Category Archives: Property Rights

Madison County Wind Ordinance

The Madison County Board of Supervisors in Iowa approved a new county wind ordinance on December 22, 2020. Specifics of the ordinance are provided below. The full ordinance can be downloaded from the document links on this page. 

Noise

  • Noise shall not exceed 40 dBA Lmax (fast) as the desired maximal (day or night) noise limit to protect from adverse effects of audible (closer-originating) noise.
  • Noise shall not exceed 60 dBC Lmax (fast) as the desired maximal (day or night) noise limit to protect from adverse effects of infrasound, low-frequency noise (ILFN) that contributes to sleep disturbance, among other effects and can travel much farther than audible sound. Wind turbine noise, at any time of the day or night, cannot exceed the above specified limits at any point along a non-participating Property Line (not the nearest residence) to be in compliance. Both limit regulations are essential to more fully protect exposed residents.

Shadow Flicker

  • A report prepared by a qualified third-party using the most current modeling software available establishing that no Occupied Residence will experience more than thirty (30) hours per year, or more than thirty (30) minutes per day, of Shadow Flicker at the nearest external wall based on a “real world” or “adjusted case” assessment modeling. The report must show the locations and estimated amount of shadow flicker to be experienced at all Occupied Residences as a result of the individual Turbines in the Project.
  • No amount of Shadow Flicker may fall on or in a Non-Participating Landowner’s property. Shadow Flicker received on a Non-Participating Landowner’s Property requires that the offending turbine(s) be installed with the Optional Shadow Flicker System resulting in Zero Shadow Flicker on a Non-Participating Landowner’s Property. The Optional Shadow Flicker System will stop the C-WECS blades rotating during times when shadow flicker crosses a Non-Participating Landowner’s property.

Height and Number Limitations

  • The Total Height of any C-WEC, IWT, Turbine in Madison County shall not exceed 500 feet.
  • No Project shall have more than 51 total Turbines. Projects shall not be split in order to avoid this restriction.
  • At no time shall the total number of permitted and installed C-WECS in Madison County exceed 51 turbines.

Generating Capacity Limits

  • A limit of 2.3 MW of generating capacity per unit, C-WECS, IWT.

Setback Distances

  • Adjacent Property Lines:

– 1.5 mile from a Non-Participating Landowner’s Property Line.
– ​2100 feet from a Participating Landowner’s Property Line.

  • Occupied Residence 

– 1.5 mile from a Non-Participating Landowner’s Property Line.
– 2100 feet from a Participating Landowner’s Occupied Residence Property Line.

  • Occupied, Non-residential Building: 1.25 mile from Property Line.
  • Confinement Feeding Operation Building: 1500 feet from property line
  • Public Road Right-of-Way: 0.5 miles from nearest edge
  • Open Ditch: 1500 feet from nearest edge
  • Public Conservation Areas, sites on the National Historical Registry, Covered Bridges: 1.5 miles from Property Line.
  • Private-Owned Documented Conservation Areas: 1.5 miles from Property Line.
  • Cemetery: 1 mile from Property Line
  • City Limits: 1.5 miles from the Corporate Limits
20-12-30_passed_12-22-2020_madison_county_wind_ordinance_title_v_chapter_54_sec._50_thumb
20 12 30 Passed 12 22 2020 Madison County Wind Ordinance Title V Chapter 54 Sec Download file (262 KB) _50

Source: https://cap.gmdsolutions.co…

Originally posted on Wind Action December 22, 2020

Public Meeting~ Renewable energy Policies~ Township of West LincoLN

Enercon industrial wind turbine under construction for Niagara Wind project located in part in West Lincoln Township, Ontario

NOTICE OF PUBLIC MEETING FOR PLANNING MATTERS
Get involved with your input. The Township of West Lincoln Planning/Building/Environmental Committee will hold a Public Meeting in accordance with the Planning Act where the matter(s) below will be considered. The meeting will take place:


VIRTUAL OPEN HOUSE VIRTUAL PUBLIC MEETING
DATE: December 22nd, 2020 DATE: Monday, January 11th, 2021
TIME: 6:30 – 8 PM TIME: 6:30PM
LOCATION: ZOOM Meeting* LOCATION: ZOOM Meeting*
*Please see below for further details on how to participate on Zoom or through an alternative method


