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Supervisors add shadow-flicker, noise and complaint requirements to wind permit draft
Summary
The draft ordinance sets a 30-hour/year shadow-flicker cap for nonparticipating occupied dwellings and proposes a 50 dBA noise limit with a prescribed permitting and complaint-resolution process; board asked staff to clarify burden-of-proof and enforcement steps.
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County staff proposed specific operational standards and remedies to address nuisance and health concerns for residents near proposed wind facilities.
The draft includes a limit that "no occupied dwelling on a nonparticipating property shall experience more than 30 hours per year of shadow flicker" on the exterior wall nearest a turbine. Staff also proposed a 50 dBA noise limit at occupied dwellings and civic buildings on nonparticipating properties, with an explicit caveat that the limit would not apply during severe storms or temporary electrical disturbances.
On enforcement, staff described Article 9 additions to establish a complaint intake and record-keeping process, an administrator review of alleged violations, and a required operator response and mitigation plan if a violation is substantiated. Supervisors asked staff to clarify who is responsible for conducting tests (noise and shadow-flicker) and how the burden of proof would be allocated; staff said permitting will require pre-construction studies, and the administrator will keep records and notify the operator if a violation is found.
The board agreed to circulate model complaint-resolution language (from other counties) to refine enforcement and testing responsibilities before adopting final ordinance language.
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