Minutes 1-3-07 - Pierce County Home Page

1. Any public road right-of-way, unless written permission is granted by the governmental
entity with jurisdiction over the road;
2. Any overhead utility lines, unless written permission is granted by the affected utility; and
3. All property lines, unless written permission is granted from the affected land owner or
neighbor.
Each Wind Energy System shall be setback from the nearest residence and places of public assembly, a
distance of no less than two (2) times its total height unless written permission has been obtained from
the owner of such structure.
Model Ordinances
Setbacks; A wind tower for a small wind system shall be set back a distance equal to its total height
from:
a. Any public road right-of-way, unless written permission is granted by the governmental
entity with jurisdiction over the road;
b. Any overhead utility lines, unless written permission is granted by the f=governmental
entity with jurisdiction over the road;
c. All property lines, unless written permission is granted from the affected land owner or
neighbor.
The increased setback standard of 1.1 times the total tower height and 2 times the height to a residence
or places of public assembly provides a buffer and safety factor against tower failure, ice buildup,
generator noise, etc. Comments from Focus on Energy said that there is no evidence for the increased
setbacks based on public health and safety and that the burden of proof is on the municipality to show
that the added setbacks are needed and not on the applicant to disprove. The Town of River Falls
responded by saying that the ordinance is insufficient as it does not require base design or the likelihood
of a tower to pivot as it tips over. The county ordinance is arbitrary in adding 50’ regardless of the
tower height. They feel the 1.1 factor allows reduced setbacks for shorter towers and the 1.1 factor was
taken from the model ordinance of large wind energy systems. A second issue of concern is tower
access. The proposed Town ordinance requires that an 8 ft high nonclimbable security fence be erected
around the tower base if the tower is on climbable lattice construction. A fence is required only if the
tower is climbable. The model ordinance did not include this. Focus on Energy understands the concern
but does not think there is any evidence to justify that requirement. The Town of River Falls wants to
provide consistency with their regular communication tower ordinance. The third issue of contention
was regarding structural design and installation of a tower under supervision of a WI licensed engineer.
Focus on Energy stated that such structures have been engineered by the staff of the manufacturers of
the tower and wind turbine and such businesses must satisfy the safety requirements of their own
insurance company. The Town of River Falls agrees to striking WI. from licensed engineer for design
but would require a WI licensed engineer for installation. Staff found inconsistencies within the Town