Hamilton County Nebraska adopts restrictive wind ordinance
March 3, 2020
Hamilton County Commissioners adopted a resolution that increased setback distances to wind turbines to two (2) miles when measured at the property line of non-participating landowners and limited audible sound (dB) to 40 dB (not to exceed) at the nearest non-participating property line from the hours of 8:00am to 8:00pm and 37 dB at the nearest non-participating property line during the hours of 8:00pm to 8:00am. The minutes to the meeting where the amendments were approved and the zoning ordinance can be downloaded from this page. A portion of the ordinance is provided below.
Hamilton County Commissioners adopted a resolution that increased setback distances to wind turbines to two (2) miles when measured at the property line of non-participating landowners and limited audible sound (dB) to 40 dB (not to exceed) at the nearest non-participating property line from the hours of 8:00am to 8:00pm and 37 dB at the nearest non-participating property line during the hours of 8:00pm to 8:00am. The minutes to the meeting where the amendments were approved and the zoning ordinance can be downloaded from this page. A portion of the ordinance is provided below.
8.08.07 Special Safety and Design Standards and Additional Requirements
8.08.06 Setbacks
All towers shall adhere to the setbacks as measured from the hub established in the following table:
(click image to enlarge)
* The setback for dwelling units shall be reciprocal in that no dwelling unit shall be constructed within the same distance required for a commercial/utility Wind Energy Conversion System.
** The setback shall be measured from any future Rights-of-Way if a planned change or expanded right-of-way is known.
Note: Any separation distances, except for R.O.W.’s, may be lessened with an Impact Easement agreed to by all parties.
8.08.07 Special Safety and Design Standards and Additional Requirements
11. Noise - Audible sound (dB) thresholds: 40 dB at the nearest non-participating property line from the hours of 8:00am to 8:00pm. 37 dB at the nearest non-participating property line during the hours of 8:00pm to 8:00am. Testing for compliance shall be completed by an independent entity approved by the Hamilton County Board of Commissioners. The cost of this testing shall be paid for by the owner of the WECS. If not in compliance with the above listed dB levels, an immediate shutdown of the WECS shall be required until it can come into compliance. Such testing shall happen every 2 years. Results of testing shall be presented to the County Board at a regular board meeting.
