Wind ordinance gets 3-0 approval

Whitman County commissioners unanimously codified the new industrial wind power zoning ordinance Monday, without any of the controversy that accompanied the more than two-year process of crafting the ordinance.

“I know not everybody’s happy,” said Commissioner Michael Largent. “But this is how the process works.”

Commissioners inserted some last minute changes into the ordinance that was passed by the county planning commission.

Those changes were spurred by Commissioner Greg Partch after hearing testimony at a Nov. 2 public hearing on the ordinance.

“After listening to the testimony that we heard from our hearing and from the numerous letters that we got in, I am in favor of changing the setback standards,” said Partch. “I think this is most defensible.”

The final ordinance requires wind turbines be placed four times their height from occupied buildings, which was changed from the planning commission’s five times tower height setback distance.

Commissioners also changed the setback from property lines from 1.5 times the turbine height to the turbine’s height plus 100 feet.

Most of the testimony at the Nov. 2 hearing came from Colton-area residents who asked that towers be allowed to be built closer to homes than the planning commission’s ordinance allowed.

Commissioner Pat O’Neill, who represents that area on the county commission, said he wanted to reduce the setback rules even more but relented to Partch’s suggestion.

“I would prefer the distance be 3.5 T, but I will support 4 T,” he said.

Any wind farm project will have to obtain a conditional use permit from the county’s board of adjustment. The board will have the option to place tighter restrictions on wind farms during the permit process.

County Planner Alan Thomson’s determination that the ordinance would not have a negative impact on the environment has been challenged by Carolyn Kiesz of Thornton and Roger Whitten of Oakesdale.

The county’s passage of the ordinance means their challenges will now be heard in superior court.

Whitten said he was not surprised by the passage of the ordinance. He believes his court challenge will spotlight the damaging effects that wind farms present to the health of neighboring homeowners.

“The noise produced from these turbines absolutely harms neighbors,” he said. “I’m looking forward to the appeal, where I can present the court evidence of just how much low-frequency noise they produce, and how that noise affects neighbors.”

Thomson said he felt commissioners’ approval of the ordinance would be influential in the judge’s decision in the court case.

“The fact that this was approved by a local board should weigh heavy in the court decision,” he said. “Unless there’s a glaring error.”

Partch acknowledged that he was troubled about Whitten’s noise concerns Monday, but said he had faith that the board of adjustment would be able to clear up the problem in the permit process.

While the passage clears the way for the court challenge, it does not necessarily mean turbines will be immediately popping up on the Palouse, said Ben Fairbanks, western region business development manager for Massachusettes wind energy company First Wind. First Wind has been studying a site on Naff Ridge near Thornton for a possible wind farm. Fairbanks was a regular attendee at meetings during the crafting of the ordinance.

Fairbanks said having the ordinance in hand lets companies like his know the ground rules of setting up a wind farm in Whitman County.

“I think having this ordinance gives wind developers the certainty to move a project forward,” said Fairbanks. “Whether it’s us or another developer.”

He said the process of applying for permits through the county typically takes about six months, and issuance depends on the number of appeals of the permit process.

Fairbanks said his company still needs to study specifics on avian flight patterns, cultural resources and wind patterns before it will know if a wind farm is viable here.

“You’ll be the first to know,” he told the Gazette.