Wind, solar energy zoning ordinance considered
May 13 - McClatchy-Tribune Regional News - Meg Bernhardt The Frederick
News-Post, Md.
As alternative energy grows in popularity, the Frederick County
Commissioners have started to ponder zoning for residential solar and wind
energy systems.
The new law would outline locations and lot sizes where such systems would
be allowed. Planning staff members are expected to a draft ordinance to the
commissioners some time this summer.
"We want to encourage (small scale energy generation) without failing to
account for some of the legitimate concerns people have about the right
scale or the right place," said Commissioner Kai Hagen.
The ordinance will likely focus on power generation as an accessory use to
residential or agricultural properties, said Frederick County Zoning Officer
Larry Smith.
It could also include generation as an accessory to a commercial use; Mount
St. Mary's University has inquired about adding wind systems at the college,
he said.
The zoning ordinance is now silent on these systems, which creates a problem
for people interested in adding them, especially wind power generation.
Many solar panels are installed on existing structures and wouldn't need
special zoning approval. But wind systems typically include towers or
free-standing structures and would require zoning approval.
The Maryland Energy Administration has developed a model zoning ordinance
for wind power, and Carroll County adopted a new zoning law this month to
allow small wind turbine energy systems.
In the Carroll County ordinance, wind turbines with power up to 50 kilowatts
are allowed in all zoning districts, with a maximum height of 150 feet. In
some zoning districts, the height is shorter. Mike Maring, the Carroll
County bureau chief of Permits and Inspections, said the county decided to
look at a wind turbine ordinance because people have been calling every
other day asking questions about installing those systems.
Before the new law was adopted, residential systems were not permitted in
Carroll's zoning ordinance.
Frederick County Commissioners President Jan Gardner said Frederick County
should be ready for and encourage the use of small scale systems.
"Certainly these energies are better for the environment, but I think now
that they are better for people's pocketbooks, there will be more interest
for these alternatives than there has been in the past." But developing
regulations will be a challenge.
The commissioners will have to decide how tall towers can be in residential
neighborhoods, if they should adopt noise requirements, and if solar and
wind should have completely different regulations.
Hagen said he'd like the commissioners to take their time in evaluating the
ordinance, because strict standards might preclude some new technologies.
The commissioners want reasonable limitations, he said, to make sure tall
towers go where they are most appropriate, like on big farms with plenty of
space between properties.
Commissioner Charles Jenkins said the real hurdle for expanding wind power
will rest with homeowners associations. Solar power is already protected
under state law from prohibition by those associations.
"Do the HOAs want to start letting people have 30 feet tall poles off their
roof for a wind turbine?" Jenkins asked.
Commissioner John L. Thompson Jr. said consideration of the new section to
the ordinance would be similar to problems faced whenever the commissioners
take up zoning law.
Though the county wants to encourage alternative energy, it also needs to
consider the rights of property owners and their neighbors, he said. "It
involves the careful balancing of the competing interests involved." But
there is a historical precedent for small-scale wind power in Frederick
County, he said.
Before power lines, limited amounts of electricity were generated on farms
by windmills.
The Maryland Energy Administration hopes to work with local governments to
expedite putting wind power systems in place, said Brandon Farris, policy
director at the administration.
Without more generation in Maryland, the state will face rolling blackouts
by 2011.
"We've identified it as a priority," Farris said. "Our motto is 'Every
kilowatt helps.'" |