Local Zoning Bylaws

Before you invest in a wind energy system, you should research the zoning bylaws that apply to your property. Some jurisdictions, for example, restrict the height of the structures permitted in residentially zoned areas, although variances are often obtainable. For example, many residential zoning ordinances have a height limit of 11 metres. Most restrictions occur in populated areas where height, safety or aesthetics are issues.

You can find out about the zoning restrictions in your area by calling the local building inspector, board of supervisors, or planning board. They can tell you if you will need to obtain a building permit and they can provide you with a list of requirements. There are also federal regulations about the height of structures near the approach path to runways at local airports. If you are within 10 miles of an airport, you need to check these regulations with the airport authority.

In addition to zoning issues, your neighbors might object to a wind machine that blocks their view, or they might be concerned about noise. See Other Considerations for more information.

When getting a building permit, be prepared to answer questions and clear up common misconceptions about small wind turbines. It's helpful to have case studies and photographs of similar installations. When you contact your local building inspector, board of supervisors or planning board, find out what documentation is required for your turbine. You may have to submit a structural plan drafted by an engineer, although documents from your turbine manufacturer or dealer may be sufficient.

A zoning variance is a project-specific exception from existing zoning regulations. If the zoning code prohibits structures more than 11 metres tall, for example, a wind turbine will probably need a variance from the rule unless special provisions have already been inserted for wind energy systems. Local county or city planning boards usually have to approve variances. Take note of other tall structures that neighbors may have already accepted, including water towers, rooftop satellite dishes, cellular communications towers, etc.

Permitting requirements, procedures, and fees vary widely among jurisdictions. There may be other fees for public notification, hearings, and environmental impact studies costing from a few hundred to several thousand dollars. Some fees may be reduced or waived in particular situations.

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