Linn County supervisors advance changes to utility-scale wind regulations

CEDAR RAPIDS — The three-member Linn County Board of Supervisors on Monday unanimously advanced on first consideration an ordinance adding tighter regulations to utility-scale wind solar projects.

There are not currently any large-scale wind energy projects on the horizon in Linn County, Planning and Development Director Charlie Nichols told the supervisors Monday. But as the supervisors did last summer with amending the county’s utility-scale solar ordinance, the board is looking to update county policies governing large-scale wind energy projects before potential projects arise.

Ordinance changes take three votes to be considered final, so the supervisors will deliberate the amended policy at future meetings this summer. So far, the supervisors said they want to explore changes to the proposed language on noise levels, setback requirements and debris cleanup.

Nichols said county staff have been researching wind code for about two years, roughly the same time as the review of solar code. The solar policy changes were more time sensitive because of ongoing solar projects in Palo and Coggon.

The potential wind code changes would “strengthen and add greater specificity in our ordinance in the event that we get a project in the future,” Nichols said.

The typical life cycle of a wind project spans 20-30 years, Nichols said. There are no existing operational utility-scale wind projects in Linn County. There are some stand-alone wind turbines like the one at Kirkwood Community College, Nichols said, but nothing beyond that.

Ordinance’s sound limit may get a second look

Currently, proposed ordinance language would require that wind projects not exceed 45 decibels from a property line.

John Zakrasek, of Cedar Rapids, said the ordinance “looks pretty comprehensive and attempts to balance things off pretty well.” From reviewing other counties’ ordinances, he said noise levels are usually 55 decibels instead of 45 decibels. There also was some debate over whether to allow the noise measurement to be taken from a dwelling or from a property line.

For comparison, Nichols said 55 decibels would fall between moderate rainfall and a normal conversation. Staff recommended the property line because properties can be large in a rural area and the noise could become a nuisance to future development on that site.

“I want Linn County to remain on the path of being a champion for renewable energy,” Supervisor Chair Kirsten Running-Marquardt said. “Wind is a big part of that.”

She felt allowing noise levels from the property line at 55 decibels was a good compromise and “allows for wind to move forward.”

The county Planning and Zoning Commission recommended approving zoning changes in a 4-1 vote last month. The one vote in opposition to the changes was from a commission member who felt the proposed noise requirements were too restrictive, Nichols said.

Les Beck, former Linn County planning and development director and now an Iowa Policy analyst for the Center for Infrastructure and Economic Development, spoke favorably of provisions pertaining to a visual impact analysis, battery energy storage systems and repowering — essentially decommissioning or refurbishing the wind project.

“It has a number of forward-thinking provisions in it,” Beck said of the proposed ordinance. “It addresses a number of both cultural and environmental impacts through the application process.”

But Beck echoed other speakers’ concerns about noise levels and setback requirements. He said the industry standard for wind ordinances across Iowa was 50-55 decibels, measured from the outside wall of a structure instead of from a property line.

Requirements for setbacks, lighting, cleanup included

For setbacks, staff are proposing turbines on participating parcels — those getting energy from the project — shall be at least two times the total turbine height or 1,000 feet — whichever is greater — from the exterior edge of the tower base to an occupied structure.

Participating landowners may waive a setback in writing with Board of Supervisors approval. The turbine cannot be placed closer than 1.1 times the total turbine height to any occupied structure.

Requirements are similar for non-participating property owners — those not enrolled in the project — except setbacks must be measured from the property line, not the dwelling.

Under the proposed language, the county would not allow a waiver of wind project setback requirements from public roads or railroad rights of way, riparian corridors and wetlands, occupied community buildings and public parks. Staff recommended no waiver to the requirements because staff determined this was a minimum needed for safety from these public facilities.

If a project has lighting, it has to be permitted by the Federal Communications Commission or Federal Aviation Administration. Wind farms typically use red blinking lights to avoid any confusion or damage from aircraft.

Unlike the solar ordinance, staff are not proposing a score card for wind projects because that was intended to “balance agricultural production and solar energy.” Agricultural impact and mitigation requirements are pared back from the language in the solar ordinance because people can farm around wind turbines.

Supervisor Louie Zumbach, a Coggon farmer, said he favored wind energy to solar because it removes less agricultural land.

Nichols said staff felt debris cleanup language was necessary. Some supervisors and staff looked at a lightning-damaged turbine on a Mechanicsville farmer’s property. Options Nichols mentioned could be higher insurance requirements or requiring a cleanup bond to offer additional protections in case of a disaster.

To develop proposed policy changes, Linn County Planning & Development staff used lessons learned from the Renewable Energy Review Committee’s input on code changes governing utility-scale solar projects, as well as an analysis of current wind ordinance best practices.

Residents may view a draft of the proposed ordinance amendments on the Linn County website at linncountyiowa.gov.

Supervisors must approve ordinance two more times

Supervisors will give second and third consideration to the ordinance at future meetings. Second consideration is slated for July 1.

“As we drill down, it’ll be more important to have these conversations” about measuring noise levels and other regulations, Supervisor Ben Rogers said.

Seth Gorman, of Cedar Rapids, a member of Ironworkers Local 89, said he felt “increasing the decibel level to 55 to mirror the existing solar ordinance … would match the industry standard.” He said construction on wind projects brings well-paying jobs that would benefit the county.

“We are at such a unique crossroads with Linn County,” Gorman said. “ … We have a chance to diversify our energy production.”

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