Developing Wind Projects is Part Legal and Part Relationships

Last year, for the first time since the mid-1990s, wind generation in the U.S. declined.  While it wasn’t a drastic drop, there have been multiple guesses about the cause, ranging from reduced wind speed to supply chain issues.  However, one reason that isn’t being talked about enough is the increasing difficulty of getting local permits for projects.  A study from USA Today found that 15% of Counties in the U.S. have local laws that the paper considered impediments to wind and solar projects.  These laws range from outright bans for renewable projects to moratoriums that allow counties to work to draft zoning rules to address renewable projects.  The most common types of restrictions are ones that address the height and locations of turbines.  In Oklahoma, counties with Planning Commissions or Metropolitan Area Planning Commissions can create zoning rules to regulate the location, height, bulk, and size of structures.  

Rules that limit the height of wind turbines can have devasting impacts on the viability of projects.  This is because the taller the turbine, the more power it can produce.  Why? Because “[a]t higher heights above the ground, wind can flow more freely, with less friction from obstacles on the earth’s surface such as trees and other vegetation, buildings, and mountains.”  Turbine sizes have steadily increased in height because of this.  

But what’s the reason for these increased local restrictions on renewable projects?  A lot of this is based on something that they don’t teach in law school … relationships.  When developing renewable projects, companies must prioritize building relationships with people living in those communities.  This goes beyond just educating the public on the benefits of their projects; it’s about listening to their concerns and answering questions from people who may not be familiar with wind projects. 

You can read the full USA Today article below: 

https://www.usatoday.com/story/news/investigations/2024/02/04/green-energy-nationwide-bans/71841275007/ 

Jen Maher

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What Happens When the Wind Stops Sweeping Down the Plains