December 2006
To:
Local Officials in Vermont Municipalities
From: Public Administration 306 Project Team
University of Vermont
The accompanying guide, Commercial Wind Development in Vermont: A Primer for
Local Officials and Citizens, is designed to provide you and your community with the resources
needed to manage commercial wind development within your town. It contains background
information about wind energy, information pertaining to technical, environmental, and aesthetic
issues, information on how to address commercial wind in your planning documents, and links to
other resources. Wind energy is a very large, very complex, and very timely issue in the state of
Vermont. High energy prices, the continued uncertainty about the future availability of current
sources of electricity, and the unlimited supply of wind in parts of the state make wind energy an
attractive alternative compared to other sources of electricity.
Development of wind energy in Vermont is proceeding in a piecemeal and a disorderly
manner. While this is not an issue that will affect all towns equally, it is an issue that all towns
should address. Most towns do not specifically address wind energy; rather, they have broad
statements of support for renewable energy in the energy section of their town plans. Even if
commercial wind does not seem like a viable option in your town, it is still prudent to address the
issue in your town plan, even if only to reaffirm that impracticality.
Given that towns cannot outlaw public utilities such as wind turbines, a town plan
become the primary document through which to express your community’s position on
commercial wind energy. A town plan “provides an opportunity for citizens to define a future
vision for their community.”1 Articulating that vision for the future takes several forms. It
establishes and defends community values through statements about “goals, objectives, and
programs” and it “establishes a process for orderly growth and development” that strikes a
balance “between natural and built environments.”2 However, town plans go beyond statements
of goals; they have practical applications. These planning documents provide the foundation for
“Municipal Plan,” Vermont Conservation Education Fund, <http://www.peoplecanplan.org/pages/t3mp.html>.
“Chapter 2: The Municipal Plan,” UVM Center for Rural Studies,
<http://crs.uvm.edu/cpdp/dhca/chapter_two.pdf>.
1
2
zoning and subdivision regulations and community programs and policies, as well as become a
“standard for review” in state regulatory processes like Act 250 and Section 248.3 A town plan
can be used as a standard of review because it is a reflection of community values. Citizen
participation is “encouraged at all levels of the planning process” through mandated public
hearings and more informal methods like surveys, informational meetings, and workgroup
sessions.4 When a community comes together to express its vision, the town plan assumes a
level of authenticity and of credibility that otherwise might not exist. State regulatory processes
rely on town plans for this very reason – these planning documents are community-based
expressions of a collective vision for the future.
In the Section 248 process regulating the construction of public utilities, town plans are
given all due consideration by the Public Service Board. When the Public Service Board makes
a determination about whether or not to issue a Certificate of Public Good for the construction of
a net metered wind energy project, they look to town planning documents for an indication of
how the town would view such a project. Regardless of whether a community supports or
opposes commercial wind energy, those feelings should be addressed in your town plan. Not
addressing commercial wind energy or incorporating height restrictions or the protection of
ridgelines and scenic vistas into a town plan could be viewed as tacit approval for such
commercial wind projects. A simple statement about supporting renewable sources of energy
could similarly be viewed as acceptance of commercial wind turbines if not further qualified.
The level of opposition to wind will dictate how unequivocal the language of the town plan
should be. Thus, having a town plan that clearly articulates the values and the beliefs of a
community regarding the construction of commercial wind turbines is essential. While the
Public Service Board does not always accede to those expressed values, it does provide some
insight into a community’s stance on the issue.
In every ruling of the Public Service Board, town plans are cited as part of the rationale
for either issuing or denying a Certificate of Public Good. The following two examples
demonstrate the importance of outlining a town’s vision for wind energy in its town plan. In
2000, a Middlebury resident applied for a Certificate of Public Good to install a 100 foot, three
blade wind turbine on his property that would be connected to the electric grid. In its written
“Chapter 2: The Municipal Plan,” UVM Center for Rural Studies,
<http://crs.uvm.edu/cpdp/dhca/chapter_two.pdf>.
4
Ibid.
