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Freedom Maine: Wind Ordinance

The Town of Freedom in Maine adopted this Wind Energy Ordinance requiring setbacks of 13 times the turbine height for three larger classes of windmills, which can represent a distance up to 1-mile. The ordinance limits nighttime noise emissions to 35 dB(A) and shadow flicker to no more than 10-hours per year on properties that are not participating with the the wind project. Portions of the ordinance are provided below. The full ordinance can be accessed by clicking the links on this page.

9.1 Wind Turbine Classifications:

Type 1 –Small Wind Turbine means a wind turbine with a nameplate capacity less than 10 kW, and a turbine height less than 150 feet.

Type 2 –Intermediate Wind Turbine means a wind turbine with a nameplate capacity between 10 kW and 100 kW, and a turbine height less than 150‟.

Type 3 –Large Wind Turbine means up to three wind turbines with a nameplate capacity less than 1 MW, and a turbine height less than 300‟, regardless of whether approval is required by the Department of Environmental Protection under 35-A M.R.S.A. §3451, et seq. (Expedited Permitting of Grid Scale Wind Energy) or Title 38 M.R.S.A § 481, et seq. (Site Location of Development Act).

Type 4 – Industrial Wind Turbine means one or more wind turbines with a Nameplate capacity of greater than or equal to 1 MW, and/or a turbine height greater than 300‟, regardless of whether approval is required by the Department of Environmental Protection under 35-A M.R.S.A. §3451, et seq. (Expedited Permitting of Grid-Scale Wind Energy) or Title 38 M.R.S.A § 481, et seq. (Site Location of Development Act).


13.1.2 Setback standards for Type 2, 3, and 4 wind turbines:

a. Non-participating Landowner Property Lines – Type 2, 3 and 4 Wind Turbines To protect the health, safety and welfare of the citizens of Freedom, Turbines shall be set back from the property line of any non-participating land owner a distance of no less than 13 times the turbine height. Nonparticipating property owners may waive this setback with a written Mitigation Waiver (see Section 13.4 - Mitigation Waiver), but in no event shall any WindTurbine be located at a distance from an Occupied Building that is less than the height of the Turbine.

b. Public Roads - Type 2, 3 and 4 Wind Turbines will be set back from any public road, from the edge of the right of way, a distance no less than 4 times the turbine height. 

13.2.2 Noise Standards for Type 3 and 4 wind turbines:

a. Audible noise levels (dBA) due to wind turbine operation shall not exceed either of the following two conditions:

1. The pre-construction ambient noise level by more than 5dBA as measured at any property line. Pre-construction ambient noise studies shall be conducted, by the applicant, for all properties located within 2 times the setback of proposed wind turbine site. 

2. The audible noise levels will not exceed 40 dBA during the day or 35 dBA during the night.

b. Low frequency noise levels (dBC) due to wind turbine operation as measured inside an occupied building or at any property line will not exceed: 

1. 20 decibels (measured as dBC) above the pre-construction ambient noise level (measured as dBA). Pre-construction ambient noise studies  shall be conducted, by the applicant, for all properties located within 2 times the setback of proposed wind turbine site. 

2. 50 dBC.

13.3.1 Wind Turbines shall be designed and sited so that shadow flicker and/or blade reflection will not fall on a shadow flicker receptor as defined in Section 8. The flicker or reflection shall not exceed 10 hours per year for any given receptor.

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Freedom Maine Wind Ordinance2015

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Source: http://www.freedomme.org/Or...

NOV 26 2015
http://www.windaction.org/posts/43867-freedom-maine-wind-ordinance
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