Electrical Wires All wiring between the wind turbine generators and the substation shall 

be underground to the extent practicable. 

Lighting The wind turbine generators shall not be artificially illuminated except 

as required by the Federal Aviation Administration or any other 

applicable authority. If lighting is required, the lighting alternatives and 

design will seek to minimize the disturbance to the surrounding views. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

The towers and generators of the wind turbine generators shall have a 

non-reflective, painted steel finish in a neutral color, subject to any 

applicable standards of the Federal Aviation Administration or other 

regulatory requirements. The blades of the wind turbine generators are 

not covered by this section. 

Signs 1) No advertising material or signage other than warning, equipment 

information, or indicia of ownership shall be allowed on the wind 

turbine generators. This prohibition shall include the attachment of any 

flag, decorative sign, streamers, pennants, ribbons, spinners, or waving, 

fluttering, or revolving devices, but not including weather devices. 

2) Appropriate and clearly visible warning signage shall be placed on 

each tower, all electrical equipment, and all entrances. 

Permits Required Building Permit: fee is $1,500 per proposed MW for each wind turbine 

generator 

Restoration 

Requirement 

Restoration requirements focus on decommissioning bond 

Signal Interference No signal interference standards 

Noise 1) Developer/permitee shall make a good-faith effort to maintain a noise 

level attributable to the wind turbine generators of not more than 45dbC 

with a reasonable margin of error as measured form the property line of 

existing non-participating residences. 

2) The parties acknowledge that the project’s construction will be the 

source of intermittent noise. Developer/permitee shall require all 

contractors to incorporate reasonable noise-reduction measures to 

mitigate the amount of noise generated during the construction phase. 

Shadow Flicker The facility owner and operator shall make every reasonable effort to 

minimize shadow flicker to any occupied building on a nonparticipating landowner’s property. 

Link http://www.antistownship.org/antis/lib/antis/2006_wind_turbine_ordina

nce.pdf 
South Dakota 

Brookings County, South Dakota 

Zoning Areas 

Where Turbines are 

Allowed 

No zoning standards 

Set Backs 1) Distance from existing off-site residences, business, and public 

buildings shall be 1,000 feet. Distance from on-site or lessor’s residence 

shall be 1,000 feet. 

2) Distance from right-of-way of public roads shall be 500 feet or 1.1 

times the height of the wind turbines (depending on which is greater), 

measured from the ground surface to the tip of the blade when in a fully 

vertical position. 

3) Distance from any property line shall be 500 feet or 1.1 times the 

height of the wind turbine (depending on which is greater), measured 

from the ground surface to the tip of the blade in a fully vertical position 

unless a wind easement has been obtained from the adjoining property 

owner. 

Spacing and 

Density 

The turbines shall be spaced no closer than three rotor diameters 

measurement of blades tip to tip. If required during final micrositing of 

the turbines to account for topographic conditions, up to 10% of the 

towers may be sited closer than the above spacing, but the permittees 

shall minimize the need to site the turbines closer. 

Height No specified height standards 

Clearance The minimum height of blade tips, measured from ground surface when 

a blade is in fully vertical position, shall be 25 feet. 

Access No access standards 

Electrical Wires 1) Electrical cables: The permittees shall place electrical lines, known as 

collectors, and communication cables underground when located on 

private property. Collectors and cables shall also be placed within or 

immediately adjacent to the land necessary for turbine access roads 

unless otherwise negotiated with the affected landowner. 

2) Feeder lines: The permittees shall place overhead electric lines, 

known as feeders, on public right-of-way if a public right-of-way exists. 

Route changes may be made as long as feeders remain on public rightsof-way and approval has been obtained from the government unit 

responsible for the affected right-of-way. If no public right-of-way 

exists, the permittees may place feeders on private property. When 

placing feeders on private property, the permittees shall place the feeder 

in accordance with the easement negotiated with the affected landowner. 

The permittees shall submit the site plan and engineering drawings for 

the feeder lines before commencing construction. 

Lighting Towers shall be marked as required by the Federal Aviation 

Administration. There shall be no lights on the tower other than what is 

required by the FAA. This restriction shall not apply to infrared heating 

devices used to protect the monitoring equipment. 

Equipment No equipment standards 

38 
39 

Appearance, Color, 

and Finish 

The finish of the exterior surface shall be non-reflective and non-gloss. 

Signs No sign standards 

Permits Required Permit required (type not specified) 

Restoration 

Requirement 

Upon expiration of this permit, or upon earlier termination of systems 

operation, the permittees shall have the obligation to dismantle and 

remove from the site all towers, turbine generators, transformers, 

overhead and underground cables, foundations, building, and ancillary 

equipment to a depth of 4 feet. To the extent possible, the permittees 

shall restore and reclaim the site to its pre-project topography and 

topsoil quality. All access roads shall be removed unless written 

approval is given by the affected landowner requesting that one or more 

roads, or portions thereof, be retained. Any agreement for removal to a 

lesser depth or for no removal shall be recorded with the County Zoning 

Office and shall show the locations of all such foundations. All such 

agreements between the permittees and the affected landowner shall be 

submitted to the County Zoning Office prior to completion of 

restoration activities. The site shall be restored in accordance with the 

requirements of this condition within 18 months after expiration. 

Signal Interference The permittees shall not operate the WECS so as to cause microwave, 

television, radio, or navigation interference contrary to Federal 

Communication Commission regulations or other law. In the event such 

interference is caused by the WECS or its operations, the permittees 

shall take measures necessary to correct the problem. 

Noise Noise level shall not exceed 50 dBA, including constructive interference 

at existing off-site residences, businesses, and public buildings. 

Shadow Flicker No shadow flicker standards 

Link http://www.brookingscountysd.gov/zoning/Completed%20Zoning%20

Ordinance-11-27-07_w_%202008-04update.pdf
Wisconsin 

Buffalo County, Wisconsin 

Zoning Areas 

Where Turbines are 

Allowed 

Agricultural 

Set Backs 1) Blufflines: Each wind turbine shall be set back from all blufflines. 

2) Habitable structures: Each wind turbine shall be set back from a 

habitable structure a distance of 50 feet, plus the height of the turbine 

from ground level to the tip of the blade at maximum height. 

3) Property lines: Each wind turbine shall be set back from the nearest 

public road right-of-way a distance of 50 feet, plus the height of the 

wind turbine from ground level to the tip of the blade at maximum 

height. 

4) Communication and electrical power lines: Each wind turbine shall 

be set back from the nearest above-ground electric power line or 

telephone line a distance of 50 feet, plus the height of the tower as 

determined from the existing line unless appropriate easements are 

obtained from the power or telephone company whose lines would be 

affected and recorded at Buffalo County Register of Deeds. 

Spacing and 

Density 

No spacing and density standards 

Height No height standards 

Clearance 50 feet 

Access 1) Wind turbine towers shall not be climbable up to 15 feet above 

ground level. 

2) All access doors to wind turbine towers and electrical equipment 

shall be lockable. 

Electrical Wires 1) All wiring between wind turbines and the WECS substation shall be 

underground. 

2) Electrical controls and control wiring and power lines shall be 

wireless or not above ground except where wind farm collector wiring is 

brought together for connection to the transmission or distribution 

network, adjacent to that network. 

Lighting WECS shall not be artificially lit, except to the extent required by the 

Federal Aviation Administration or other applicable authority. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

1) Wind turbines shall be painted a non-reflective, non-obtrusive color. 