3
decision, the Public Service Board specifically sought to determine whether the project would
“violate a clear, written community standard intended to preserve the aesthetics or scenic beauty
of the area.”5 To establish if the project would violate that community standard, the Public
Service Board examined both the Middlebury Town Plan and the town’s zoning ordinances. It
noted that the Middlebury Town Plan included “several statements about preservation of the
town's character and protection of scenic beauty” and that the appropriate uses for land in a
Forest/Conservation District did not include wind turbines.6 Thus, in concluding that the project
would have an “undue adverse effect” and that the application for a Certificate of Public Good
should be denied, the Public Service Board believed that the project “violate[d] the written
community standard regarding aesthetics outlined in Middlebury's Town Plan and Zoning
Ordinance.”7
In a similar case, a Charlotte resident applied for a Certificate of Public Good to install a
98 foot, three blade wind turbine on his property. Again, the Public Service Board examined the
Charlotte Town Plan for guidance when making its ruling. While the town plan did “not
specifically address wind turbines,” it found the town plan did contain “several statements about
preservation of the town's rural character and protection of scenic views and vistas.”8 The town
plan identified nineteen specific “scenic views, vistas, and roads” that the town considered
significant and outlined future plans to preserve those scenic areas.9 Thus, while not specifically
addressing wind turbines, the Public Service Board still determined that the Town Plan
“represent[ed] a clear written community standard regarding aesthetic and scenic and natural
beauty.”10 However, in this instance, the Public Service Board concluded that the project “[was]
not inconsistent with the relevant sections of the Plan” and subsequently approved the project.11
This guide, Commercial Wind Development in Vermont: A Primer for Local Officials and
Citizens, represents a capacity-building tool. While building the decision making capacity of
local officials is the primary goal, as a result of that increased capacity, it also achieves several
“In Re: Petition of Tom Halnon,” State of Vermont Public Service Board decision, 15 March 2001.
<http://www.state.vt.us/psb/orders/2001/files/cpgnm25_final_order.pdf>.
6
Ibid.
7
Ibid.
8
“In Re: Petition of Richard Pollack,” State of Vermont Public Service Board decision, 20 Dec. 2001,
<http://www.state.vt.us/psb/orders/2001/files/NM52_pfd.pdf>.
9
Ibid.
10
Ibid.
11
Ibid.
5
other goals. The guide provides those who read it with a foundational base of information
relating to commercial wind energy. In turn, having that information equips town select boards
and regional planners to participate adequately in the wind energy debate. It guides local
officials through the regulatory process and shows them how they can work within that
framework to make their opinions known. It demonstrates specific ways in which towns can
modify their plans to express their views about commercial wind energy, and in so doing, it
empowers towns to be proactive about addressing commercial wind energy and articulating their
communities’ feelings about commercial wind before a project is proposed.
Providing the necessary informational resources that enable communities to modify their
town plans has additional benefits as well. This guide has the potential to advance the state’s
goal of promoting and of utilizing renewable sources of energy. The state does not have a
comprehensive plan for implementing renewable sources of energy; rather, it has allowed
piecemeal development to proceed. Six commercial wind farm projects or expansions have
already been proposed, but none have been built, in part because of local opposition to the
planned developments. Modifying town plans for commercial wind energy will also benefit
developers. Ambiguous goals about supporting renewable energy may be misleading,
representing a normative condition, rather than an actual statement of support for specific
projects. Examining town plans for specific types of language or provisions that address
commercial wind energy can give developers of wind projects a better sense of where to invest
their time and money. Specific plans allow developers to concentrate more of their resources on
towns that welcome wind energy and to bypass towns that will oppose projects. Selectively
choosing the towns in which to site wind turbines will quicken the process of incorporating
alternative sources of energy into the state’s electricity portfolio. Reducing the divisiveness of
the process will allow commercial wind farms to be built, thereby taking a step closer to the
state’s stated desire for renewable energy to be utilized.
Hopefully this guide will be of use to you as you consider your community’s position on
commercial wind energy and work to modify your town plan to reflect that very important
collective vision.
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