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State Permitting Issues for Wind Developments

State Permitting Issues for Wind Developments. Southeast and Mid-Atlantic Regional Wind Summit 19 September 2005 Jennifer A. DeCesaro Energy Policy Specialist National Conference of State Legislatures. Goals of the Presentation. To outline the necessary steps for building a wind plant.

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State Permitting Issues for Wind Developments

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  1. State Permitting Issues for Wind Developments Southeast and Mid-Atlantic Regional Wind Summit 19 September 2005 Jennifer A. DeCesaro Energy Policy Specialist National Conference of State Legislatures

  2. Goals of the Presentation • To outline the necessary steps for building a wind plant. • To look in detail at the permitting process at the federal, state and local levels. • To identify general rules applicable to most states in the construction of wind plants.

  3. Outline • Siting and Permitting a Wind Facility • Local Requirements • State Requirements • Federal Requirements • A Brief Look at State Processes • General Permitting Components • State Case Studies • Minnesota • Oregon • South Dakota

  4. The Bottom Line • There is usually a diverse group of stakeholders • The permitting of a wind facility may fall under more than one jurisdiction • While there are general guidelines, each state has its own permitting requirements • Know where you are and who you need to deal with

  5. Stakeholders • Developers • Landowners • Utilities • The Public • Local, State and Federal Agencies

  6. Seven Steps for Building a Wind Plant • Planning • Permitting • Financing • Securing power purchase & transmission agreements • Construction • Operation • Decommissioning

  7. Planning • Identify Locations Based On: • Transmission Lines • Wind Resource • Political Environment • Wholesale Market Conditions & Rules

  8. Permitting – Local • Local Planning Commission • Zoning Board • City Council • County Board of Supervisors

  9. Permitting – State • Natural Resource & Environmental Protection Agencies • Historic Preservation Office • Industrial Development & Regulation Agencies • Public Utility Commission • Siting Board

  10. Permitting – Federal • Federal Aviation Administration • US Fish & Wildlife Service • Bureau of Land Management Programmatic EIS • Other Federal Land Management Agencies

  11. A Brief Look at State Processes • Typical Steps Required in Permitting Process • Notice of Intent or Preapplication • Official Filing • Application Deemed Complete • Hearings held by Siting Authority • Issuance of Draft and Final Orders

  12. Permitting Considerations Checklist of Things to Consider • Land Use • Noise • Birds and Bats • Visual Resources • Soil Erosion & Water Quality • Public Health & Safety • Cultural Resources • Solid & Haz Wastes • Air Quality

  13. State Case Studies – Minnesota State Summary: Total MW = 615 Planned MW = 222.45 Wind Energy Potential (MW) = 75,000 Rank in U.S. = 9th Source: American Wind Energy Association, 2005.

  14. State Case Studies – Minnesota • Minn. Stat. Ann. §§116c.691 – 697 • Wind Specific Permitting Requirements • Site permit required for facilities larger than 5MW • Final decision must be made within 180 days after acceptance of complete application • Included procedures for environmental review and public notification • Allows state to place conditions on turbine design and site layout

  15. State Case Studies – Oregon State Summary: Total MW = 263 Planned MW = 75 Wind Energy Potential (MW) = 4,870 Rank in U.S. = 23rd Source: American Wind Energy Association, 2005.

  16. State Case Studies – Oregon • Or. Rev. Stat. Ann. §469.310 - 360 • Wind facility with capacity of less than 35MW may obtain a site certificate • Copies of NOI and application sent out for comment within specified deadlines • State Energy Department notifies the applicant when application complete • Energy Facility Siting Council evaluates each application

  17. State Case Studies – South Dakota State Summary: Total MW = 44.48 Planned MW = 50 Wind Energy Potential (MW) = 117,200 Rank in U.S. = 4th Source: American Wind Energy Association, 2005.

  18. State Case Studies – South Dakota S.D. Codified Laws §49-41B-1 Legislative FindingsFacility may not be constructed or operated without a permit • S.D. Codified Laws §49-41B-25 • Decision on application must be made within 6 months • To be approved, project must meet all requirements of the chapter • Notice of decision must be given to applicant within 10 days of the decision

  19. Things to Remember • Number of stakeholders to consider • Permitting may fall under a number of jurisdictions – local, state and/or federal – be aware of them all • There are general rules to follow, but every state has their own way of doing things • Thorough planning will help an applicant have a smoother permitting experience

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