2) At WECS sites, the design of the buildings and related structures 

shall, to the extent reasonably possible, use materials, colors, textures, 

screening, and landscaping that will blend the WECS into the natural 

setting and the existing environment. 

Signs 1) Wind turbines shall not be used to display any advertising except for 

reasonable identification for the manufacturer or operator of the WECS. 

2) Appropriate warning signs shall be placed on wind turbine towers, 

electrical equipment, and WECS entrances. 

40 
Permits Required Conditional Use Permit, Wind Energy Conversion System Zoning 

Permit 

Restoration 

Requirement 

No restoration requirements, but a plan for abandonment must 

accompany the application for a conditional use permit. 

Signal Interference The applicant shall take reasonable steps to minimize interference with 

electromagnetic communications, such as radio, telephone, or television 

signals caused by WECS. 

Noise 1) Audible noise due to WECS operations shall not exceed 50 dBA for 

any period of time, when measured at any inhabited structure. 

2) In the event the audible noise due to WECS operations contains a 

steady pure tone, such as a whine, screech, or hum, the standards for 

audible noise set forth in subparagraph (1) of this subsection shall be 

reduced by 5 dBA. A pure tone is defined to exist if 1/3 octave band 

sound pressure level in the band, including the tone, exceeds the 

arithmetic average of the sound pressure levels of the two contiguous 

1/3 octave bands by 5 dBA for center frequencies of 500 Hz and above, 

by 8 dBA for center frequencies between 160 Hz and 400 Hz, or by 15 

dBA for center frequencies less than or equal to 125 Hz. 

3) In the event the ambient noise level (exclusive of the development in 

question) exceeds the applicable standard given above, the applicable 

standard shall be adjusted so as to equal the ambient noise level. The 

ambient noise level shall be expressed in terms of the highest whole 

number sound pressure level in dBA, which is succeeded for more than 

5 minutes per hour. Ambient noise levels shall be measured at the 

exterior of potentially affected existing residences, schools, hospitals, 

churches, and public libraries. Ambient noise level measurement 

techniques shall employ all practical means of reducing the effect of 

wind-generated noise at the microphone. Ambient noise level 

measurements may be performed when wind velocities at the proposed 

project site are sufficient to allow wind turbine operation, provided that 

the wind velocity does not exceed 30 mph at the ambient noise 

measurement location. 

4) Any noise falling between 2 decibels shall be the lower of the two. 

5) In the event the noise levels resulting from the WECS exceed the 

criteria listed above, a waiver to said levels may be granted by the 

Board of Adjustment provided that the following has been 

accomplished: 

a) Written consent from the affected property owners has been 

obtained stating that they are aware of the WECS and the noise 

limitations imposed by this ordinance and that consent is granted 

to allow noise levels to exceed the maximum limits otherwise 

allowed. 

b) If the applicant wishes the waiver to apply to succeeding owners 

of the property, a permanent noise impact easement is recorded 

in the Buffalo County Register of Deeds that describes the 

41 
42 

benefited and burdened properties and that advises all 

subsequent owners of the burdened properties that noise levels in 

excess of those permitted by this ordinance may exist on or at 

the burdened property. 

Shadow Flicker No shadow flicker standards, but a “document including an 

accompanying aerial photo if necessary, showing the shadow flicker 

projection” must accompany the application for a conditional use 

permit. 

Link http://www.buffalocounty.com/County%20Board/Ordinances/Full%20

Wind%20Energy%20Facility%20Ordinance.pdf 
Door County, Wisconsin

Zoning Areas 

Where Turbines are 

Allowed 

WECS may only be constructed in areas that are designated as 

Exclusive Agricultural, Prime Agricultural, General Agricultural, 

Countryside and Heartland-10 

Set Backs 1) Inhabited structures: WECS shall be set back from the nearest 

residence, school, hospital, church, public library, and/or places of 

frequent public gathering a distance of no less than the greater of 

(A) two times its total height or (B) 1,000 feet. 

2) Property lines: WECS shall be set back from the nearest property line 

the distance of the fall zone, as certified by a professional engineer, plus 

10% of its total height, or a distance no less than 1.1 times its total 

height, whichever is greater. 

3) Public and private roads: WECS shall be set back from the nearest 

public or private road or other right of way the distance of the fall zone 

as certified by a professional engineer plus 10% of its total height, or no 

less than 1.1 times its total height, whichever is greater. This setback 

shall be measured from the nearest boundary of the underlying right-of-way. 

 4) Telephone and electrical lines: WECS shall be set back from aboveground electrical power lines, telephone lines, or unimproved easements 

for the same distance of the fall zone, as certified by a professional 

engineer, plus 10% of its total height, or a distance no less than 1.1 

times its total height, whichever is greater. Setbacks from existing 

power or telephone lines shall be measured from the lines. If no power 

line or telephone line exists within a utility easement, the setback shall 

be measured from the nearest utility easement right-of-way boundary. 

5) Critical Communications Systems: 

a) WECS shall be set back a distance no less than 1/2 mile to existing 

critical communication structures, unless the applicant/permit 

holder/owner has submitted a plan to provide a replacement signal that 

would restore reception to at least the level present before operation of 

the wind energy system in the event of signal interference; and 

b) WECS shall be set back a distance no less than 500 feet from either 

side of the line of sight of an existing critical microwave 

communications link, unless the applicant/permit holder/owner has 

submitted a plan to provide a replacement signal that would restore 

reception to at least the level present before operation of the wind 

energy system in the event of signal interference. 

Spacing and 

Density 

No spacing or density standards 

Height No height restrictions 

Clearance The blade tip of any wind turbine shall, at its lowest point, have ground 

clearance of no less than 75 feet. 

Access Any wind turbine and/or accessory structure shall not be climbable up to 

15 feet above ground level. WECS sites shall be secure (e.g., fence, 

locked gate, and locked doors to any wind turbine and/or accessory 

structure). 

43 
Electrical Wires Electrical controls and control wiring shall be wireless or below ground. 

WECS collector wiring connected to the transmission or distribution 

network, adjacent to that network, may be above ground. 

Lighting WECS shall not be artificially lighted, except to the minimum extent 

required by the Federal Aviation Administration or other applicable 

authority. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

Wind turbines shall be painted a non-reflective, non-obtrusive color. 

Signs Wind turbines shall not be used to display any advertising except for 

reasonable identification of the manufacturer or operator of the WECS 

and the utility procuring the power. 

Permits Required WECS Siting Permit 

Restoration 

Requirement 

1) All WECS components shall be removed from the property. 

2) All items in outdoor storage will be removed from the property. 

3) All building foundations, tower pads, and buried electrical 

improvements shall be removed to a depth of 4 feet below the ground 

surface. 

4) All excavated areas shall be filled in and made level with ground 

surface surrounding the excavated area with unconsolidated soil 

material, at least the top 4 inches of which shall be screened topsoil. 

5) A post-decommissioning storm water runoff plan shall be 

implemented. 

Signal Interference The applicant/permit holder/owner shall conduct a study on critical 

communications per s.3.02(2)(c). Not sooner than 12 months and not 

later than 18 months of the date when the project becomes fully 

operational, or at any time upon receipt of a verified complaint of signal 

interference, the applicant/permit holder/owner shall also submit to the 

Zoning Administrator a critical communications systems interference 

study prepared by a registered professional engineer (qualified by 

training, education, and experience to conduct such a study) certifying 

that the WECS do not and will not interfere with critical 

communications. If it is determined at any time that the WECS interfere 

with critical communications, the applicant/permit holder/owner shall 

implement and maintain any corrective measure needed to insure that 

the WECS will not interfere with critical communications. 

