SOLAR TODAY - May 2009

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Zoning for Small Wind Turbines:
When the Turbine Quits
By MICK SAGRILLO

Mick Sagrillo, a small-wind consultant, owns Sagrillo Power & Light and is wind energy specialist for Focus on Energy, Wisconsin’s renewable energy program. Research for this article was funded in part through Wisconsin’s Focus on Energy Program. Contact him at msagrillo@ wizunwired.net.

This series of columns has been exploring considerations that should be included in a zoning ordinance for small wind turbines. In this edition, we’ll address the owner’s responsibility to keep the turbine operating, and the municipality’s recourse if that doesn’t happen. Unlike solar photovoltaic (PV) or water-heating systems, wind is a dynamic technology — it is not static, but moves. And unlike PV or solar water, wind turbines are far less forgiving in regard to the attention they require. It’s not obvious that a non-functional solar system is in a state of disrepair. High atop a tower and spinning whenever the wind blows, it’s hard to hide a non-operating wind turbine. Wind turbines are not easy to get to, as they are usually mounted on towers that range from 80 to 120 feet ( 27 to 40 yards), sometimes higher. Murphy’s Law dictates that things will go wrong at the least opportune time. In the case of a wind turbine, this will inevitably happen when neither you nor anyone else wants to climb the tower. A crisp January day, for example, when it is - 30˚F with a blustery wind. The prudent owner makes sure that the turbine is in prime operating condition

MICK SAGRILLO

before the icy jaws of winter snap shut. This entails a service call in the fall, with a thorough inspection and routine maintenance, plus any required repairs. If time allows, it would also be a good idea to duplicate these efforts in the spring, after the winter winds have abated but before the brutal summer thunderstorm season begins.

If, for some reason, the wind turbine becomes non-functional between maintenance visits, the owner should attend to the repair as soon as the weather allows and parts can be purchased. Unfortunately, sometimes the owner procrastinates. It takes determination to climb 120 feet up a tower to find out what’s wrong, followed by climbing down to gather tools and

Without regular maintenance, wind turbines can become
parts, and climbing up again,
neighborhood eyesores.
hauling tools and parts.

48 May 2009 SOLAR TODAY solartoday.org

Worse yet, the owner simply loses interest in the system. If this happens, the wind turbine will eventually develop leprosy. It will lose bits and pieces over time as entropy and rust set in. At this point, the system becomes a neighborhood eyesore and a potential hazard. Neighbors should not have to look at a derelict wind turbine.

Most zoning ordinances have language dealing with nuisances or junk lying around. In this case, the zoning administration can initiate measures identified in the ordinance that address the removal of nuisance structures.

It’s hard to hide a
non-operating wind turbine.
Fix it or take it down.

However, I’d suggest that language be specifically added to a permitted use ordinance or conditional use permit for small wind turbines. A simple stipulation that any inoperative wind system must be repaired in a reasonable amount of time, weather permitting, should suffice — with a specific time frame. A reasonable window is 12 months. Any system inoperable beyond that time should be deemed inoperable and be slated for decommissioning. Notice of such action should be sent to the owner, with a 30-day response period to inform the zoning administrator what the owner decides to do with the system — repair it or take it down. Once this decision is conveyed to the zoning authority, anywhere from three to six months should be allowed to carry out the repairs or de-installation.

Most zoning ordinances have language to initiate cleanup of nuisances should the owner fail to comply. The zoning authority has the right to have the derelict equipment removed with the full cost for decommissioning borne by the owner. This is usually accompanied by language that the owner will be billed for such services, or a lien might be placed on the property.

It is important to make sure that the wind turbine is removed from the tower. The turbine is the part of the system that will deteriorate over time. The tower, on the other hand, is capable of standing for decades. If the owner has an alternate use for the tower, this request should be considered by the zoning authority.