California Wind Access Law

Summary

AB 1207 was approved by the Governor of California on October 5, 2001 and is in effect until July 1, 2005. This law ensures that any ordinances regulating small wind energy systems adopted by local agencies do not unreasonably restrict the ability of homeowners, farms, and small businesses to install small wind energy systems outside of urbanized areas. A small wind energy system is defined as a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which (1) has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and (2) will be used primarily to reduce onsite consumption of utility power. While local jurisdictions may make certain limitations to small wind energy systems, the law ensures that local ordinances do not restrict turbine owners from installing towers of up to 65 feet high on parcels between one and five acres in size, outside of urbanized areas. The law sets other limits to local restrictions on turbine setback, neighbor notification, turbine certification, and noise.