Noise 1) Audible sound due to WECS operations shall not exceed (50) dBA 

for any period of time when measured at the property line of any 

residence, school, hospital, church public library, or place of frequent 

public gathering existing on the date of issuance of any WECS Siting 

Permit, or any proposed structure which meets requirements of s. 

3.04(1)(b). 

2) Audible sound due to WECS operations shall not exceed 45 dBA 

inside any occupied structure existing on the date of issuance of any 

WECS Siting Permit. 

44 
3) In the event audible sound due to operations contains a steady pure 

tone, such as a whine, screech, or hum, such sound shall not exceed 45 

dBA for any period of time when measured at the property line of any 

residence, school, hospital, church, public library, or place of frequent 

public gathering existing on the date of issuance of any WECS Siting 

Permit, or any proposed structure which meets requirements of s. 

3.04(1)(b). 

4) If the ambient sound level causes WECS that would otherwise be 

compliant to exceed the applicable standards given above, the applicable 

standards shall be adjusted to the ambient sound level. 

5) In the event audible sound due to operations shall exceed the audible 

sound standards listed above, a waiver to said standards may be granted 

provided that the following has been accomplished: 

a) Written consent from the affected property owners has been 

obtained stating that they are aware of the WECS and the 

audible sound standards imposed by this ordinance, and that 

consent is granted to allow sound levels to exceed the audible 

sound standards otherwise allowed; and 

b) The applicant/permit holder/owner shall record a permanent 

sound impact easement with the Door County Register of Deeds, 

which describes the burdened properties and which advises all 

subsequent owners of the burdened property that sound levels in 

excess of audible sound standards permitted by this ordinance 

may exist on or at the burdened property. 

6) The applicant/permit holder/owner shall submit to the Zoning 

Administrator a sound study prepared by a registered professional 

engineer (qualified by training, education, and experience to conduct 

such a study) certifying compliance with the sound regulations set forth 

herein no sooner than 12 months and no later than 18 months of the date 

when the project becomes fully operational, or at any time upon receipt 

of a verified sound complaint. If at any time it is determined that the 

maximum sound levels set forth herein are exceeded, the 

applicant/permit holder/owner shall immediately implement any and all 

measures necessary to permanently reduce sound levels to compliant 

levels. 

Shadow Flicker The applicant/permit holder/owner shall conduct a study on shadow 

flicker and blade glint per s. 3.02 (2)(b). Not sooner than 12 months and 

not later than 18 months of the date when the project becomes fully 

operational, or at anytime upon receipt of a verified complaint of 

shadow flicker and/or blade glint, the applicant/permit holder/owner 

shall also submit to the Zoning Administrator a shadow flicker and 

blade glint study prepared by a registered professional engineer 

(qualified by training, education, and experience to conduct such a 

study) certifying that shadow flicker and blade glint present no 

deleterious effects for any occupied structure located within a 1-mile 

radius of any wind turbine. If it is determined that shadow flicker and/or 

45 
46 

blade glint exists at any occupied structures, the applicant/permit 

holder/owner shall implement and maintain all necessary remedial 

measures. 

Link http://www.co.door.wi.gov/county/app/docs/door/200806120844493880

68.pdf 
Manitowoc, Wisconsin

Zoning Areas 

Where Turbines are 

Allowed 

May be located in areas that are zoned A-3 Agriculture or PA-Prime 

Agricultural. May not be located within 1⁄4-mile of any area that is zoned 

C1-Conservancy or NA-Natural Area or within 1⁄4-mile of any state or 

county forest, hunting area, lake access, natural area, or park. 

Set Backs 1) At least 1.1 times the total height of the large wind system from the 

property line of a participating property 

2) At least 1,000 feet from the property line of a nonparticipating 

property unless the owner of the nonparticipating property grants an 

easement for a lesser setback. The easement must be recorded with the 

Register of Deeds and may not provide for a setback that is less than 1.1 

times the total height of the large wind system. 

3) At least 1.1 times the total height of the large wind system or 500 feet, 

whichever is greater, from any public road or power line right-of-way 

Spacing and 

Density 

A wind tower must be separated from every other wind tower by a 

sufficient distance so that it does not interfere with the other wind tower.

Height The total height of a wind energy system must be 500 feet or less. 

Clearance The vertical distance from ground level to the tip of a wind turbine 

blade when the blade is at its lowest point must be at least 75 feet. 

Access A wind tower, including any climbing aids, must be secured against 

unauthorized access by means of a locked barrier or security fence. 

Electrical Wires All electrical wires associated with a wind energy system, other than 

wires necessary to connect the wind turbine to its base and to overhead 

collection lines, must be located underground. 

Lighting A wind tower and turbine may not be artificially lighted unless such 

lighting is required by the Federal Aviation Administration. If lighting is 

required, the lighting must comply with FAA minimum requirements 

and, whenever possible, be at the lowest intensity allowed, avoid the use 

of strobe or other intermittent white lights, and use steady red lights. If 

more than one lighting alternative is available, the alternative that 

causes the least visual disturbance must be used. 

Equipment Any electrical equipment associated with a wind energy system must be 

located under the sweep area of a blade assembly. 

Appearance, Color, 

and Finish 

The exterior surface of any visible components of a wind energy system 

must be a non-reflective, neutral color. Wind towers and turbines in a 

wind farm system that are located within 1 mile of each other must be of 

uniform design, including tower type, color, number of blades, and 

direction of blade rotation. 

Signs No wind turbine, tower building, or other structure associated with a 

wind energy system may be used to advertise or promote any product or 

service. No word or graphic representation, other than appropriate 

warning signs and owner identification, may be placed on a wind 

turbine, tower, building, or other structure associated with a wind 

energy system so as to be visible from any public road. 

47 
Permits Required Zoning Permit and Conditional Use Permit. Fees are required for both, 

including a $100 processing fee under the conditional use permit for 

each large wind system included in the wind farm system. 

Restoration 

Requirement 

A large wind system, met tower, or wind farm system that is out of service 

for a continuous 12-month period will be deemed to have been abandoned 

and must be removed within 3 months of receipt of Notice of Abandonment 

unless the Administrator withdraws the notice or within 6 months of 

providing notice of termination of operations. The owner must: 

1) Remove all turbines, above-ground improvements, and outdoor 

storage 

2) Remove all foundations, pads, and underground electrical wires and 

reclaim the site to a depth of 4 feet below the surface of the ground 

3) Remove all hazardous material in accordance with federal and state 

law 

Signal Interference 1) The owner of a large wind energy system, met tower, or wind farm 

system must take reasonable steps to prevent and eliminate any 

interference with the transmission and reception of electromagnetic 

communications, such as microwave, radio, telephone, or television 

systems. 

2) A large wind energy system or met tower may not be located within 

an emergency communication corridor, which is defined as the area 

within 500 feet of a line connecting a specific pair of communication 

towers. (See link to ordinance for specific details.) 

Noise 1) The noise generated by the operation of a large wind energy system 

may not exceed the ambient noise level by more than 5dB as measured 

at any point on property adjacent to the parcel on which the large wind 

energy system is located. The noise level generated by the operation of a 

large wind energy system will be determined during the investigation of 

a noise complaint by comparing the sound level measured when the 

wind generator blades are rotating to the sound level measured when the 

wind generator blades are stopped. 

