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South Dakota

South Dakota

Incentives/Policies for Renewables & Efficiency

Printable Version
Model Ordinance for Siting of Wind-Energy Systems   

Last DSIRE Review: 12/04/2012
Program Overview:
State: South Dakota
Incentive Type: Solar/Wind Permitting Standards
Eligible Renewable/Other Technologies: Wind
Applicable Sectors: Residential, Nonprofit, Schools, Local Government, State Government, Fed. Government, Agricultural, Institutional
Web Site: http://puc.sd.gov/twg/default.aspx
Authority 1:
Date Enacted:
Date Effective:
S.D. Codified Laws ยง 43-13-21, et seq.
2009
2009
Summary:

In 2009, the South Dakota Public Utilities Commission (PUC) created a model ordinance for siting wind-energy systems. This nine-page model, developed in cooperation with multiple stakeholders, is designed for use by local governments. It includes separate provisions for small wind turbines (defined as those less than 75 feet high and used primarily for on-site electricity consumption) and for larger wind-energy systems.

With respect to small wind turbines, the model ordinance addresses setbacks, access, lighting, noise, appearance, code compliance, utility notification, abandonment, and the permitting process. For larger wind-energy systems, the model ordinance addresses mitigation measures, setbacks, electromagnetic interference, lighting, spacing, footprint minimalization, the placement of lines and cables, height, tower color and design, noise, permitting, decommissioning, and pre-construction filing.

The model ordinance specifies that all wind-energy systems must meet or exceed Federal Aviation Administration (FAA) regulations and South Dakota statutory requirements, as well as the requirements of any other state or federal agency authorized to regulate wind-energy facilities.

South Dakota has also established a law that applies to "small wind energy systems," defined as small systems of one or more wind turbines less than 75 feet in height. For these systems, each turbine tower must be set back at least 1.1 times the height of the tower from any surrounding property line. However, if the owner of the tower obtains a written agreement from an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner.


 
Contact:
  Brian Rounds
S.D. Public Utilities Commission
Capitol Building, 1st Floor
500 East Capitol Avenue
Pierre, SD 57501
Phone: (605) 773-3201
E-Mail: brian.rounds@state.sd.us
Web Site: http://puc.sd.gov
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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.

While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.

Copyright 2013 - 2014 North Carolina State University, under NREL Subcontract No. XEU-0-99515-01. Permission granted only for personal or educational use, or for use by or on behalf of the U.S. government. North Carolina State University prohibits the unauthorized display, reproduction, sale, and/or distribution of all or portions of the content of the Database of State Incentives for Renewables and Efficiency (DSIRE) without prior, written consent.