Court ruling wipes out local wind ordinances
Photo 
Thomas J. Alisankus
A recent Wisconsin appeals court ruling wipes away ordinances written in Union and Magnolia townships to regulate wind energy systems, experts say.
But the court ruling would be trumped if the state Legislature approves a bill to develop statewide siting standards.
“Even though we apparently wasted $40,000 coming up with an ordinance, I don’t think the money was completely wasted because I think we have solid, scientific facts that will give our community and the Union Town Board the basis for evaluating these proposals on a case-by-case basis,” said Tom Alisankus, who chaired Union’s wind study committee.
Although the ruling by the District 2 Court of Appeals in Ecker Brothers versus Calumet County applies statewide, the opinion is based on current law. If the proposed wind siting statute is approved, it would override the court ruling, experts say.
Meanwhile, Calumet County and the Wisconsin Counties Association plan to continue the fight in court with an appeal to the Wisconsin Supreme Court, said John Reinemann, legislative director of the counties association.
The judges said Calumet County could not use an ordinance to apply setback, height and other restrictions to all wind energy systems, he said.
The opinion reads: “We hold that this ‘one size fits all’ scheme violates the legislative idea that localities must look at each wind system on its own merits and decide, in each specific case, whether the wind system conflicts with public health or safety.”
Alisankus, a lawyer and municipal judge, said the ruling is misguided because it invalidates ordinances, which is typically how things are regulated.
“Oftentimes, the whole reason you put out an ordinance is so everyone knows ahead of time what the standards are,” he said. “More importantly, everyone is treated the same way.”
Vote on Tuesday
A bill working its way through the Legislature would have the state Public Service Commission develop statewide permitting standards. Now, wind projects of 100 megawatts and more go through the PSC for permitting, and smaller projects are permitted through local municipalities.
That’s created a patchwork of ordinances that make permitting difficult or impossible, the wind industry says.
Officials at the counties association think statewide standards probably are on the way, so they’ve been in contact with those “framing the law in an effort to preserve as much local control as possible,” Reinemann said.
The Senate Commerce, Utilities, Energy and Rail committee is scheduled to vote on the wind siting bill Tuesday, said Kevin Brady, a spokesman for Sen. Jeff Plale, D-South Milwaukee, a co-sponsor of the bill.
The Assembly version of the bill already has passed the Assembly Utilities Committee and is ready for a vote on the Assembly floor, he said.
Aug 4, 2009 at 4:30 p.m.
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And, Runnoft, being the expert on everything green, let me know about my original thought, how is it living within 1000' of a smokestack? Explain your answer slow for us un-educated. Enlighten us.
Aug 4, 2009 at 4:23 p.m.
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Runnoft, if all people had your attitude we would be back in the stone age. But I am impressed with your inate ability to tell how much research I have or have not done. How much stock do you have in companies that burn things for energy?
Aug 4, 2009 at 2:11 p.m.
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Runnoft-nice name by the way... The people don't need to go overseas for the technology. The ones in Minnesota are built in Minnesota and installed by local workers. Why could that not work here? Minnesota is much closer than Spain. Yes, I agree; there is more to life than the media, and I would hope that the farmers in western Rock County would ban together to create windfarms like the 1 in Minnesota that is entirely farmer owned, and keep the profit in their pockets.
Aug 4, 2009 at 10:45 a.m.
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If Greengina8 has anything more to say, Everyone should listen! If you were to choose between smokestacks and wind towers, which one is safer and healthier? My house is on a lot that measures 50' by 150' and if "allowed" I would install the biggest wind tower that I could physically fit on it! Quit burning and start turning!
Aug 4, 2009 at 9:54 a.m.
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I watched a really cool show on PBS last night about wind power and how farmers in rural Minnesota are actually making a lot of money by selling the extra wind-generated power to the energy company (Alliant in this case), and how a $2 million investment in 1 tower actually paid for itself in less than 3 years. I am not sure how or why the state overturned a local ordinance, and I hope the appeals court decision is reversed. Rural wind power co-ops put the profits into the hands of the citizens. If the government stopped subsidizing coal, nuclear, and other fuel sources and let them compete with wind and solar, only then would we see the true market leader in new and clean energy technology.
Aug 2, 2009 at 10:26 p.m.
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Check out the headline.
Local control is being removed and it is only one place that our local government is losing.
What if the state takes away the power of the cities to protect the health and safety of the people? This is s serious attack on our rights and just where to we to move to retain voting power.
Is big business going to rule our country???
Wake up and see what is happening here.
Where has anyone talked about how safe large wind turbines are for residents?
Please let me know?
Aug 2, 2009 at 6:35 p.m.
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NOT SO FAST!!!
The ruling clearly states the local governments can regulate turbine siting based on health and safety. The Union and Magnolia ordinance as well as others that have been passed in Rock Co. are based on health and safety. The Calumet Co. ordinance was one of the first in the state and is not well written. Their attorney failed to make the connection between wind turbines and health and safety.
The research done in Union was recently backed up by the Minnesota Dept. of Health. It looks like the white paper that was published in May has helped put the brakes on a large project in Wisconsin. The PSC has delayed the project while they look deeper into the health and safety issues caused by siting industrial wind turbines too close to homes.
It’s unfortunate that the Gazette took the first statement that hit the wire made by a wind developer’s attorney and ran with it. The Gazette and its reporters have consistently taken the side of the wind developers and this is another perfect example of their poor research. There appears to be some mysterious connection between the Gazette and a wind developer that is working Rock Co. What could that be??????
Aug 2, 2009 at 4:26 p.m.
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I goes to show what money can buy.
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