2) Each wind tower must have a placard posted in plain view and easily 

readable by a person on the ground. The placard must provide a 

telephone number for law enforcement or other county officials to call 

for purposes of noise complaint investigation, sound level measurement, 

or administration of this ordinance. A person must be reachable through 

that telephone number at all times, and the owner must be able to 

promptly control the operation of the large wind energy system as 

necessary to permit noise complaint investigation and sound level 

management. 

Shadow Flicker The owner of a large wind system must take such reasonable steps as 

are necessary to prevent, mitigate, and eliminate shadow flicker on any 

occupied structure on a nonparticipating property. 

Link http://www.manitowoccounty.com/Upload/8/Chapter%2024%20Curren

t%20-%202007-1030.pdf 

48 
Mitchell, Wisconsin 

Zoning Areas 

Where Turbines are 

Allowed 

No zoning area standards 

Set Backs 1) Inhabited structures: Each wind turbine shall be set back from the 

nearest residence, school, hospital, church, or public library a distance 

of no less than 1.1 times its total height. 

2) Property lines: Each wind turbine shall be set back from the nearest 

property line a distance of no less than 1.1 times its total height, unless 

appropriate easements are secured from adjacent property owners, or 

other acceptable mitigation is approved by the Commission. 

3) Public roads: Each wind turbine shall be set back from the nearest 

public road a distance no less than 1.1 times its total height, determined 

at the nearest boundary of the underlying right-of-way for such public 

road. 

4) Communication and electrical lines: Each wind turbine shall be set 

back from the nearest above-ground public electric power line or 

telephone line a distance of no less than 1.1 times its total height, 

determined from the existing power line or telephone line. 

Spacing and 

Density 

No spacing or density standards 

Height No height standard 

Clearance The blade tip of any wind turbine shall, at its lowest point, have ground 

clearance of no less than 2/3 the height of the tower to the hub or 14 

feet, whichever is greater. 

Access 1) Wind turbine towers shall not be climbable up to 14 feet above 

ground level. 

2) All access doors to wind turbine towers and electrical equipment 

shall be lockable. 

Electrical Wires 1) All wiring between wind turbines and WECS substations shall be 

underground. 

2) Electrical controls and control wiring and power lines shall be 

wireless or not above ground except for where wind farm collector 

wiring is brought together for connection to the transmission or 

distribution network, adjacent to that network. 

Lighting WECS shall not be artificially lighted, except to the extent required by 

the Federal Aviation Administration or other applicable authority. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

Wind turbines shall be painted a non-reflective, non-obtrusive color. 

Signs Wind turbines shall not be used to display advertising except for 

reasonable identification of the manufacturer or operator of the WECS. 

Appropriate warning signage shall be placed on wind turbine towers, 

electrical equipment, and WECS entrances. 

Permits Required Conditional Use Permit Wind Energy Siting Permit 

49 
Restoration 

Requirement 

No decommissioning standards 

Signal Interference The applicant shall minimize or mitigate interference with 

electromagnetic communications, such as radio, telephone, microwaves, 

or television signals caused by any WECS. 

Noise 1) Audible noise due to WECS operations shall not exceed 50 dBA for 

any period of time, when measured at any residence, school, hospital, 

church, or public library existing on the date of approval of any wind 

energy siting permit. 

2) In the event audible noise due to WECS operations contain a steady 

pure tone, such as a whine, screech, or hum, the standards for audible 

noise set forth in subparagraph 1) of this subsection shall be reduced by 

5 dBA. A pure tone is defined to exist if one-third octave band sound 

pressure level in the band, including the tone, exceeds the arithmetic 

average of the sound pressure levels of the two contiguous one-third 

octave bands by 5 dBA for center frequencies of 5 Hz or by 15 dBA for 

center frequencies less than or equal to 125 Hz, measuring noise from 

the property line. 

3) In the event the ambient noise level (exclusive of the development in 

question) exceeds the applicable standard given above, the applicable 

standard shall be adjusted so as to equal the ambient noise level. The 

ambient noise level shall be expressed in terms of the highest whole 

number sound pressure level in dBA, which is succeeded for more than 

5 minutes per hour. Ambient noise levels shall be measured at the 

exterior of potentially affected existing residences, schools, hospitals, 

churches, and public libraries. Ambient noise level measurement 

techniques shall employ all practical means of reducing the effect of 

wind-generated noise at the microphone. Ambient noise level 

measurements may be performed when wind velocities at the proposed 

project are sufficient to allow wind turbine operations, provided that 

wind velocity does not exceed 30 mph at the ambient noise 

measurement location. 

4) Any noise level falling between two whole decibels shall be the 

lower of the two. 

5) In the event the noise levels resulting from the WECS exceed the 

criteria listed above, a waiver to said levels may be granted by the town 

provided that the following have been accomplished: 

a) Written consent from the affected property owners has been 

obtained stating that they are aware of the WECS and the noise 

limitations imposed by this ordinance and that consent is granted 

to allow noise levels to exceed the maximum limits otherwise 

allowed; and 

b) If the applicant wishes the waiver to apply to succeeding owners 

of the property, a permanent noise impact easement has been 

recorded in the [Office of the Town/County Register of Deeds] 

50 
51 

that describes the benefited and burdened properties and that 

advises all subsequent owners of the burdened property that noise 

levels in excess of those permitted by this ordinance may exist on 

or at the burdened property. 

Shadow Flicker No shadow flicker standards 

Link http://www.townofmitchell.com/ordinances/windturbines.pdf 
Morrison, Wisconsin 

Zoning Areas 

Where Turbines are 

Allowed 

Large Wind Energy Conversion Systems may only be constructed in 

areas zoned Agriculture. 

Set Backs 1) Inhabited structures: Each large wind turbine shall be set back from 

the nearest inhabited structure a distance of no less than the greater of 

two times its total height or 1,000 feet. (The Morrison Town Board may 

grant a waiver to this requirement for a participating and/or nonparticipating landowner to decrease the setback. In no instance shall the 

setback be decreased to less than 1.1 times the total height of the wind 

turbine. This waiver shall be signed by the impacted property owner and 

recorded with the Brown County Register of Deeds.) 

2) Property lines: Each wind turbine shall be set back from the nearest 

property line 1.1 times its total height. (The Morrison Town Board may 

grant a waiver to this provision where strict enforcement would not 

serve the public interest. This waiver shall be signed by the impacted 

owner and recorded with the Brown County Register of Deeds.) 

3) Public roads: Each wind turbine shall be set back from the nearest 

public road right-of-way a distance no less than 1.1 times its total 

height. (The Morrison Town Board may grant a waiver to this provision 

where strict enforcement would not serve the public interest.) 

4) Communication and utility lines 

a) The owner of WECS must meet all utility company setbacks 

and/or easements. The owner of WECS is responsible for 

contacting the appropriate utility to determine location of all 

above-ground and underground utility lines including, but not 

limited to, electricity, natural gas, petroleum, propane, cable 

television, and fiber optic. 

b) Utility line and/or easement locations shall be provided to the 

Town of Morrison for verification. 

Spacing and 

Density 

No spacing and density standards 

Height No specific height standards, although a large wind turbine is defined to 

be up to 500 feet tall 

Clearance The blade tip of any large wind turbine shall, at its lowest point, have 

ground clearance of no less than 75 feet. 

