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There are a number of legal and safety issues to consider when installing a wind turbine or generator on your property. Before you install a wind turbine, your local zoning board must grant permission. The zoning board may apply special restrictions that might affect the siting and performance of a wind turbine. Some communities support wind energy use, while others restrict or discourage it. The following is a discussion of the major legal and safety issues related to the installation and operation of wind turbines. The focus is on small systems (less 50 kilowatts in generation capacity) though the information generally applies to any size turbine or wind power project. Below you'll find excerpts from a local ordinance in New Jersey that contains requirements for wind turbine siting and installation. They are used as examples; your own local ordinances may be different.
The American Wind Energy Association (AWEA) is a useful source of information on wind turbine installations. The AWEA develops standards for wind systems, normally for system design and safety features, and also gives basic guidance (see contact info below).
Private Property Deed Restrictions and Insurance
Do a title search on your property deeds to determine whether arrangements by current or former owners limit wind turbine installation on your property. You also must have adequate liability insurance for a wind turbine. Your current property hazard insurance policy may or may not cover a wind turbine.
Construction Standards
Strict compliance with construction standards helps ensure that the unit will not collapse due to improper installation. You may need an engineer to certify that the wind system is stable, especially when the machine could fall onto adjacent property if it collapses.
Noise
A wind turbine may produce unacceptable noise levels for some people. The New Jersey local ordinance states: The maximum level of noise permitted to be generated by a wind energy conversion system (WECS) shall be 50 decibels as measured on the dBA scale, measured at the property line.
Electromagnetic Interference
A wind turbine could produce electromagnetic interference, affecting nearby television or radio signals. The most likely causes of this interference are the machine's generator, alternator, or the blades. Metal blades sometimes cause interference, but wood and fiberglass blades usually do not. Modern wind turbines do not use metal blades. The New Jersey ordinance states: WECS generators and alternators shall be filtered, shielded, or both so as to prevent the emission of radio and television signals, and shall comply with the provisions of Section 47 of the Code of Federal Regulations (CFR), Part 15 and subsequent revisions governing said emissions.
The CFR requires the operator of a system that is interfering with television or radio receptions eliminate the interference promptly.
Blade and Tower Height
You must consider the blade length and tower height before installing a wind turbine. According to AWEA, the hub—or center—of the blade should be as far above the ground as possible in order to prevent accidental injury to passersby. Their recommended hub height is at least 90 feet (30 meters) above the ground. Also, a general rule of thumb for proper and efficient operation of a wind turbine is that the bottom of the turbine's blades should be at least 10 feet (3 meters) above the top of anything within 300 feet (about 100 meters). Local regulations, however, may not allow towers to be this high. The New Jersey ordinance requires the following:
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The maximum height permitted (without a variance from the provisions of this Ordinance) shall be 75 feet (22.3 meters) unless otherwise prohibited by any State or Federal statutes or regulations.
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The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet (4.6 meters), as measured at the lowest point of the arc of the blades. The supporting tower shall also be enclosed with a 6 foot (1.8 meter) fence unless the base of the tower is not climbable for a distance of 12 feet 3.7 (meters).
Aversion to towers by local planning or zoning boards is common. Some counties consider towers a "special use," and require a time consuming and expensive permitting process. Local regulations may also limit tower height and location for aesthetic reasons. This may include blocking or changing a historic landscape, or blocking a neighbor's view.
The Federal Aviation Administration (FAA) also has regulations concerning tower height. According to the FAA advisory circular 70/7460-2I, objects that are higher than 200 feet (61 meters) above ground level must be reported. If you are within 10,000 feet (3050 meters) of an airport, no matter how tall your tower will be, you should contact your local FAA office to determine if you need to file for permission to erect a tower.
Labeling
The New Jersey ordinance requires labels on certain WECS components so that service personnel and future system owners will have necessary safety information readily available. The New Jersey ordinance requires that the following labeling procedure be followed: A minimum of one sign shall be posted near ground level on the tower structure warning of high voltage. In addition, the following information shall be posted on a label or labels on the generator or alternator of the WECS:
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The maximum power output of the system and the wind speed at which it is achieved
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Nominal voltage and maximum current
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Manufacturer's name and address, serial number, and model number
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Maximum survival wind speed and the emergency and normal shut down procedures.
Utility Interconnection
Most people will want backup power for their SWECS system. Many people use their local utility as their backup, since battery storage systems are expensive. Wind system owners must notify the utility for proper connection to the utility's power system. Serious accidents can result from unsafe or unsuitable connections.
Summary
You can install a well-planned wind turbine safely, and operate it with minimal problems. Prior to installation, make sure that the wind system meets the aforementioned requirements, even if the local community does not have a wind systems ordinance. If these requirements are followed, accidents will be less likely to happen.
References
"The Hard Part About Wind Turbines," D. Stockman, Home Power, (No. 86) pp. 22-25, Dec '01/Jan '02.
Landowner's Guide to Wind Energy in the Upper Midwest, N. Lange and W. Grant, Izaak Walton League of America, 1995. Available from Izaak Walton League.
Small Wind Systems Zoning Issues and Approaches, D. Dodge, C. Lawless-Butterfield, Rocky Flats Wind Energy Research Center, 1982. 60 pp. Available from National Technical Information Service (NTIS). NTIS Order No. DE83007195.
Permitting of Wind Energy Facilities: A Handbook (PDF 1.93 MB) Download Acrobat Reader, National Wind Coordinating Committee (NWCC), 2002. 58 pp. This publication is oriented towards the siting of large turbines.
Siting Handbook for Small Wind Energy Conversion Systems, H. Wegley et al., WindBooks, 1989. 100 pp. Out of print, check with your local library for availability.
"Small Wind Market Growing", J. Clendenin, Solar Today, (16:2), pp. 20-21, March/April 2002.
"Turbulence: Wind Power, Zoning, and the 90's," S. Otto, Home Power, (No. 47) pp. 6-12, June/July 1995.
"Wind Generator Ups and Downs," Home Power, B. Johnson, (No. 94), pp. 88-90, April/May 2003.
Wind Power for Home and Business, P. Gipe, Chelsea Green Publishing Company, 1993. 413 pp. ISBN No. 0-930031-64-4.
For more information, you may also contact the:
American Wind Energy Association (AWEA)
Email: windmail@awea.org
This fact sheet was reviewed for accuracy in June 2003.
NOTICE
This report was prepared as an account of work sponsored by an agency of the United States government. Neither the United States government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, 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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