Henry County to hold first reading of revised alternative energy ordinance 

After more than a year of debate and revisions, county supervisors will hold the first of three readings Thursday on a proposed ordinance that could set new rules for wind and solar development.

After three additional public hearings discussing changes to the Henry County Alternative Energy Overlay District in the county’s code of ordinances, the Board of Supervisors will hold the first of three readings for a new proposed Alternative Energy Overlay ordinance Thursday, May 8 at 9 a.m.

In response to RWE’s interest in placing wind turbines in Henry County, resident feedback about the project, and a lack of specific provisions concerning noise limitations, shadow flicker, and detailed decommissioning plans, the Henry County Board of Supervisors set out to modify the ordinance over a year ago.

After holding public forums, doing research, visiting a RWE wind farm, and much back and forth with the Planning and Zoning Commission, the board will hold public readings for the newest proposed ordinance. This newest proposal offers some compromise between the more permissive current ordinance and the significantly more restrictive proposed ordinance of the Henry County Watchmen LLC, a group consisting of concerned residents.

The new draft ordinance outlines clearer and stricter guidelines for developers of utility-scale energy projects. Among the most discussed provisions are the updated requirements for setbacks, noise levels, shadow flicker, and decommissioning responsibilities – each of which addresses public concerns voiced over the past year.

Under the proposed ordinance, wind turbines must be located at least 2,500 feet from any dwelling and 1,000 feet from the nearest property line.

This marks a notable increase from the current ordinance, which only requires setbacks from dwellings of “a distance no less than the greater of two times its total. The current ordinance’s stance on property lines only states that parts of the wind turbine may not hang over adjoining property without securing appropriate easements.

The most recent draft ordinance stops short of the stricter 3,280-foot (or 0.62 mile) setback proposed by the Henry County Watchmen LLC, a local group advocating for more robust landowner protections.

Noise limitations also see new attention in the proposed ordinance.

Like the proposal from the Watchmen, the draft ordinance limits noise levels to 40 decibels, specifically from 7 a.m.-7 p.m. and 35 from 7 p.m. to 7 a.m. at any point on a non-participating property. Low-frequency noise is not to exceed 50 decibels at any time of day or not on a non-participating party “to protect from adverse effects” of these sounds “that contribute to sleep disturbances.”

Like the current ordinance, which caps noise levels at 60 decibels, steady pure tones such as a whine, screech or hum will reduce the standards for audible noise by 5 decibels.

Concerns over shadow flicker – the strobe-like effect caused by turbine blades passing in front of the sun – are addressed explicitly in the draft ordinance, though, the topic does not appear at all in the current ordinance.

Much like the Watchmen’s proposal, the draft ordinance also calls for “No amount of shadow flicker” falling on or in a non-participating property, though property owners may waive this right.

Another major area of revision is in decommissioning planning.

The current ordinance lacks a timeline for decommissioning, but the draft being read by the Board of Supervisors in the coming weeks specifically states that components of a commercial wind energy conversion system (CWECS) will be considered discontinued if an individual wind turbine has not functioned during a 90-day period.

The proposed ordinance also requires developers to file detailed decommissioning plans, backed by financial assurances, to ensure that turbines and associated infrastructure are removed at the end of a project’s useful life. This submission would require detailed plans for decommissioning concerning removal, restoration of property, disposal, and financial, among other details.

While the existing ordinance includes general decommissioning language, it lacks financial accountability mechanisms further outlined in the draft. The Watchmen’s draft calls for even stronger financial guarantees, including bonding and escrow requirements, to ensure public funds aren’t used for cleanup if a company fails to fulfill its obligations.

Following the footsteps of the neighboring Washington County, Henry County’s draft ordinance adds language about property value guarantee.

“Such guarantee shall be based on non-wind turbine and with-wind turbine appraised values by a licensed third-party appraiser familiar with the region and credible qualifications that will make non-participating property whole financially,” the draft states.

This provision requires a non-bias third-party appraisal to assess any valuation changes due specifically to wind turbines and requires the wind turbine owner to pay the property owner the difference in value if they cannot sell their property at market value within six months of actively marketing it.

Officials say the new regulations aim to give Henry County more control over the scale and placement of energy projects, especially in light of growing development interest.

The ordinance comes after the Board extended a temporary moratorium on wind energy development to allow for more public input and regulatory refinement. The May 8 reading is the first step in adopting the new rules, with two more readings scheduled for May 15 and May 22. Residents are encouraged to attend these readings as the county moves toward a final decision.