Access 1) Wind turbine towers shall not be climbable up to 15 feet above 

ground level and must be located inside of the tower. 

2) All access doors to wind turbine towers and electrical equipment 

shall be locked when unattended. 

3) All substations shall be fenced to prevent public access. Chain link 

fencing shall include vinyl or aluminum slats or other landscaping to 

create an opaque visual barrier. 

Electrical Wires 1) All electrical wires and lines connecting each turbine to the next 

turbine shall be installed underground. The wires and lines running from 

the last turbine in a string to any substation connecting to the electric 

52 
utility shall also be run underground, unless the town determines that 

overhead lines would best serve the intent of the ordinance. 

2) Electrical controls, control wiring, and power lines shall be wireless 

or not above ground except where wind farm collector wiring is brought 

together for connection to the transmission or distribution network, 

adjacent to that network. 

Lighting WECS shall not be artificially lighted, except to the extent required by 

the Federal Aviation Administration. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

1) Wind turbines shall be painted a non-reflective, non-obtrusive color, 

such as grey, white, or off-white. 

2) At large WECS sites, the design of the building and related structures 

shall, to the extent possible, use materials, colors, textures, screening, 

and landscaping that will blend the large WECS into the natural setting 

and existing environment. 

Signs 1) No form of advertising shall be allowed on the pole, turbine, blades, 

or other buildings or facilities associated with the use, except for 

reasonable identification of the manufacturer or operator of the large 

WECS. 

2) Appropriate warning signage shall be placed on wind turbine towers, 

electrical equipment, and large WECS entrances. 

Permits Required Building Permit, Conditional Use Permit 

Restoration 

Requirement 

1) The site shall be stabilized, graded, and cleared of any debris by the 

owner of the facility or its assigns. If the site is not to be used for 

agricultural practices following removal, the site shall be seeded to 

prevent soil erosion. 

2) Any foundation shall be removed to a minimum depth of 8 feet below 

grade by the owner of the facility or its assigns. (Following removal, the 

location of any remaining wind turbine foundation shall be identified on 

a map as such and recorded with the deed to the property with the 

Brown County Register of Deeds.) 

3) Any access roads shall be removed, cleared, and graded by the owner 

of the large WECS or its assigns, unless the property owner wants to 

keep the access road. The Town of Morrison will not be assumed to take 

ownership of any access road unless through official action of the town 

board. 

Signal Interference The applicant shall mitigate any interference with electromagnetic 

communications, such as, but not limited to, radio, telephone, or 

television signals, including any public agency radio systems, caused by 

any large WECS. 

Noise 1) Audible noise due to large WECS operations shall not exceed 50 

dBA for 10% of the time over a continuous 24-hour period when 

measured at any inhibited structure existing on the date of approval of a 

large WECS building permit. 

a) If audible noise exceeds 50 dBA for 10% of the time over a 

continuous 24-hour period, the offending wind turbine must be 

53 
54 

inoperable until repairs are completed or a waiver is obtained 

from affected property owners. 

b) The Town of Morrison reserves the right to review the repair plan 

and evaluate its effectiveness. 

2) WECS shall not create an audible steady, pure tone such as a whine, 

screech, hum, or vibration. 

3) In the event the ambient noise level (exclusive of the development in 

question) exceeds the applicable standard given above, the applicable 

standard shall be adjusted so as to equal the ambient noise level. The 

ambient noise level shall be expressed in terms of the highest whole 

number sound pressure level in dBA, which is succeeded for more than 

5 minutes per hour. Ambient noise level measurement techniques shall 

employ all practical means of reducing the affect of wind-generated 

noise at the microphone. Ambient noise level measurements may be 

performed when wind velocities at the proposed project site are 

sufficient to allow wind turbine operation, provided that the wind 

velocity does not exceed 30 mph at the ambient noise level 

measurement location. 

4) Any noise level emanating from WECS falling between two whole 

decibels shall be the higher of the two. 

5) The applicant or wind turbine facility owner shall pay for any noise 

monitoring or measurements, with need determined by the Morrison 

Town Board. 

6) In the event the noise levels resulting from the WECS exceed the 

criteria listed above, a waiver to said levels may be granted by the town 

providing the following has been accomplished: 

a) Written consent from the affected property owners has been 

obtained stating that they are aware of the large WECS and noise 

limitations imposed by this ordinance and that consent is granted 

to allow noise levels to exceed the maximum limits otherwise 

allowed; and, 

b) A permanent noise impact easement has been recorded in the 

Brown County Register of Deeds that describes the benefited and 

burdened properties and that advises all subsequent owners of the 

burdened property that noise levels in excess of those permitted 

by this ordinance may exist on or at the burdened property. 

Shadow Flicker The large WECS owner/operator shall make reasonable efforts to 

minimize or mitigate shadow flicker to any inhabited structure on a nonparticipating landowner’s property. 

Link http://www.townofmorrison.org/OrdinancesZoning/XXIV_Wind_Energ

y_Facility_Ordinance_final.pdf 
Town of Rockland, Wisconsin 

Zoning Areas 

Where Turbines are 

Allowed 

Exclusive Agriculture 

Set Backs 1) Inhabited structures: Each wind turbine shall be set back from the 

nearest residence, school, church, or public library a distance of no less 

than the greater of two times its total height or 1,000 feet. (The 

Rockland Town Board may grant a waiver to this requirement for a 

participating and/or non-participating landowner to decrease the 

setback. In no instance shall the setback be decreased to less than 1.1 

times the total height of the wind turbine. This waiver shall be signed by 

the impacted property owner and recorded with the Brown County 

Register of Deeds.) 

2) Property lines: Each wind turbine shall be set back from the nearest 

property line a distance of no less than 1.1 times its total height. (The 

Rockland Town Board may grant a waiver to this provision where strict 

enforcement would not serve the public interest. This waiver shall be 

signed by the impacted property owner and recorded with the property 

with the Brown County Register of Deeds.) 

3) Public roads: Each wind turbine shall be set back from the nearest 

public road right-of-way a distance of no less than 1.1 times its total 

height. (The Rockland Town Board may grant a waiver to this provision 

where strict enforcement would not serve the public interest.) 

4) Communication and utility lines: Large WECS must meet all utility 

company setbacks and/or easements. The owner of the large WECS is 

responsible for contacting the appropriate utility to determine the 

location of all above-ground and underground utility lines including, but 

not limited to, electricity, natural gas, petroleum, propane, cable 

television, and fiber optic. Utility line and/or easement locations shall be 

provided to the Town of Rockland for verification. 

5) Niagara Escarpment Ledge Face: The Town of Rockland recognizes 

the limitations imposed on it by Section 66.0401 Wis. Stats to require a 

setback from the Niagara Escarpment Ledge Face. However, due the 

significance of the Niagara Escarpment Ledge Face to the character of 

the town, the karst features (sinkholes, fractured bedrock, etc.) 

associated with the Niagara Escarpment, the potential for groundwater 

contamination and impact of nearby wells from blasting, and the 

potential impact on endangered plants and animals, each wind turbine 

should be set back a minimum of 1,500 feet from the Niagara 

Escarpment Ledge Face. A map depicting the recommended setback 

from the ledge face is on file with the Town of Rockland. 

Spacing and 

Density 

No spacing and density standards 

Height 170 feet and over is considered a large wind energy system 

Clearance The blade tip of any wind turbine shall, at its lowest point, have ground 

clearance of no less than 75 feet. 

