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Read the Adams County Wind Ordinance,
revised as of August 10, 2010
The above file is a text copy of the
ordinance; you may request a formatted copy from the Adams County Clerk at
the courthouse, or call to request a copy by email. Phone
217-277-2150.
If you have questions or
opinions about it, here is the contact information for your County Board
Members:
County Board
members, addresses, & phone numbers
Meanwhile, some of the key provisions in it
include the following:
1. The county is divided into
"participants" and "non-participants." Participants are landowners who
have signed a binding contract with the wind developer to host a wind
turbine on their property. Non-participants include everyone else.
2. "Setbacks" are defined as the
distance from the foundation of an occupied home (not the property
line) to the center of a wind turbine tower. Buildings such as
detached garages, sheds, and barns do not count in the setbacks.
3. The setback requirement for wind
turbines from the foundation of a non-participant's home is 1320 feet.
The setback requirement for participants is only 1.10 times the height of
the wind turbine (for example, the center of a 400 foot tower could be
located only 440 feet from the foundation of a participant's home. This
could place the spinning blades about 320 feet from a participant's roof.)
4. There are no regulations or setbacks
governing the placement of electrical sub-stations (which can also be huge),
roads, buildings, weather towers, or any of the other elements that make up
a wind farm--the setbacks only apply to the wind turbines themselves.
5. Wind turbine towers must be setback
1.10 times their height from roads, power lines, and 1.5 times their height
from non-participant neighboring property lines (as long as they are also at
least 1320 feet from your home's foundation). So if you own a large
piece of land, the wind turbines can be crowded close to your property line
everywhere except near your existing house. If you want to build
another house elsewhere on your property in the future, it is a good idea to
get it done in the next few months before a permit is issued to put turbines
close to where you might be hoping to build a house or sell ground for a
subdivision.
6. Wind Developers are now required to
submit a shadow flicker study, showing how much shadow flicker they will be
subjecting non-participants to endure. The Board decided to allow such
an annoyance for up to 20 hours per year per home; any shadow flicker over
that cumulative total (if you keep track) would give you the right to
complain; if the company does not figure out a way to make you happy again,
you can go to an arbitrator, but at the end of the arbitration process, the
company does not have to do what the arbitrator says would be fair.
Your last option is to sue a multinational corporation to seek justice, or
just put up with however much shadow flicker they give you.
7. Wind turbines are allowed to raise
the noise levels at the homes of non-participants up to the limit of the
Illinois Pollution Control Board standards. However, those standards
only speak to audible noise; most of the complaints related to wind turbines
have to do with the low frequency vibrations felt in the body, and that
penetrate the walls of homes. A recent article in a national magazine
for professional audiologists (hearing doctors) discusses the effects on
hearing and health of such constant exposure to low frequency noise, and
there are many other articles and studies about this issue. Again, you
can complain to the arbitrator if you find you cannot live with the amount
of noise the company gives you.
8. The appendix of the Adams County
Wind Ordinance gives an applicant an example of the kind of "offer" Adams
County hopes they will make so that if/when the tax laws change, the wind
development will continue to generate revenue for the county. The
appendix is only an example, and not one of the rules an applying company
must live by.
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