Counties Should Consider Adopting Wind Ordinances Before Significant Restrictions Take Effect

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Counties that have not done so should consider adopting wind energy system ordinances before Dec. 31, 2010, when restrictions on wind ordinance regulations will take effect pursuant to Assembly Bill No. 45 (“AB 45”) . [To see the codified sections of AB 45, click here.] AB 45 encourages counties to adopt ordinances that provides for the installation of small wind energy systems and declare s it to be the policy of the state to promote and encourage the use of distributed renewable energy systems and to limit obstacles to their permitting and use, including minimization of permitting costs. (See Govt. Code § 65897.) AB 45 also establishes timelines under which counties may review applications for small wind systems and limited fees charged by counties to review applications to those reasonably incurred. (Govt. Code §§ 65895(b)(2), 65920, 66014 and 66016.)

This bill has allowed counties to exercise great flexibility in crafting regulations for small wind energy systems in keeping with state policy goals and objectives, but this broad latitude will come to an end on December 31, 2010. After that, counties will be far more limited in the conditions and restrictions they may impose on these projects relating to notice, tower height, setback, noise level, visual effects, turbine approval, tower drawings, engineering analyses, and line drawings. (Govt. Code § 65896.) Ordinances in effect before January 1, 2011 will be grandfathered in and will not need to comply with Govt. Code §65896. In light of these changes which will take effect in 9 months, counties that intend to adopt such ordinances but have not yet done so should consider whether to make this effort a priority for completion in 2010.

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