55 
Access 1) Wind turbine towers shall not be climbable up to 15 feet above 

ground level and must be located inside the tower. 

2) All access doors to wind turbine towers and electrical equipment 

shall be lockable. 

3) All substations shall be fenced to prevent public access. Chain link 

fencing shall include vinyl or aluminum slats or other landscaping to 

create an opaque visual barrier. 

Electrical Wires 1) Electrical controls, control wiring, and power lines shall be wireless 

or not above ground where wind farm collector wiring is brought 

together for connection to the transmission or distribution network, 

adjacent to that network. 

2) All electrical components of the large WECS shall conform to 

relevant and applicable local, state, and national codes, and relevant and 

applicable international standards. 

3) All wiring between wind turbines and the large WECS substations 

shall be underground. 

Lighting WECS shall not be artificially lighted, except to the extent required by 

the Federal Aviation Administration. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

1) Wind turbines shall be painted a non-reflective, non-obtrusive color, 

such as grey, white, or off-white. 

2) At large WECS sites, the design of the buildings and related 

structures shall, to the extent possible, use materials, colors, textures, 

screening, and landscaping that will blend the large WECS into the 

natural setting and existing environment. 

Signs 1) No form of advertising shall be allowed on the pole, turbine, blades, 

or other buildings, except for reasonable identification of the 

manufacturer or operator of the large WECS. 

2) Appropriate warning signage shall be placed on wind turbine towers, 

electrical equipment, and large WECS entrances. 

Permits Required Conditional Use Permit 

Restoration 

Requirement 

1) The site shall be stabilized, graded, and cleared of any debris by the 

owner of the facility or its assigns. If the site is not to be used for 

agricultural practices following removal, the site shall be seeded to 

prevent soil erosion. 

2) Any foundation shall be removed to a minimum depth of 4 feet below 

grade, or to the level of bedrock if less than 4 feet below grade, by the 

owner of the facility or its assigns. (Following removal, the location of 

any remaining wind turbine foundation shall be identified on a map as 

such and recorded with the deed to the property with the Brown County 

Register of Deeds.) 

3) Any access roads shall be removed, cleared, and graded by the owner 

of the facility or its assigns, unless the property owner wants to keep the 

access road. The Town of Rockland will not be assumed to take 

ownership of any access road unless through official action of the town 

board. 

56 
4) Removal shall conform to the contract between property owner and 

the owner/operator of the large WECS, in addition to the requirements 

set forth in this ordinance. 

Signal Interference The applicant shall mitigate any interference with electromagnetic 

communications, such as radio, telephone, or television signals, 

including any public agency radio systems, caused by any large WECS. 

Noise 1) Audible noise due to large WECS operations shall not exceed 50 

dBA for 10% of the time over a continuous 24-hour period, when 

measured at any residence, school, hospital, church, or public library 

existing on the date of approval of a large WECS building permit. 

2) If audible noise exceeds 50 dBA for 10% of the time over a 

continuous 24-hour period, the offending wind turbine must be 

inoperable until repairs are completed or a waiver is obtained from 

affected property owners in accordance with 11.07(F). 

3) The Town of Rockland reserves the right to review the repair plan 

and evaluate its effectiveness. 

4) WECS shall not create an audible steady, pure tone such as a whine, 

screech, hum, or vibration. 

5) In the event the ambient noise level (exclusive of the development in 

question) exceeds the applicable standard given above, the applicable 

standard shall be adjusted so as to equal the ambient noise level. The 

ambient noise level shall be expressed in terms of the highest whole 

number sound pressure level in dBA, which is succeeded for more than 

5 minutes per hour. Ambient noise levels shall be measured at the 

exterior of potentially affected existing residences, schools, hospitals, 

churches, and public libraries. Ambient noise level measurement 

techniques shall employ all practical means of reducing the effect of 

wind-generated noise at the microphone. Ambient noise-level 

measurements may be performed when wind velocities at the proposed 

project site are sufficient to allow wind turbine operation, provided that 

the wind velocity does not exceed 30 mph at the ambient noise-level 

measurement location. 

6) Any noise level emanating from WECS falling between two whole 

decibels shall be the higher of the two. 

7) Any noise monitoring or measurements, with need determined by the 

Rockland Town Board, shall be paid for by the applicant or wind 

turbine facility owner. 

8) In the event the noise levels resulting from the WECS exceed the 

criteria listed above, a waiver to said levels may be granted by the Town 

provided that the following has been accomplished: 

• Written consent from the affected property owners has been 

obtained stating that they are aware of the large WECS and noise 

limitations imposed by this ordinance, and that consent is 

granted to allow noise levels to exceed the maximum limits 

allowed; and, 

57 
58 

• A permanent noise impact easement has been recorded in the 

Brown County Register of Deeds that describes the benefited 

and burdened properties and that advises all subsequent owners 

of the burdened property that noise levels in excess of those 

permitted by this ordinance may exist on or at the burdened 

property. 

Shadow Flicker The large WECS owner and/or operator shall make reasonable efforts to 

minimize or mitigate shadow flicker to any occupied building on nonparticipating landowner’s property. 

Link http://www.townofrockland.org/Documents/Large%20Wind%20Energy

%20Facility%20Ordinance.pdf 
Shawano County, Wisconsin 

Zoning Areas 

Where Turbines are 

Allowed 

No zone-specific regulations 

Set Backs 1) Structure setbacks: Four times the total height of the WECS from all 

sensitive receptors and livestock facilities, but in no case less than 1,000 

feet 

2) Property line setbacks: Two times the total height of the WECS from 

all ownership property lines, but in no case less than 500 feet 

3) Public roads and highway setbacks: Four times the total height of the 

WECS from the right-of-way line of any public road or highway, but in 

no case less than 1,000 feet 

4) Railroad setbacks: 1.5 times the total height of the WECS from all 

railroad right-of-ways, but in no case less than 500 feet 

5) Above-ground transmission lines greater than 12 kV setbacks: 1.5 

times the total height of the WECS from the edge of the easement, but 

in no case less than 500 feet 

6) Water bodies setback: Four times the total height of the WECS from 

the ordinary high-water mark of the water body, but in no case less than 

1,000 feet 

7) Wetland setbacks: Four times the total height of the WECS from the 

delineated boundary of the wetland, but in no case less than 1,000 feet 

8) Sensitive environmental areas setbacks: WECS shall be located at a 

minimum of 2 miles from Navarino Wildlife Area or other identified 

sensitive environmental areas. 

9) Historical, cultural and archeological resource setbacks: Four times 

the total height of the WECS from all historical, cultural, and 

archeological resources, but in no case less than 1,000 feet 

10) Scenic setbacks: No WECS shall be located within 1 mile of any 

state, county, village or town park or designated recreation area. 

Spacing and 

Density 

Minimum distance between turbines shall be two times the total height 

of WECS 

Height No height limitations, but WECS greater than 125 feet in height are 

subject to the full extent of the WECS ordinance. 

Clearance The blade tip of WECS shall, at the lowest points, have ground 

clearance of not less than 75 feet. 

Access 1) WECS shall not be climbable up to 15 feet above ground level. 

2) All access doors to WECS and electrical equipment shall be lockable 

and remain locked at all times when operator personnel are not present. 

Electrical Wires 1) All electrical conductors, telecommunications, and fiber optic cables 

associated with the WECS shall be underground. 

