Permitting is one of the important steps associated with installing a wind turbine, whether it is for a residential turbine in one's back yard or for constructing a utility scale wind farm. For large wind projects, the permitting process can affect the timing, location and costs of a project.  For residential projects permitting is a less crucial step which mainly affects the timing.

 Local ordinances regulate what is allowed and is not allowed in a specific area. Examples of local ordinances are zoning codes and building codes. Zoning specifies what you can build in a specific area, while building codes ensure public safety, health and welfare.

Zoning administrators are generally concerned with the height of towers and their distance from property lines and utility rights-of-way. In some places, as in the city of Houghton, it is prohibited to put a tower in residential or recreational areas. 

If a project violates a local ordinance, one can ask for a variance. Local zoning administrators can then either issue a permit or require a public hearing.  At the public hearing, all interested parties will be able to provide their input as to whether a variance should be allowed. Check with your local officials to determine the zoning ordinances in your area.

Houghton County is working on a countywide land-use plan but currently has no plans for zoning. The following places in Houghton County have zoning:

•  The Cities of Houghton and Hancock

•  Calumet Township

•  Village of Calumet

•  Chassell Township

•  Duncan Township

•  Portage Township

•  Village of South Range

Keweenaw County recently revised their land use plan and is currently revising its countywide zoning ordinance.  

According to a local survey conducted by the Western U.P. Planning and Development Region, Baraga County does not have a countywide zoning ordinance. However, all five townships, Arvon, Baraga, Covington , L'Anse, and Spurr and the Village of L'Anse have zoning ordinances. Only the Village of Baraga does not have zoning.

All construction projects have to comply with the 2000 Michigan Building code whether there is zoning in your area or not. This code is a Michigan state law that is enforced by local authorities. This code controls all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all building and structures and their service equipment.

Projects must also comply with the National Electric Code (NEC), which is in place to protect against shocks and fires caused by electricity. This code applies to all wiring and associated hardware that is part of a home wind installation. Some locales require an electrical permit for the installation of a residential wind turbine, while other areas do not. Check with your local zoning officials or the county building department about their particular requirements.

For residents installing a system that is interconnected with the grid, UPPCO will require you to fill out an application for its review, detailing equipment and system specifics. Upon its review and possible inspection, it will sign an interconnection agreement with you before you are allowed to connect the system to its distribution grid.

For large projects, state laws associated with wetland protection and the protection of endangered species may apply:

•  Natural Resources and Environmental Protection Act 451 of 1994 under part 303 – either a wetland protection permit or a letter of approval is needed if wetlands will be altered in any way.

•  Natural Resources and Environmental Protection Act 451 of 1994 under part 365 - applies only when any federally listed endangered or threatened species will be harmed.

 

The Federal Aviation Administration (FAA) requires that one apply for a permit for towers taller than 200 feet or within a few miles of an airport. The exact distance depends on the type of airport. In such cases form 7460 must be completed and submitted to the FAA. The FAA will decide whether there will be any restrictions placed on the tower or its location. An example of a restriction is lighting on the tower.

For large projects, federal laws associated with habitat conservation, bird migration, and the protection of wetlands may apply:

•  Habitant Conservation & Incidental Take Permit – applies only when any federally listed endangered or threatened species will be harmed.

•  Migratory Bird Treaty – forbids the take of migratory birds. This means that you are not allowed to put up a wind turbine if you know that it may kill or harm migratory birds.

•  National Pollution Discharge Elimination System : storm water notice of intent – applies only when wastewater is to be generated during construction, or groundwater to be affected.

•  Section 401 and 404 of the federal Clean Water Act – applies if fill was discharged into wetlands.

The Office of Energy, Michigan Department of Labor and Economic Growth with input from members of the Michigan Wind Working Group has developed a document, The Michigan Wind Energy System Siting Guidelines, for siting wind turbines. It differentiates between wind turbines less than 300KW and wind turbines larger than 300 KW. 

The document is only a draft and hasn’t come into force yet, but it addresses all the issues that have to be taken under consideration when a wind turbine is sited and installed.  In the future, local goverments are likely to refer to these or similar guidelines in their local ordinances. 

Environmental Impact Statements are documents prepared to describe the effects of a proposed activity on the environment. In general, the environment includes land, water, air, structures, living organisms, social, cultural and economic factors.

For activities involving federal action, the National Environmental Policy Act 1969 (NEPA) specifies when an EIS must be prepared. NEPA requires that an EIS be prepared for major federal actions with the potential for a significant impact on the quality of the environment. The U.S. Department of Interior has determined that the establishment of a Wind Energy Development Program would be a major federal action as defined by the NEPA.  For example, an offshore wind farm would have to be approved by the federal government and would trigger the need for an EIS.

States also can require EISs under various circumstances.  Based on the draft guidelines mentioned above, Environmental Impact Statements will be required for large turbines. According to the guidelines, the EIS should identify and assess any potential impacts on the natural environment including, but not limited to, wildlife, endangered species, wetlands, historical and cultural sites, antiques, and fragile ecosystems.

Wind Power in the Western Upper Peninsula