About the Planning Application:
File No. and Name: 1701-005-19 – Township of West Lincoln – Renewable Energy Policies
The Township of West Lincoln has commenced an Official Plan Amendment process to create new Official Plan policies regarding Renewable Energy Policies within the Township. The Green Energy and Green Economy Act was first approved in 2009 by the Provincial Government and placed the approval and authority for all Green Energy applications at the Provincial level. Local land use planning policies were over ridden by that act. The current government has now repealed most of this previous legislation resulting in the need for local renewable energy land use planning policy again.


Staff is proposing the Township of West Lincoln Official Plan be amended by adding Section 13.4 to the consolidated Township of West Lincoln Official Plan. The amendment proposes that if a renewable energy system is being installed for the benefit of one house or one property and less than 10 KW then no amendment to the Official Plan is required and only regulations of the Zoning By-law would apply. Also, if a renewable energy system is being installed for the benefit of one house or one property and is greater than 10KW then this would require an Official Plan Amendment. The current Zoning provisions will be updated to implement this proposed policy change. A copy of the draft policy can be found on the Township’s website by searching the File name and number.

If you have any questions about this application, please contact the following planner:


Name: Brian Treble, Director of Planning and Building
Call: 905-957-5138


PLEASE READ:

How to have your comments heard:
Due to COVID-19, the Township will be hosting public meetings via ZOOM, an online video-conferencing system.

We will also be hosting a virtual open house via ZOOM on Tuesday, December 22nd, 2020 at 6:30 p.m. To register for the Virtual Open Houses, please contact the Township Planning Department.


Please submit your written comments by 4 PM Tuesday January 5th, 2021 to have them included in Staff’s report for the application in advance of the January 11th, 2021 Public Meeting.

Please submit your comments to jscime@westlincoln.ca with the file number for the application.


If you submit comments after this date, they will not be included in Staff’s report. Please ensure all comments have been submitted prior to Friday, January 8th, 2021 at 4pm. The comments will instead then be read into the public record during the meeting.

While residents are encouraged to make written submissions to the committee, members of the public will also be able to provide verbal comments at Committee and Council through Zoom.

Please contact the Township Clerk by email at jscime@westlincoln.ca or by phone at 905-957-3346, ext 5136 to register to speak at the meeting and you will be provided a link.

Please state the date of the meeting and the file number you wish to address. If you are not able to access ZOOM through a computer, there is an option to call into the meeting through phone numbers and a code provided.

If you wish to participate and cannot access the meeting through Zoom through a computer or by calling in, please notify the Clerk and all efforts will be made to accommodate your needs. To register for the Virtual Open House, please contact the Township Planning Department.


Important information about making a submission

~If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of West Lincoln Planning/Building/Environmental Committee before a by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Township of West Lincoln to the Local Planning Appeal
Tribunal.

~If a person or public body does not make oral submission at a public meeting, or make written submissions to the Township of West Lincoln Planning/Building/Environmental Committee before a by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the
opinion of the Tribunal, there are reasonable grounds to do so.


~Individuals who make written submissions with respect to a Planning Act application should be aware that their submission and any personal information in their correspondence
will become part of the public record and made available to the Applicant, Committee and Council.


For more information
The documents and background material for this application can be made available by contacting West Lincoln’s Planning Department at:
Phone: 905-957-3346
E-mail: planning@westlincoln.ca
Website: www.westlincoln.ca


Copies of the Staff Report will be available Friday January 8th, 2021 after 4 PM on the Township’s website.


If you would like to be notified of Township Council’s decision with respect to any planning application, you must make a written request (specifying which file number) to:
Joanne Scime, Clerk
Phone: 905-957-3346
E-mail: jscime@westlincoln.ca Dated: December 10th, 2020


Planning and Development Department
318 Canborough St. P.O. Box 400
Smithville, ON, L0R 2A0
T: 905-957-3346 • F: 905-957-3219
www.westlincoln.ca

Historic Win ~ Bald Hills Wind~ Too Close to Home

Bald Hills Wind Farm neighbours win historic legal battle against turbines ‘too close to homes’

By Jedda Costa |August 20, 2020|ABC Gippsland

The South Gippsland Shire Council and local residents have won a legal fight against the Bald Hills Wind Farm (BHWF) near Tarwin Lower, about 150 kilometres south-east of Melbourne.