2) All underground conductors, including neutral conductors, shall be 

insulated for the applicable voltage and of the same ampacity. 

3) Underground installations, regardless of voltage, must comply with 

all right-of-way requirements and clearances as identified in this 

ordinance. 

59 
4) Rights-of-way width for distances greater than 100 feet of 

underground installation in unpaved areas shall be a minimum of 30 feet 

and a maximum of 50 feet unless otherwise specifically agreed to by the 

property owner. 

5) Rights-of-way width for distances of 100 feet or less of underground 

installation in unpaved areas shall be a minimum of 20 feet unless 

otherwise specifically agreed to by the property owner. 

6) Wherever practical, easements shall be placed immediately adjacent 

to the outside edge of road rights-of-way. 

Lighting Shall be lit to Federal Aviation Administration minimal standards only. 

Where acceptable to the FAA, the Shawano County Planning, 

Development, and Zoning Committee will approve red lights over white 

lights, and steady lights over strobed or intermittent lights. Lighting 

shall be shielded from ground view to FAA maximum standards. Area 

and security lighting shall not exceed 175 watts and 25 feet height and 

shall be shielded from neighboring sensitive receptors. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

1) Wind energy conversion units shall be painted a non-obtrusive color 

(e.g., light environmental color such as white, grey, or beige). 

2) The design of WECS buildings and related structures shall, to the 

extent reasonably possible, use materials; colors, textures, screening, 

and landscaping that will blend the facility into the natural setting and 

the existing environment. 

Signs No advertising sign or logo shall be placed or painted on any WECS. A 

WECS Conditional Use Permit may allow the placement of no more 

than two advertising signs relating to the development of the project 

site, but no sign shall exceed 15 square feet in surface area or 8 feet in 

height. 

Permits Required Conditional Use Permit 

Restoration 

Requirement 

The owner/operator shall remove all equipment associated with the 

WECS and restore the site to its original condition at the end of the 

permit or when any WECS are deemed inoperable or unsafe. The 

restoration shall include removal of all materials above and below 

ground; road repair, if any; and all re-grading and re-vegetation 

necessary to return the subject property to the condition existing prior to 

establishment of WECS. The restoration shall reflect the site-specific 

character including topography, vegetation, drainage, and any unique 

environmental features and shall be completed within 1 year. The 

owner/operator shall incur all costs associated with implementing the 

removal and site restoration plan. 

Signal Interference WECS shall be sited and operated so that they do not interfere with 

television, telephone (including cellular and digital), microwave, 

satellite (dish), navigational, or radio reception to neighboring areas. 

The applicant and/or operator of the facility shall be responsible for the 

full cost of any remediation necessary to provide equivalent alternate 

service or correct any problems, including relocation or removal of the 

60 
facility, caused or exacerbated by the operation of such equipment and 

any and all related transmission lines, transformers, and other 

components related thereto. The owner/operator of the WECS shall 

respond within 5 business days to any request for a communications 

interference investigation by a property owner within the project 

boundary and a 3-mile radius beyond the project boundary. Testing shall 

commence within 10 working days of the request. The owner/operator is 

responsible for mitigating within 10 working days from determination 

of interference cause attributed to the operation of the WECS. 

Noise 1) Noise regulations compliance: WECS shall be considered in violation 

of the CUP unless the applicant demonstrates that the project complies 

with all noise level limits. Noise levels in excess of the limits 

established in this ordinance shall be grounds for the Zoning 

Enforcement Officer or his/her designee to order immediate shut-down 

of all non-compliant WECS. 

2) Post-construction noise and vibration measurements: Within 12 

months of the date when the project is fully operational and within 2 

weeks of the anniversary date of the pre-construction background noise 

measurements, the existing sound and vibration environment 

measurements taken before the project approval shall be repeated. Postconstruction sound level measurements shall be taken with all WECS 

running and with all WECS off. Post-construction measurements shall 

be reported to the Shawano County Planning and Development 

Department (available for public review) using the same format used for 

the pre-construction sound and vibration studies. 

3) Noise setbacks: The Shawano County Planning, Development, and 

Zoning Committee may impose a noise setback that exceeds the other 

setbacks set out in this ordinance if it deems that such greater setbacks 

are necessary to protect the public health, safety, and welfare of the 

community. 

4) Noise standard: The noise due to WECS operations shall not be 

greater than 5 dBA above the established background noise level for 

more than 5 minutes out of any 1-hour time period. 

5) Low-frequency noise or infrasound noise: No low-frequency noise or 

infrasound noise from wind turbine operations shall be created that 

causes the noise level both within the project boundary and a 1-mile 

radius beyond the project boundary to exceed pre-determined limits. 

(See URL listed below for complete description of limits.) 

6) Pure tone penalty: In the event audible noise due to wind turbine 

operations contains a steady pure tone, such as a whine, screech, or 

hum, the standards for audible noise shall be reduced by 5 dB(A). A 

pure tone is defined to exist when: the one-third octave band sound 

pressure level in the band, including the tone, exceeds the arithmetic 

average of the sound pressure levels on the two contiguous one-third 

octave bands by 5 dB(A) for center frequencies of 500 Hz and above, 

and 8 dB(A) for center frequencies between 160 and 400 Hz, and by 15 

61 
62 

dB(A) for center frequencies less than or equal to 125 Hz. 

7) Repetitive, impulsive sound penalty: In the event the audible noise 

due to wind turbine operations contains repetitive, impulsive sounds, the 

standards for audible noise shall be reduced by 5 dB(A). 

8) Pure tone and repetitive, impulsive tone penalty: In the event the 

audible noise due to wind turbine operations contains both a pure tone 

and repetitive impulsive sounds, the standards for audible noise shall be 

reduced by a total of 5 dB(A). 

9) Operations – low-frequency noise: WECS that emit impulsive sound 

below 20 Hz that adversely affects the habitability or use of any existing 

dwelling unit, hospital, school, library, nursing home, or other sensitive 

noise receptor shall be deemed unsafe and must be shut down 

immediately. 

Shadow Flicker The facility shall be designed such that shadow flicker or blade glint 

will not fall on, or in any existing sensitive receptor. Shadow flicker or 

blade glint expected to fall on a roadway or a portion of a residential 

parcel may be acceptable under the following circumstances: 

1) The flicker or glint will not exceed 10 hours per year. 

2) The flicker or glint will fall more than 100 feet from an existing 

residence. 

3) The traffic volumes are fewer than 500 vehicles per day on the 

roadway. 

4) The flicker or glint will not fall on to an intersection. 

5) If shadow flicker or blade glint exceeds any of these conditions, the 

source WECS shall be shut down until the flicker or glint problem is 

remedied. 

Link http://www.co.shawano.wi.us/i_shawano/pu/wind_energy_conversion_s

ystem_ordinance_.doc 
Utah 

Lehi City, Utah 

Zoning Areas 

Where Turbines are 

Allowed 

May only be allowed in a Wind Energy Overlay Zone. 

1) Overlay Zones may be created only in Industrial and Technical 

Manufacturing Zones. 

2) No Wind Overlay Zone may be initially created without specific 

requests for WECS. Requests for a Wind Energy Overlay Zone shall be 

submitted concurrently with an application for Concept Plan for a Wind 

Energy Conversion System. 

3) All other uses listed as permitted or conditional uses in the 

underlying zoning district of the overlay zone may be allowed subject to 

the applicable permitted or conditional use approval processes. 

