N.S. wind turbine setback regulations a government overreach, citizens group says 

A Nova Scotia citizens group is sounding the alarm on what it calls the provincial government’s overreach into municipal responsibilities.

“On one level, they (provincial government) want the municipalities to do things but then if municipalities put a lot of time and energy into it, and look to their community and decide what is best for the community, if the province doesn’t like it, they can just override it,” said Madeline Conacher of Green Nova Scotia First.

“It’s extremely frustrating for the municipalities,” said Conacher, representing the citizens group from eight mainland Nova Scotia counties that is concerned that the provincial and federal governments are prioritizing the use of wind energy for hydrogen and ammonia exports over the decarbonization of the local energy grid.

Green Nova Scotia First sent off a news release Wednesday, citing a March letter from provincial Municipal Affairs Minister John Lohr to the mayors and wardens of Nova Scotia’s 49 municipalities advising of the establishment of a province-wide minimum setback distance for industrial wind turbines from residences.

Under the amended regulations, the setback distance for wind turbines must be at least four times the turbine height, unless a greater distance is required to ensure that sound levels do not exceed 40 decibels at the exterior of a dwelling.

That provincial edict would effectively reduce, for example, the minimum two-kilometre setback distance regulated by the Colchester County land-use bylaw to a new 800-metre minimum setback for the construction of towering 200-metre turbines at two proposed projects near Debert.

Coun. Marie Benoit, the Colchester municipal councillor for the Debert and East Folly Mountain area, said council and community did a lot of work to come up with the bylaw.

“There were a lot of conversations back and forth with residents because residents were not happy with the amount of wind turbines and many other issues about the turbines,” Benoit said of the initial Everwind Fuels plan to build as many as 69 turbines in two adjacent wind power projects north of Debert by 2026.

“After we had done everything, spoke to all our residents and got community input, they (province) came out with that last-minute, and that got changed,” Benoit said. “There was nothing we could do about it so I wasn’t very happy with it all. I wasn’t in support of it.”

Benoit said the province did not seek the municipality’s input, did not provide reasons for the change and did nothing to assuage the worries of residents about how close the massive turbines can be built to their homes.

Benoit said Colchester Mayor Christine Blair was expected to send a letter to the provincial government. Blair could not be reached for comment Wednesday.

Asked about the changes Wednesday, Premier Tim Houston said the new regulations came about from “looking at the science, looking at what’s necessary, what’s possible.”

Houston said there were varying regulations across the province and “we just wanted to bring some standard to it.”

“This actually speaks to the whole discussion about natural resource development in this province,” he said. “We have incredible natural resource potential and there’s science out there, there’s knowledge out there, where the province can help with that or use that, we should do that. Having discussions about what is possible, how we grow the (wind energy) industry, grow our economy in a safe and sustainable way, that discussion is way past what a setback should be.”

The premier said the message to municipalities that spent considerable time and energy crafting a land-use bylaw to regulate wind turbine locations and to the community members who provided input to that discussion is that the government “is here to help, to use the information that we have to help you with some of the decisions that need to be made.”

Opposition and NDP Leader Claudia Chender said in a statement that wind power in Nova Scotia is an important and growing energy resource that will help to green the grid and lower power bills for everyday people.

“Building out this infrastructure has to be done in partnership with communities and municipalities,” Chender said. “Too often, this government either offloads its responsibilities to municipalities as it did when it abandoned the Coastal Protection Act or usurps their authority as with the special planning areas.

“Municipalities are important voices that deserve to be at the table.”

Conacher said the provincial government’s “heavy-handed approach” overrode years of work and significant time and resources expended by a number of municipalities and their constituents to develop appropriate safeguards against the risks of industrial wind turbines. “We find it unconscionable that the province has ignored the decisions made by duly elected councils and have not considered impacts on residents,” the Green Nova Scotia First release said.

“Municipal councils are elected to represent their constituents and community interest, not to act as cheerleaders for the agenda of the provincial government of the day. Minister Lohr’s approach disrespects the authority and responsibilities of municipal councillors.”

Conacher said the provincial overreach is one of two issues related to turbines and turbine regulations.

“The wind turbine setbacks are under the municipal bylaws,” she said.

The other issue is that wind turbine projects are a good thing if they will help wean Nova Scotia Power and its ratepayers off coal dependency, Conacher said.

“The sad thing is that (turbines) are not being used for Nova Scotia, they are being used for hydrogen-ammonia export, which isn’t even green,” she said. “An engineer in our group has shown that the way they produce the hydrogen produces high levels of carbon dioxide. They can’t even call it green hydrogen ammonia.”