Key points:

  • A council in Victoria’s south-east has won a historic legal battle against a wind farm near Tarwin Lower
  • Last year, the operator of the Bald Hills Wind Farm sued the South Gippsland Shire Council after a report found turbine noise was affecting the wellbeing of nearby residents
  • The Supreme Court yesterday ruled there were no legal errors made by the council

The operator of the windfarm sued the council in March last year after it commissioned an independent report, which found noise from the farm’s turbines was having an adverse impact on the comfort and wellbeing of residents.

The company appealed against the council’s findings and sought a judicial review of the report, claiming it was incorrect and unlawful, but the Supreme Court yesterday ruled no legal errors were made throughout the council’s investigation….

READ ARTICLE

New York Governor wants State control to silence opposition of Wind projects

no_wind_400x400READ PROPOSED ACT AMENDMENT FULL TEXT

A BUDGET BILL submitted by the Governor
in accordance with Article VII of the Constitution
AN ACT to amend the public service law, the economic development
law, the real property tax law, the general municipal law,
the public authorities law, the environmental conservation
law, the New York state urban development corporation act
and the state finance law, in relation to accelerating the
growth of renewable energy facilities to meet critical
state energy policy goals (Part );…….

The Buffalo News|By: Tom Precious|February 25, 2020

Cuomo wants more state control of solar, wind energy permits

LBANY – Large-scale solar and wind projects would be subject to a dramatically new permitting process controlled only by the Cuomo administration – a plan developers say would cut by years the time to it takes for large renewable energy facilities to be approved in New York.

Local government officials, however, say it will sharply reduce the role communities now play in the process for siting larger energy projects.

“What little opportunity we have to have any say in the matter is completely taken away,” said Wright Ellis, supervisor of the Town of Cambria, where a solar project on 900 acres called Bear Ridge has been a controversial fight for nearly two years.

“I’m very concerned because, traditionally, land use has been the province of the local government. … This just cancels that out completely,” Ellis said.

Gov. Andrew M. Cuomo wants his economic development agency to create a new Office of Renewable Energy Permitting to handle permitting procedures for big solar and wind projects, though there appears to be opportunities for some smaller projects, such as those known as “community solar,” to bypass local government oversight and go directly to Albany for needed approvals…….

The New York State Conference of Mayors, which represents city and village officials, added its concerns about Cuomo’s plan, saying that it would lead to “no meaningful role for local governments as representatives of their communities” in siting decisions for solar and wind projects.

READ ARTICLE HERE

Wind Power & a Political Blind Date

Will wind turbine debate blow ill will on TVO’s “Political Blind Date”?

Published on: February 19, 2020|By: Frances Learment

A Port Elgin couple who allege the Unifor wind turbine in Port Elgin triggered debilitating health issues that forced them to move will be part of the debate Feb. 25 on TVO’s “Political Blind Date” featuring PC MPP Bill Walker (Bruce-Grey-Owen Sound) and Associate Minister for Energy, and Peter Tabuns, NDP MPP (Toronto-Danforth) who will debate hydro pricing and energy policies. SHORELINE BEACON FILE PHOTO

A Port Elgin couple who allege the Unifor wind turbine in Port Elgin caused a long list of debilitating health issues will be part of the conversation Feb. 25 on TVO’s “Political Blind Date.”

The edition features Bill Walker, PC MPP (Bruce-Grey-Owen Sound) – who has called for a moratorium on new wind power development – and Associate Minister for Energy, and Peter Tabuns, NDP MPP (Toronto-Danforth) and the debate will include hydro rates, energy policies, and community windmills…..