4) Once a Wind Overlay Zone has been created, new wind energy 

structures or facilities may be allowed in that zone as a Conditional Use. 

Set Backs 1) Residential zone or public use: Each wind turbine shall be set back 

from the nearest residential zoning district (including any zone that 

allows for residential uses) school, church, public park, or public library 

a distance of 1,000 feet. 

2) Property lines: Each wind turbine shall be set back from the nearest 

property line a distance of no less than 1.1 times its total height, unless 

appropriate easements are secured from adjacent property owners or 

other acceptable mitigation is approved by the planning commission. 

3) Public roads: Each wind turbine shall be set back a distance of no less 

than 1.1 times its total height determined at the nearest boundary of the 

underlying right-of-way for such public road. 

4) Communication and electrical lines: Each wind turbine shall be set 

back from the nearest above-ground public electric power line or 

telephone line a distance of no less than 1.1 times its total height, 

determined from the existing power line or telephone line. 

5) Wetlands: Each wind turbine shall be set back 500 feet from any 

wetlands as delineated by the U.S. Army Corp of Engineers. This 

distance may be adjusted to be greater or lesser at the discretion of the 

reviewing body, based on topography, land cover, land uses, and other 

factors that influence the flight patterns of resident birds. 

Spacing and 

Density 

No more than one turbine per acre will be allowed. 

Height The total height for a wind turbine shall not exceed 250 feet. 

Clearance The minimum distance between the ground and any part of the rotor or 

blade system shall be 20 feet. 

Access 1) Wind turbine towers shall not be climbable up to 12 feet above 

ground level. 

2) All access doors to wind turbine towers and electrical equipment 

shall be lockable. 

3) A 6-foot high fence with a locking gate shall be required to enclose 

each tower or group of towers unless otherwise requested by applicant 

and approved by the planning commission as part of the Conditional 

63 
Use Permit. The color and type of fencing for each WECS installation 

shall be determined on the basis of individual applications as safety 

needs dictate. 

Electrical Wires Electrical controls and control wiring and power lines shall be wireless 

or not above ground except where WECS collector wiring is brought 

together for connection to the transmission or distribution network, 

adjacent to that network. 

Lighting WECS shall not be artificially lighted, except to the extent required by 

the Federal Aviation Administration or other applicable authority. 

Equipment No equipment standards 

Appearance, Color, 

and Finish 

1) The design of WECS, including any buildings or related structures, shall 

to the extent reasonably possible use materials, colors, textures, screening, 

and landscaping that will help reduce the visual impact of the WECS. 

2) WECS shall not project above the top of ridgelines. For the purposes 

of this section, ridgelines shall consist of prominent ridgelines that are 

highly visible from any major roadway classified as collector or greater 

in intensity. A ridgeline shall also include the crest of any ridgeline and 

the land located within 100 feet horizontally on either side of the crest. 

3) Individual WECS within a wind overlay zone shall be constructed 

using wind turbines whose appearance, with respect to one another, is 

similar within and throughout the zone to provide reasonable uniformity 

in overall size, geometry, and rotational speeds. 

4) All wind turbines and other structures shall be finished in a single, 

non-reflective matte finished color or camouflage scheme. 

Signs 1) No advertising signs are allowed on any part of the WECS, including 

fencing, support structures, and wind turbines except for reasonable 

identification of the manufacturer or operator of the WECS. No 

lettering, company insignia, advertising, or graphics shall be on any part 

of the tower, hub, or blades. 

2) Appropriate warning signs shall be placed on wind turbine towers, 

electrical equipment, and WECS entrances. Signage shall include 

emergency contact information. 

Permits Required Conditional Use permit 

Restoration 

Requirement 

The manner in which the WECS will be decommissioned and the site 

restored shall include removal of all structures and debris to a depth of 3 

feet, restoration of the soil, and restoration of the vegetation (consistent 

and compatible with surrounding vegetation). 

Signal Interference The applicant shall minimize or mitigate any interference with 

electromagnetic communications, such as radio, telephone, or television 

signals caused by any WECS. 

Noise Audible noise due to WECS operations shall not exceed 55 dBA for any 

period of time measured at the WECS site’s property line. 

Shadow Flicker No shadow flicker standards 

Link http://www.lehi-ut.gov/planning/files/devcode/Ch19WindEnergyFacility.pdf 

Other Minimal parcel size: WECS must be located on a parcel that is at least 

10 acres in size and 1 additional acre per wind turbine. 

64 
65 
F1147-E(10/2008) 

REPORT DOCUMENTATION PAGE Form Approved 

OMB No. 0704-0188

The public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, 

gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this 

collection of information, including suggestions for reducing the burden, to Department of Defense, Executive Services and Communications Directorate (0704-0188). Respondents 

should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a 

currently valid OMB control number. 

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION.

1. REPORT DATE (DD-MM-YYYY)

December 2008 

2. REPORT TYPE

Technical Report 

3. DATES COVERED (From - To)

 

4. TITLE AND SUBTITLE

Overview of Existing Wind Energy Ordinances 

5a. CONTRACT NUMBER

DE-AC36-08-GO28308 

5b. GRANT NUMBER

5c. PROGRAM ELEMENT NUMBER

6. AUTHOR(S)

F. Oteri 

5d. PROJECT NUMBER

NREL/TP-500-44439 

5e. TASK NUMBER

WER9.8503 

5f. WORK UNIT NUMBER

7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES)

National Renewable Energy Laboratory 

1617 Cole Blvd. 

Golden, CO 80401-3393 

8. PERFORMING ORGANIZATION

REPORT NUMBER

NREL/TP-500-44439 

9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR'S ACRONYM(S)

NREL 

11. SPONSORING/MONITORING

AGENCY REPORT NUMBER

12. DISTRIBUTION AVAILABILITY STATEMENT

National Technical Information Service 

U.S. Department of Commerce 

5285 Port Royal Road 

Springfield, VA 22161 

13. SUPPLEMENTARY NOTES

14. ABSTRACT (Maximum 200 Words)

Due to increased energy demand in the United States, rural communities with limited or no experience with wind 

energy now have the opportunity to become involved in this industry. Communities with good wind resources may be 

approached by entities with plans to develop the resource.Although these opportunities can create new revenue in 

the form of construction jobs and land lease payments, they also create a new responsibility on the part of local 

governments to ensure that ordinances will be established to aid the development of safe facilities that will be 

embraced by the community.The purpose of this report is to educate and engage state and local governments, as 

well as policymakers, about existing large wind energy ordinances. These groups will have a collection of examples 

to utilize when they attempt to draft a new large wind energy ordinance in a town or county without existing 

ordinances. 

15. SUBJECT TERMS

wind energy; wind turbines; wind energy ordinances; model ordinances; existing ordinances; wind regulations; wind 

policies; shadow flicker; turbine finish; clearance; noise standards; permits; set backs; signal interference standards; 

zoning; spacing and density 

16. SECURITY CLASSIFICATION OF: 17. LIMITATION 

OF ABSTRACT

UL 

18. NUMBER 

OF PAGES 

19a. NAME OF RESPONSIBLE PERSON 

a. REPORT 

Unclassified 

b. ABSTRACT 

Unclassified

c. THIS PAGE 

Unclassified 19b. TELEPHONE NUMBER (Include area code)

Standard Form 298 (Rev. 8/98) 

Prescribed by ANSI Std. Z39.18