New Hampshire forces wind on local communities

The State of New Hampshire, long recognized for respecting local governance, stepped over the bounds last month when the Governor signed into law HB 310, a statute oddly described as “allowing municipalities to regulate small wind energy systems”. In fact, the law is designed to deliberately remove authority from municipalities by establishing prohibitions on what a community can and cannot regulate.

HB 310 asserts that any “ordinances or regulations adopted by municipalities to regulate the installation and operation of small wind energy systems shall not unreasonably limit such installations or unreasonably hinder the performance of such installations”. The statute defines unreasonable limits as those including:

1) restricting tower heights through a generic ordinance that does not specifically address small wind energy systems.

2) establishing turbine setbacks from property lines larger than 1.5x the system height (tower plus blade).

3) defining noise level limits lower than 55 decibels, as measured at the property line, or not allowing for limit overages during utility outages and severe wind storms.

In an apparent attempt to show its “green” credentials, the State of New Hampshire demonstrated surprising ignorance of the facts and arrogance in its authority. Had the bill’s sponsors bothered to look, they would have found a large body of stories nationwide detailing cases where other States wrestled with small wind systems. 

Consider these four recent news reports: 

Coming soon to a neighbor near you, a 200-foot wind tower? 
 
Wind turbines found to cause sickness
 
Neighbor's windmill lowers property value, civil board rules 
 
Trees Block Solar Panels, and a Feud Ends in Court 

The last article tells the story of a California man who sued his neighbors because their redwoods cast shadows on his solar panels. The court found in favor of the plaintiff and ordered the trees cut. Similar wording in HB 310 could easily create similar unfortunate circumstances.
 
Windaction.org has no issue with small wind systems if properly regulated and the health, safety, and welfare of surrounding property owners protected. As written, the State failed to comprehend the implications of HB 310 at the peril of New Hampshire residents. But worse, the State’s actions portend comparable reckless efforts to force industrial-scale wind turbines on rural New Hampshire communities.