READ ARTICLE

The turbine debate edition airs Feb. 25 at 9 p.m. After that date the episode will be available at;

 

Ontario being charged under Environmental Protection Act

Province, wind turbine companies charged under Environmental Protection Act

There are reasonable and probable grounds to believe environmental offences have been committed

CBC News | Province, wind turbine companies charged under Environmental Protection Act

The Ontario Court of Justice has determined there are “reasonable and probable grounds” to believe environmental offences have been committed by Ontario’s Minister of the Environment, ministry staff and three industrial wind companies in Chatham-Kent.

According to court documents, the charges come from the Environmental Protection Act.

Eric Gillespie, a Toronto-based lawyer, represents complainants who have been experiencing problems with their water wells.

“When somebody believes there has been an offence committed, they can go directly to the courts,” said Gillespie. “One local resident went last week before a justice of the peace, who heard information and formed the opinion that there were grounds to believe offences had been committed.”

One witness called to court is Christine Burke, who spoke to CBC in February 2018 about the problems with her water well.

Burke was not permitted to speak to CBC now that she’s named as a witness in the court proceedings.

As a result, the summons to appear in court were issued to the Ministry of Environment, the minister of the environment and the three companies.

According to court documents and Gillespie, the charges are for ongoing actions since 2017.

In one, Jeff Yurek, minister of the environment, is named as failing to “take all reasonable care to prevent the installation and operation of the wind turbines at East Lake St. Clair Wind Farm, run by Engie Canada and at the North Kent 1 Wind Farm run by Pattern Energy Group and Samsung Renewable Energy from discharging or causing or permitting the discharge of contaminants.”

Those contaminants include black shale and potentially hazardous metals….

READ ARTICLE

no_wind_400x400

Standoff with Nation Rise Wind

IMG_0955
Located approximately 40 kilometers southeast of Ottawa, ON near the South Nation River, the Nation Rise Wind Farm is situated in the Municipality of North Stormont within the United Counties of Stormont, Dundas, and Glengarry.

Residents have reported being exposed to cement dust used for access road construction for Nation Rise wind.  BOREA is the on-site construction company  hired by EDP Renewables.  EDP was awarded a renewable energy approval on May 4, 2018.  BOREA is the same company, named among other defendants, in the West Lincoln $10 million personal injury and damage lawsuit currently being heard before the courts.

During the construction of Niagara Wind residents were forced to seek emergency health care after becoming ill  after exposure to dust from  that project’s construction.

Construction dust from a wind turbine project in Niagara is behind a 10 million lawsuit; 2018/02/01

Is history being repeated?

Video posted by Nation Valley News July 14, 2019

 

Photos of construction of access road for Nation Rise Wind, July 2019

Experience of a Lifetime

You are invited to live the life of an experience you will always remember.

You are invited to bring your family, your grandchildren (young children) and your pets to spend an all expense paid week (bring your computers to enable you to continue to work) in the “green” area of industrial wind turbine business contracts.

Experience first hand shadow flicker, low frequency vibration, infrasound, children covering their ears because the noise hurts, computers that work but only when not impacted by turbine activity.  Sleeping in the basement is optional.

Enjoy the night sky.  Red blinking lights that penetrate your lodging, the backyard and the skies for tens of kilometres in the distance (because turbines are sooooo tall you can see them very very far) is one of the most unnatural scenes at night in rural Ontario.  As a preview please watch  the video to see the view from the USA over Lake Erie to Ontario.  The night sky daily looks like a runway, but it is the shoreline littered with turbines.  I hope you enjoy the view.

News 5 Cleveland published on Apr 19, 2017

Taste sediment-filled water which has been approved for consumption and usage.  Clean potable water can be purchased for a costly amount.

Experience what so many people in rural Ontario are forced to live with daily.

Experience what will happen to the people of North Stormont when you choose to approve the Nation Rise Wind project knowing the outcome.

Please note you will not be allowed to leave the premises to sleep in your vehicle should the vibrations become unbearable.

You are encouraged to purchase your lodging at a fire-sale price as property values in industrial wind turbine areas are greatly reduced.

We, the impacted people, hope you will enjoy your stay and the experience of what we live with daily.  We look forward to your offers of purchase.

Please advise me of dates available before June 1, 2019 and I will make your arrangements.

