Zoning Exception Favors Wind Turbine Installation |  |
The developer of a small, rural wind energy project recently sought help from Snyder & Snyder after being issued a stop work order from a local town building inspector. The order halted construction of a single, 80-foot-tall wind turbine and directed the developer to apply for various local approvals, including a site plan, a special permit, and a building permit. This development was troubling, since some local politicians and community activists were opposed to the wind turbine. In the context of a land use proceeding, their opposition could translate into long delays, runaway costs, and an uncertain zoning outcome.
To avoid an uncomfortable descent into regulatory uncertainty, we needed to knock out the stop work order. With this end in mind, we carefully analyzed the town building and zoning code. We concluded there was no legal basis for the stop work order since the wind turbine was not by definition a building under the local statutes ( it did not have a roof!) and was thus not subject to regulation under the local building and zoning code. Ultimately this argument prevailed.
The town backed down and the wind turbine was permitted to go into operation without going through zoning. The lesson here is that before a wind energy or other renewable energy project is casually subjected to the rigors of local zoning, a careful review of the local land use statutes should be undertaken, as there may be exemptions or technicalities that can reduce or eliminate zoning requirements and thus accelerate the construction timetable.
Tags: wind energy, zoning