County OK’s town’s wind, solar ordinance

By Kevin O’Brien

For the first time last week, Marathon County officially endorsed a township ordinance regarding wind and solar operations – but only after the language was softened to comply with state law.

The town of Ringle had first sought approval of a more restrictive ordinance back in February, but the county’s corporation counsel and Conservation, Planning and Zoning determined that it would have granted the township regulatory authority it does not have under state statute.

After town officials worked with county attorney Michael Puerner and CPZ staff, a revised proposal was brought back to the Environmental Resources Committee, which voted unanimously to recommend approval at its April 1 meeting.

Shad Harvey, land resources manager for CPZ, said the ordinance was changed so that its permitting requirements were replaced with recommendations in order to comply with state regulation PSC 128, which was established by the Public Service Commission.

This did not sit well with supervisor Tim Sondelski, who initially said he said he would vote against the revised ordinance

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while speaking at the board’s April 17 educational meeting.

“I am not in support of the edits that were proposed for this ordinance in Ringle,” he said. “The PSC’s regulations are outdated. These regulations were written when the turbines were only at a maximum height of about 300 feet. Current turbines being installed are in a range of 600 to 900 feet.”

Sondelski said he supports efforts by towns to protect the health and safety of residents who don’t want to live next to large structures producing infrasound and shadow flicker.

“Imagine having a 700-foot turbine installed only 1,250 feet from your house,” he said, referring to the minimum setback in PSC 128.

Supervisor Jacob Langenhahn, chair of the ERC, said the county’s legal counsel, Michael Puerner, had concerns about Ringle’s original ordinance because it included regulations for operations generating 100 kilowatts or more, which are the purview of the state.

“We might not like what’s in PSC 128, but it is the law to follow it,’ he said.

Langenhahn said the county worked with town officials to ensure their ordinance was enforceable and the end result was something the town wanted. He said the board should not use Ringle’s ordinance “to litigate the larger issue” of wind and solar regulations.

Supervisor Chris Dickinson said he appreciated both Langenhahn and Sondelski’s comments, but he thinks the board needs to take a stand on the issue on behalf of citizens.

“We really need to consider, as a county, what on earth we are doing when it comes to large wind and solar industrial complexes in our county,” he said.

Supervisor Gayle Marshall also questioned whether allowing large-scale wind and solar operations would undermine the county’s Farmland Preservation ordinance, which provides tax credits for landowners who keep their properties in cropland.

Langenhahn said he doesn’t have an answer for that question, but he thinks the board should respect Ringle’s efforts to pass an ordinance that addresses the issue on its own.

“I caution this board from litigating a larger issue,” he said. “We’re not here to debate whether or not it is good to have wind and solar in this county. That is a separate discussion that we have had in the past and I’m sure we’re going to have again.”

When it came time to vote on Ringle’s revised ordinance at last week’s meeting, all but one supervisor, Brandon Jensen, voted in favor of passage. The 32-1 vote means Ringle will be able to enforce its ordinance going forward.

Sondelski said he decided to support the revised ordinance, even if he thinks that replacing the requirements with recommendations leaves the town more “vulnerable.”

“I guess this is the will of the town of Ringle,” he said. “I haven’t had any feedback that they weren’t in favor of this, so that being said, I’m going to support it now.”

The debate continues

At a meeting of the Western Towns Association on April 23, county administrator Lance Leonhard was confronted with questions about his and the county’s position on wind and solar operations in the western part of the county.

Leonhard said the county’s ability to regulate wind and solar operations over 100kW is “very limited” by the state, which has ultimate authority over energy systems above that threshold.

“My position with respect to those things really doesn’t matter,” he said. “Whatever the county board puts in place in terms of a policy, my job is to carry it out. My only limit on whether I do that is if it’s illegal.”

Still, Leonhard said the PSC “needs to update their regulations,” as they are past the time when the agency said it would do that. In the meantime, he said the Wisconsin Towns Association has put out a number of documents providing legal guidance on the topic.

Gerry Fitzgerald, the town clerk for the town of Emmet, said the changes really need to be done in Madison by the legislature.

“So, we have to lobby and lobby and lobby our representatives,” he said.

Trine Spindler, a wind and solar opponent who was recently elected to the town board in the town of Day, said towns and the county are, in fact, allowed to “protect the health and safety” of local residents under the existing state statute.

“So, I’m just wondering why you’re putting that responsibility on our small townships instead of stepping up and helping us out?” she asked, noting that it will take years to get anything done in Madison, and by then it will be “too late” for townships trying to fend off large wind and solar operations.

In response, Leonhard said he’s not saying the county can’t do anything, but he reiterated that its power is limited to helping enforce existing zoning laws.

“I know that it’s a significant issue,” he said. “It’ll be debated by the county board as part of the update to the comprehensive plan.”

To provide input on the comprehensive plan update, residents are invited to go to marathoncounty.gov/compplan and fill out the comment form. The website also lists opportunities for people to offer feedback at committee meetings.

Later in the discussion, Spindler pointed out that neighboring Clark County has had a countywide wind and solar ordinance in place for the past two years and is now considering an ordinance dealing with battery storage.

Board chairman Kurt Gibbs noted that the county board has adopted a resolution calling for more local control over wind and solar operations, but as “an arm of the state,” he said the county must abide by existing statutes and regulations.

Jackie Beyer, director of the WTA’s District 4, urged township officials to attend the WTA’s Capitol Day (today), which gives them the opportunity to talk directly to state lawmakers about issues such as winter and solar regulation.