Following June 1, 2019 there will be a one year waiting period for the construction of the Nation Rise Wind project IF allowed to proceed.  Accommodations will be equitable to those presently offered.

Ruby Mekker
Ontario

Wind Turbine Fire in Nova Scotia

What happens to neighbours’ properties when they have toxic material strewn all over their fields?  When livestock graze on their shard-like pieces or walk on them?

CBC News|Wind turbine catches fire in West Pubnico|Mar.19.2019

Huge turbine threw burning hunks of material 100 metres to the ground

1
A wind turbine in West Pubnico caught fire late Friday afternoon. (Frankie Crowell)

CBC News · Posted: Mar 16, 2019 10:08 AM

A wind turbine in West Pubnico caught fire late Friday afternoon. (Frankie Crowell)

A wind turbine caught fire in West Pubnico, N.S., late Friday afternoon, throwing huge, burning pieces of material to the ground.

Firefighters were called to the scene around 5 p.m., but West Pubnico fire department Chief Gordon Amiro said there was little firefighters could do to douse the flames.

“We couldn’t get nowhere near because the blades was still turning, so, and pieces was breaking off the blades,” he said. “So if a piece was to fall off, it would go a long ways with the wind and that. So it wasn’t safe to go nowhere near the tower at all.”

No one was injured.

Amiro said when the blades turn, the tips are more than 100 metres up in the air — too high to fight the fire from the ground.

2
Firefighters say there was nothing they could do to put out the fire on the turbine because it was too high in the air for them to reach. (Frankie Crowell)

“There was nothing we could do more than watch what was falling down and if the ground was to catch fire, just to put it out on the ground.”

Firefighters say there was nothing they could do to put out the fire on the turbine because it was too high in the air for them to reach. (Frankie Crowell)

Amiro said two of the blades were completely burned and the nacelle, the gearbox at the centre of the blades that’s “almost as big as a school bus” was also seriously damaged.

Firefighters stayed at the scene for about an hour to ensure no one got too close.

Amiro said it’s a good thing it was raining and the ground was covered with snow.

“If that would have been August, we’d still be there trying to put wood fire out,” he said Saturday morning.

3
Firefighters kept people away from the area during the fire due to falling pieces of burning material. (Frankie Crowell)

Firefighters kept people away from the area during the fire due to falling pieces of burning material. (Frankie Crowell)

Source: https://www.cbc.ca/news/canada/nova-scotia/wind-turbine-fire-west-pubnico-1.5059425

FIRE SAFETY SCIENCE-PROCEEDINGS OF THE ELEVENTH INTERNATIONAL SYMPOSIUM pp. 983-995

COPYRIGHT © 2014 INTERNATIONAL ASSOCIATION FOR FIRE SAFETY SCIENCE/ DOI: 10.3801/IAFSS.FSS.11-983984

“The fire problem in wind turbines arises as a result of large amounts of highly flammable materials (hydraulic oil and lubricants, composite materials, insulation, and polymers) contained within the nacelle of the wind turbine and packed in close proximity to potential ignition sources such as overheated mechanical components (hot surfaces) and electrical connections that could fail [8-12].

Once a fire is ignited in a wind turbine, the situation rapidly escalates because the high wind favoured by turbine locations enhances the supply of oxygen and, hence, the fire growth. In over 90% of wind turbine fires reported, a total loss of the wind turbine, or at least, a severe structural failure of the major components (blades, nacelle, mechanical or electrical components) has been reported[8].

Moreover, even in the case of rapid detection, the fire brigade cannot intervene because of the turbine height[9, 10, 12], and for offshore wind turbines it is impractical to send response teams to fight the fire[9]. Under high wind conditions, burning debris from the turbine may fall on nearby vegetation and start forest fires or cause serious damage to property (see Fig. 4)[10]

The nacelle can house a huge amount of flammable liquids including gearbox oil, transformer oil, hydraulics fluids and other lubricants. For example, in a single 1.5MW wind turbine, up to 900 litres of lubricating oil including cooling and cleaning fluids can be stored inside the nacelle”

https://www.iafss.org/publications/fss/11/983/view/fss_11-983.pdf