State Poised To Override Local Ordinances To Promote Wind Power

In an attempt to promote alternative energy development, the House Government Operations Committee has proposed two bills which would ease restrictions on where companies could build wind turbines in Michigan. Although several township and county officials in Mackinac County have expressed interest in wind power, this action by the house has alarmed some local authorities, because the bills would exempt wind turbines from local zoning laws, making it difficult to control where the structures would be placed, they say, and possibly leading to a precedent in which local authority is usurped by state control.

The Michigan Townships Association, in its November legislative update to members, said that House Bills 4648 and 4649 would allow for local zoning laws to be bypassed. New turbines, it says, would only have to be set back from property lines in proportion to their height. The blades could come within 20 feet from the ground, and in terms of noise, a 60 decibel limit would be allowed at the nearest property line. As long as enough space is provided, according the bills, turbines could even be placed in residential areas.

The most outspoken opposition to the bills in Mackinac County has come from Moran Township.

Township Supervisor Jim Durm and Trustee Lonnie Heuer both expressed strong opposition to the idea of local control being usurped by the state.

“This would set a precedent,” said Mr. Durm. “If they succeed in overriding us in one area, they could override us in terms of developing other projects. On the other hand, we also have to be careful; We don’t want to favor one type of industry over another, but we do want people to have to come to us concerning projects like this.”

The sentiments of Mr. Durm and Mr. Heuer mirror that of testimony given by the Michigan Townships Association (MTA) and the Michigan Association of Counties (MAC), which according to MTA’s legislative briefing, “expressed strong opposition to this proposed pre-emption of local control.”

The bills are sponsored by Representative Howard Walker of Peninsula Township, who has said he will meet with the two associations to work out a compromise.

“There is a lot of support in the legislature for this,” said Mr. Durm, “but our zoning is fairly restrictive. We are always protective of our views of the Mackinac Bridge and the Straits area,” he said, referring to the stretch of US-2 between St. Ignace and Brevort village. The township board has been enthusiastic about keeping the view clear of excessive signage, and has initiated efforts to trim trees to enhance the view.

“In terms of aesthetics,” he added,“I’m concerned about the density of turbines. They want to be able to put more in a smaller area, but the area along US-2 is valuable land.”

Moran Township requires much more land to be set aside for a turbine than the state would require under the new legislation.

According to zoning administrator Mark Spencer, Moran Township does not allow for wind power generators east of the village of Brevort.

“There is a transitional area,” he said, “where current ordinances would allow for turbines, but the ordinance states that they must be 2,500 feet from the highway, and the blades must be 40 feet from the ground.”

Elsewhere in the township, he added, turbines must be set back from property lines no less than 2/12 times their height. Generally, speaking, he added, this means at least 600 feet for most commercial wind turbines.

Mr. Durm said that Moran Township Planning Commission was approached by Richard VanderVeen of Bay Windpower two or three years ago. Mr. VanderVeen was behind the wind towers built in Mackinaw City and wanted to build at least two in Moran Township.

The project didn’t get far, but the company did put up a 150 test tower north of Brevort village, which has since been taken down, said Mr. Spencer. Township officials have not heard back from Mr. VanderVeen concerning the value of the data collected.

According to Mr. Durm, two major problems with turbines are that they are more expensive than local power sources, and they must have access to high-voltage power lines.

There are advantages, however, he added. Wind power is considered environmentally favorable “green power,” and some residents of Mackinaw City have expressed willingness to pay slightly more for it. Also, having wind turbines operating in Moran Township could reduce dependence on outside energy sources, which could benefit the area, especially if ice storms take down distant power lines, he said.

The township’s electricity comes from Consumer’s Power and Edison Sault Electric, Mr. Durm added, both of which supply the area from a distance.

Jeff Lawson, village manager of Mackinaw City, the first community in Michigan to work with a private company to promote wind turbines, was not aware of the proposed legislation concerning overriding local authority over where the structures could be located. He said his council has not yet discussed the issue, but expressed concern that the bills could cause problems for local government.

“Generally speaking,” he said, “most communities don’t support laws that allow companies to bypass local control. It is important for communities to plan where these structures are to be placed.”

Mackinaw City has been involved with wind turbines for several years. Two are operating now, he said, and three more have been approved.

“Turbines are an old technology,” Mr. Lawson added, “and they work. There are a lot of them in the United States. The turbines in Mackinaw City support an average of 600 households per year, and they are an important part of the electrical grid.”

Mr. Lawson said that the turbines in his area have, for the most part, produced positive comments from the community, with the exception of residents living in houses closest to the towers, who have expressed frustration with them for years.

“We did the best we could,” he said, referring to the difficult task of deciding the best place to build the structures. “Others should learn from the problems we’ve had with residents living in close proximity to wind turbines.”

Mackinaw City officials chose to place the turbines in an area owned by the village, and area already zoned industrial, he said. They are on a lot adjacent to a wastewater treatment facility and near the power grid. This lot is isolated from residential areas, he said, although he added that there are two homes nearby.

The fact that the village owned the land, along with its zoning laws, gave planners extra leverage concerning where the structures should go, he said, and led to a mutually beneficial leasing agreement between the village and the developer.

The Mackinac Straits area funnels wind, said Mr. Durm, so most of the townships likely to be approached by companies interested in promoting wind power would be along Lake Michigan.

Dawn Nelson, assessor for Garfield Township, said the township has received no proposals, although she did not anticipate opposition, unless the farming community did not like the structures using up large parcels of land.

In Hendricks Township, Supervisor and Assessor Robert Konle said that the proposed legislation concerning wind turbines was not a problem in his area.

“There are no restrictions on them here,” he said. “I think they are a good thing. We’d probably make a little money from wind turbines, and this is a good area for them.”

So far, however, none have been proposed in Hendricks Township. According to Alice Zdbeski, Newton Township clerk, there are no zoning ordinances in her area, but windmills would not be a viable source of energy there.

“We are quite a distance from suitable power lines,” she said. “And wind power costs just as much as regular power anyway.”

The bills have not yet gone to the House floor for a vote, said Mr. Durm.

Although sentiments concerning current legislation regarding the structures is mixed, according to Mackinac County Commissioner Joe Durm, the Straits of Mackinac is a perfect location for the wind turbines.

“There are three good places in St. Ignace for them,” he said. “Test towers were placed on two. One is on Cheeseman Road, on a hill behind Little Bear. The other is west of the bridge, between the golf course and the lake, where the city owns 67 acres. In fact, that site was considered better by Bay Windpower than the sites in Mackinaw City.”

Another advantage, he said, is that companies lease the land for wind turbines, so the city would receive revenue for each turbine built. Further, the city of St. Ignace, as well as residents buying the power, would receive tax breaks for using non-polluting green power.

Mr. Durm’s personal suggestion was to follow Denmark’s lead and put the structures offshore.

There are four old Air Force piers on East Moran Bay which could serve as foundations, he said, noting the jet fuel piers formerly used for Kincheloe Air Force Base.

“The wind is always blowing there,” he said.