Siting Jurisdiction and Permitting Guidelines

Jurisdiction over siting energy facilities varies from state to state.

In some states, siting authority rests with a local branch of government. In these cases, county commissions, planning and zoning boards, or other local government departments are responsible for conditioning and approving wind farms, and other energy facilities. Other states retain primary siting authority at the state level.

Where states maintain jurisdiction over siting and permitting wind facilities, a variety of agencies may be responsible. Connecticut, Massachusetts and Oregon have siting boards or councils that are authorized by state legislation. In Kansas, Montana and Wisconsin state-level agencies have developed voluntary guidelines for wind siting, or model language for local authorities to use. Minnesota's wind permitting process is outlined in statute and is implemented by the state Environmental Quality Board.

Other state regulatory agencies often are involved in permitting processes. For example, when wildlife or other environmental issues arise, a state environmental protection agency may become involved; while issues of transport, construction and site decommissioning may involve state departments of transportation or economic development.

In addition to state and local authority, the federal government sometimes has jurisdiction over siting and permitting of wind facilities. Federal agencies exercise their authority when projects are sited on or may affect federal lands or when federally regulated natural resources or endangered species may be affected. In addition, Federal Aviation Administration (FAA) lighting and safety regulations apply to utility-scale wind energy sites whose towers are 200 feet or more in height.

Advanced Development Services, Inc. will help you get prepared and address all wind siting and permitting guidelines, such as: 

I. Planning, zoning, and land use questions and ordinancies.

II.Habitat protection requirements: applicable authorities to consult with agencies charged with implementing the Endangered Species Act.

III. Non-wildlife environmental issues; visual, noise, safety, and construction-related effects.

 IV. Post-construction monitoring to ensure that no threatened or endangered species, nor their habitats, are affected by development of wind energy.

V. Federal Level governing siting: U.S. Fish and Wildlife Service (FWS) Guidelines to Avoid and Minimize Wildlife Impacts from Wind Turbines; as well as U.S. Bureau of Land Management (BLM) and U.S. Forest Service rights-of-way on lands.

VI. The Federal Aviation Administration requirements on hazards to air navigation and concern for structures exceeding 199 feet.