JUDA — As activists against the incoming Sugar River Wind Project form online groups and attend county and local meetings in an effort to push their representatives to hold the wind farm project at bay, officials point to state requirements which may not allow them to halt such developments.
It was evident during the public hearing with members of the Green County Land Use & Zoning Committee, Zoning Administrator Adam Wiegel, Corporation Counsel Brian Bucholtz and nearly 50 members of the public at the county courthouse Dec. 10. On the public side, residents pushed for a halt on any type of wind development because of concerns over health and safety and property values; on the other, elected officials discussed what limited options they had in drafting a wind siting ordinance for the county.
The ordinance draft was ultimately tabled for the next committee meeting in January rather than being recommended for consideration by the full board of supervisors. Wiegel said he is unsure whether it will be discussed in the next meeting. It is currently not planned for the January agenda.
Headbutting over limitations stems from state law, Wisconsin Administrative Code PSC 128. Members of the state Public Service Commission were directed, via Wisconsin Act 40 in 2009, to promote rules which specify the restrictions “a political subdivision may impose on the installation or use of a wind energy system,” according to the PSC of Wisconsin website. Regulations are not a statewide siting code, but outline how restrictive a local entity can be in establishing its own ordinance. The aim of the rules, according to the PSC website, is to make siting laws more consistent throughout the state. A political subdivision is defined as a city, village, town or county.
EDF Renewables, a wind energy company headquartered in France with regional locations throughout the United States, submitted a pre-application for the intended development on Oct. 3. Wiegel said as of Jan. 3 the company had not submitted a formal application as outlined in PSC 128 rules, but could do so any time after 90 days had passed from the date of the pre-application submission.
According to a timeline outlined by the state, any political subdivision has until the first day of the fourth month following receipt of the application to pass an ordinance which adheres to the PSC 128 rules. Green County has not yet passed such an ordinance. If one is not passed by that time, the applicant has to be notified that none will be enacted, per state statute 66.0401(4)(a)2. And if plans for the wind farm do not include the use of land meant for residential or commercial development, the project is automatically approved per PSC 128 rules and the state statute.
The state Department of Health Services produced materials refuting that wind turbines have substantial negative effects on people. With information provided through a variety of global and national studies spanning from 1998 to 2014, it was specified that things like shadow flicker and infrasound will not cause seizure-related or hearing-based health issues. Information did include a caveat; that additional studies may be needed to address the setbacks of area-specific projects.
Despite this, in October, the World Health Organization released updated Environmental Noise Guidelines which include the noise of wind turbines. WHO sees noise as an important health issue, with negative impacts on human well-being and marks it as “a growing concern.”
Those against development of 24 wind turbines standing 500 feet in farmland throughout Jefferson Township have referenced concerns over the noise pollution. Some have called for the county to challenge state rules by citing health concerns in a legal battle.
While the county handles applications, the township has to weigh the issue as well. Residents have been attending Jefferson Town Board of Supervisors meetings to express their concerns as well.
Town Board Chair Harvey Mandel could not be reached for comment. Lyle Samson, 1st supervisor on the board, has declined to become involved in discussions because he said he has a contract with EDF to lease his land for the use of wind turbines. Samson said while he does not plan to vote on the wind farm development, he does not think wind energy poses a significant health risk to the public. He added that he is “just staying out of it.”
Wiegel said that throughout the state some townships have more strict ordinances regarding the siting of wind farms than at the county level. The ordinance Green County has been considering is modeled after one passed by Iowa County and “sticks to ordinances that stick to PSC 128,” Wiegel said.
According to an FAQ published by the PSC, a political subdivision can also be challenged via an appeal to the commission if it deems an application for a wind energy system as incomplete or looks to impose a restriction upon it. Per the state statute, it must be filed no later than 30 days after the decision.