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Dunn County holds first reading of updated wind energy ordinance with expanded setbacks, bonding and decommissioning rules
Summary
At a meeting, county staff presented the first reading of a revised wind energy ordinance that raises notice and setback requirements, limits turbine height to 500 feet, requires bonds of at least $1,000,000 per turbine, and mandates decommissioning and reclamation plans; the board approved the first reading by roll call.
County staff presented the first reading of an updated wind energy ordinance that tightens setback, notice, bonding and decommissioning rules for utility-scale turbines in Dunn County. Staff described detailed changes and the board approved the ordinance on first reading by roll call.
Sandy, a county staff member who introduced the ordinance, said the update adds definitions such as "habitable premises," requires certified mailed notice to property owners within five miles of a proposed facility, and extends Planning and Zoning review timelines to 90 days. "Habitable premises refers to the legal standard requiring a residential dwelling to be safe, sanitary, and fit for human occupation," Sandy said.
Key changes described by staff include: certified-mail notice to owners within five miles of a proposed wind facility (applicants bear the mailing cost); a minimum setback of 1 mile from participating residences (or 1.1 times turbine height if the owner agrees); a minimum setback of 2 miles from nonparticipating residents (with limited variance procedures); specific highway setbacks for named state highways; a 500-foot maximum turbine height; and a 2.5-mile exclusion zone from Doppler radar and certain broadcast antennas to avoid electromagnetic interference. The ordinance also specifies setbacks of at least 1.5 miles (2,640 feet) from certain public recreation areas and requires that turbines be at least 2 miles from extraterritorial city jurisdictions and many platted residential developments unless they have shown no development activity for five years.
The ordinance increases installer responsibilities for road use, including a load-pass system for heavy loads, requirement of a dust-control plan approved by the county road superintendent, repair sign‑off by the superintendent after road repairs, and weed-control measures enforced by the Dunn County Weed Board. Staff said applicants must provide and apply weed-control chemicals at their cost for the life of the project and that fines may be levied for noncompliance.
Bonding and decommissioning provisions were emphasized. The draft sets a minimum bond of $1,000,000 per turbine to cover decommissioning and reclamation, adjusted biannually for inflation; bonds remain with the site if property transfers occur. Decommissioning must begin within 180 days after lease termination or abandonment, and applicants must submit a reclamation plan for county approval that includes removing structures to 4 feet below preconstruction grade and restoring topography and vegetation approved by the NRCS Soil Conservation District and affected landowners.
Public commenter Deneen Dressler praised the Planning and Zoning Board's work on the ordinance and said it balanced protections for existing residents with orderly planning. "I think what you did is creating responsible and orderly planning, more cohesiveness between neighbors," Dressler said.
Commissioner Heizer moved to approve the ordinance on first reading; the motion was seconded. A roll call vote was taken and the chair announced the motion carried. The ordinance will return for a second reading at the board's first meeting in August, after a notice is placed in the Dickinson Press and a 30-day appeal window. If no appeal is filed, the ordinance would take effect after the appeal period.
