HB 5069
Establish setback from residential properties for new windmills being constructed throughout the state.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes minimum setback distances for wind turbines being constructed in West Virginia. Specifically, it requires wind turbines to be located at least 1.1 times their combined height from property lines, residences, and overhead transmission lines of 115kV or greater. Landowners can apply for waivers to reduce these setbacks, but the bill aims to protect residents and infrastructure from potential noise and visual impacts associated with wind energy development.
Key provisions
- Requires a minimum setback of 1.1 times the turbine’s height from property lines.
- Requires a minimum setback of 1.5 times the turbine’s height from residences.
- Establishes a minimum setback of 1.1 times the turbine’s height from overhead transmission lines of 115kV or greater.
- Allows landowners to request waivers from the setback requirements.
- Defines key terms such as ‘owner,’ ‘residence,’ and ‘wind energy system.’
- Applies to wind energy systems exceeding 500 kilowatts of potential generation.
- Sets forth measurement methodologies for determining setback distances.
- Excludes modifications to existing siting certificates issued prior to the bill’s effective date.
Who is affected
- Wind energy developers
- Property owners
- Residents
- Utility companies
- West Virginia Public Service Commission
Notable changes
- Introduces specific setback requirements for wind turbines based on proximity to property lines, residences, and transmission lines.
Sponsors
Official sponsors from legislative records.
Primary sponsor
D. Cannon
Cosponsor
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