Hyde County - Wind Energy Facility Ordinance

Summary

Hyde County, located in eastern North Carolina, adopted a wind ordinance in 2008 to regulate the use of wind energy facilities throughout the county, including waters within the boundaries of Hyde County. The ordinance is substantially similar to the model wind ordinance drafted by the North Carolina Wind Working Group, and establishes parameters for the permitting process, minimum setbacks, noise and shadow flicker, installation and design, and decommissioning of retired systems.

For the purposes of this ordinance, wind energy facilities are classified as "small" if they consist of a single wind turbine with a rated generating capacity of 20 kilowatts (kW) or less, "medium" if one or more wind energy facilities have a total rated capacity of more than 20 kW but not greater than 100 kW, "large" if they have a total rated capacity of more than 100 kW.

Permitting Process: All new wind energy facilities, or expansions of existing facilities must receive a permit from the County Manager prior to construction. A permit application must include a narrative describing the facility; approximate generating capacity; the proposed number and height of all wind turbines to be built; location of the proposed site; a detailed site plan; certification of compliance with local, state and federal regulations; an environmental assessment for large wind facilities; decommissioning plans; financial assurance that the owner can pay for decommissioning; and documentation of an agreement between the system owner and adjacent landowners.

Setbacks: The setback is calculated by multiplying the required setback number by the wind turbine height and measured from the center of the wind turbine base to the property line, building or road. Setbacks are generally determined by the following table:

Setbacks may be waived under certain conditions when all affected parties agree to different terms.

Noise and Shadow Flicker: Noise and shadow flicker issues for small and medium wind energy facilities are addressed by setbacks, or will be addressed by existing noise ordinances. Audible sound from a large or utility scale wind energy facility should not exceed fifty-five dBA, as measured at any occupied building of a non-participating landowner. Shadow flicker at any occupied building on an adjacent property caused by a large or utility scale wind energy facility located within 2,500 ft of the building shall not exceed thirty hours per year. These restrictions may be waived under certain conditions.

Installation and Design: The installation of wind energy facilities must conform to all applicable industrial standards, including those of the American National Standards Institute, and shall conform to floodplain and wind zone requirements. Towers and rotor blades must be of a non-obtrusive color such as white, off-white or gray. Wind energy facilities must also remain free from advertising, including flags, streamers and other decorative items, as well as artificial lighting, except that which is required by the Federal Aviation Administration (FAA). Any on-site transmission or power lines must, to the extent possible, be placed underground.

Fees: Permit applications are subject to a non-refundable fee to be established periodically by resolution of the Board of Commissioners.