Woodbury County ordinance increase turbine setbacks
County Board of Supervisors|May 23, 2023
The Woodbury County, Iowa Board of Supervisors adopted increased setback distances between utility-scale wind turbines and city limits and between utility-scale wind turbines and public conservation areas. The distances are now 2-miles to city limits and 1-mile to conservation areas. Information pertaining to the change in the ordinance is provided below and can be downloaded from the document links on this page.
The Woodbury County, Iowa Board of Supervisors adopted increased setback distances between utility-scale wind turbines and city limits and between utility-scale wind turbines and public conservation areas. The distances are now 2-miles to city limits and 1-mile to conservation areas. Information pertaining to the change in the ordinance is provided below and can be downloaded from the document links on this page.
Executive Summary
SUMMARY OF PROPOSED REVISIONS TO WOODBURY COUNTY ORDINANCE #56: AMENDMENTS TO MODIFY SECTION 6.1.A: WIND TURBINES SET BACK REQUIREMENTS TO INCREASE CERTAIN SETBACK REQUIREMENTS TO THE ORDINANCE REGULATING COMMERCIAL WIND ENERGY CONVERSION SYSTEMS IN UNINCORPORATED WOODBURY COUNTY.
Background
Woodbury County Ordinance #56: An Ordinance Regulating Commercial Wind Energy Conversion Systems in Unincorporated Woodbury County is a stand-alone ordinance that includes guidelines for the development of large-scale Commercial Wind Energy Conversion Systems (C-WECS) by regulating and requiring a C-WECS Special Use Permit for the siting, design, construction, operation, and decommissioning of these wind energy conversion systems (WECS). This proposal is to amend Ordinance #56 to increase the City Limit Setback to 2-miles and the Public Conservation Area to 2,640 FT or 4.5x tower height setback (whichever is greater) from Conservation Areas.
The incorporated areas within Woodbury County have a compelling interest in the land use activities that occur within 2-miles of their respective jurisdictions. Each community has their own plans for expansion and development as well as their own policies on how they expect their growth to trend. Both Iowa Code 354.9 and 414.23 acknowledge the incorporated areas authority for land use in this 2-mile zone. Under the extraterritorial review parameters contained within Iowa Code 354.9 and acknowledged in the Woodbury County Subdivision Ordinance, Section 1.03.2, “the county shall acknowledge the concurrent review and approval processes by municipalities of subdivisions located within the extraterritorial review jurisdictions of municipalities. The municipal exterritorial jurisdiction area is either the area within two miles of the corporate boundaries of the nearest city or an area described
in a specific agreement pursuant to Chapter 28E of the Iowa Code.”
In terms of public conservation areas, the Woodbury County Conservation Board “is a regional agency tasked with providing high quality and valuable education, recreation, enhancement and preservation of natural resources through professional and courteous service for the betterment of current and future generations.” The Board owns and operates “four large developed parks, over 5,000 acres of undeveloped wildlife areas, several day use areas and river accesses.” Hence, the Board also has a compelling interest in protecting and preserving public conservation areas for future generations. At the April 13, 2023 meeting of the board, the members approved a motion by a 5-0 vote “to approve support of the Board of Supervisors ordinance change of setback limits for wind turbines near conservation areas of ½ mile or 4 ½ times the tower height” (Woodbury County Conservation Board Draft
Minutes, 4/13/23). Subsequently, the Woodbury County Conservation Board at their May 11, 2023 meeting revised their recommendation for the Turbine Set Back Requirement to be 1 mile from public conservation areas. This proposed setback has been updated in the draft proposal.
