Message to the Dickinson County Planning and Zoning Board

As a local resident in rural Dickinson County for the majority of my life, and probably like many of you, have 5 (or more) generations that have lived here in this area. I am here on behalf to concerned citizens of Dickinson County. 

I am not against Green Energy.  As I have spoken to Dickinson County residents, the question is often… are you against wind energy?  We become polarized between those in favor and those that aren’t.  Participants and non-participants?  Farmers and non-farmers? Neighbor against neighbor. 

I respect local landowner’s rights to choose to sign a lease agreement with developers and be participants, and I equally respect those landowners who either were not approached by the developers or have chosen NOT to sign agreements and be non-participants.

The question is… what about those who had no choice?  These are our neighbors and friends who live in the unincorporated, rural areas.  The proposed project in Jackson, MN with 53 proposed turbines and the proposed projects in Dickinson Co from the MN border to the Clay Co border with 183 proposed turbines.  These wind turbine projects cover many miles, and they WILL affect many homeowners and landowners. 

We seek standards and ordinances that support both participants (those who made the choice to sign lease agreement with the wind developers) and non-participants’ rights to make decisions for their property, health, safety, and welfare.  

In conversations, I was told that the current Dickinson County ordinance was in the forefront when it became effective in 2009 and that many other counties used it as a guide to develop theirs.  I could see that with review of ordinances written after that time.

However, wind turbines have continued to be developed since 2009. The FAA has permitted current wind projects here in Dickinson County are for turbines 499’ and 591 ft which is a tremendous increase since 2009.  The FAA gave their determination for 698 ft turbine heights in Crawford and Carroll County.  Turbines of 800 ft are currently being installed in the US.  Research verifies that turbines in the US as of 2020 are now 20% taller than those installed 15 years ago and rotor diameters are 60% larger. It also shows that the sound power levels have steadily increased due to increased blade length and height.

Information to be aware of: 

  1. Crawford County ----FAA has completed determination of no hazard for wind turbine projects in both Crawford and Carroll Counties in Iowa for turbines with height of 698 ft.

  2. Madison County ----A wind developer made a comment to me that it’s because they didn’t want turbines and were protecting their county because of the Bridges of Madison County. While their ordinance is restrictive, you have to commend them for protecting their county’s unique characteristics.  And obviously this was supported by their Board of Supervisors and residents. 

  3. Note that Emmet County and Clay were effective in 2011 and have not revised their ordinances and are very similar to the Dickinson County ordinance developed around the same time. When I contacted Emmet County to obtain their ordinance, I was told that they ‘expected public concern due to a wind project’ and would probably be revising their ordinance.  We are here in an effort to be proactive and request the necessary changes to our county ordinance. 

Most ordinances address the setback distance from the turbines as the method to mitigate flicker/shadow, noise, and electro magnetic affects which are some of the documented health concerns. There are also liability and safety concerns regarding blade ice throw from turbines and throwing of blade fragments and full blades.  

Here are the suggested, proposed changes:

Section 1.b Developer’s report on shadow flicker. No more than 30 hrs per year or 30 minutes per day. 

Section 1.d.  Unredacted health & safety instructions manual. Provision to the county for access to fire safety and thunderstorm recommendations.

Section 2 - Public Notification – Increased avenues through which the public may be made aware of hearings.

Section 4 - Landowner Notification and Recording – Made clear, concrete standards for notifying adjoining landowners and recording of gathered leases.

Section 5. Setbacks: 

a. structures.  any school, hospital, church, or public library distance of 2640 ft or 4x turbine total height. Provides for future increased height of turbines.  

b. property lines.  With industry standards…..  a setback distance of 2640 ft or 4 x total turbine height whichever is greater from adjoining property, lot, or parcel lines.  This provides for future increased height of turbines. 

Kevon Martis, a consultant and certified zoning administrator from Michigan, assists counties in the development of equitable wind energy zoning. He uses a term called “Trespass Zoning” to identify when wind developers measure from the dwelling rather than the property line (which is typical of virtually all other land use regulations).  The wind developer is in essence asking the Zoning Board to grant them an easement or trespass privileges on unleased property.  The developer effects easements signed by the participating landowner which is only an easement when the developer purchases these rights. The current ordinance permits the zoning board into ‘donating the right’ to do these things to non-participating landowner’s property.  It is not an easement.

We believe that each landowner has the right to make choices regarding their property.  If they want to waive the ordinance standards for noise, shadow flicker or setback, all residents should have that right. This waiver option requires wind developers to negotiate with all residents bearing the direct impact of wind development instead of a select group.

6. Shadow Flicker Mitigation

No amount of shadow flicker may fall on non-participating landowner’s property. 

‘We were here first, we get to decide’.  Limits may be waived by non-participating property owners. 

  1. Noise Mitigation  not exceed 40 dBa daytime or exceed 35 dBa nighttime hours

         Limits may be waived by non-participating property owners

Section 9 – created clear, concrete standards for decommissioning abandoned turbines.

We, the undersigned, are concerned citizens who urge our leaders to amend Dickinson County Article #21 and modernize the wind turbine ordinance by adding provisions such as increased setbacks to the greater of 2640 ft or 4x the turbine total height, noise mitigation, flicker mitigation, electro magnetic interference mitigation, and other current regulations in the state of Iowa for the health, safety, and well-being of the people. 

If the Dickinson County 2009 ordinance is not modernized, data supports that negative effects WILL occur to numerous rural residents in our county. If these 591 foot turbines are erected with the current ordinance parameters, there WILL be negative impacts to the health and well-being of our neighbors, friends, and families. 

We seek standards and ordinances that support both participants and non-participants’ rights to make decisions for their property, health, safety, and welfare. 

As the Dickinson County Planning and Zoning Board, you have the AUTHORITY and RESPONSIBILITY as directed by the Iowa Code 335.5 to secure safety and to protect the health and welfare of the residents in our county.

Thank you for your commitment to our county and its residents!

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