Cluster homes: Home wind tower law causes protest

Residents told county commissioners Monday the county’s proposed residential wind ordinance does not protect neighbors.

Their outcry delayed a final vote on the ordinance, which passed the planning commission last month. Commissioners are slated to decide the fate of the ordinance Oct. 5.

The ordinance allows wind generators to be placed on lots of at least one-half acre with nothing more than a building permit. Towers must be set back 1.2 times their height from neighboring structures and public roadways.

Residents at Monday’s public hearing criticized the ordinance for not taking into account newer high-density rural neighborhoods or requiring those putting up towers to contact their neighbors.

“Nothing in here says neighbors need to be contacted before putting up a windmill,” said Richard Heath of Pullman. “That’s why we want the conditional use permit.”

Those in opposition were landowners in the Sunshine Road “cluster” between Pullman and Moscow. County commissioners in 2005 created several cluster zones, where groups of houses can be built near each other in the agricultural district.

The residents asked the ordinance be sent back to the planning commission to address cluster density.

“The reason why most of us have gone out there is because we like the beauty of the country,” said Marianne Lincoln.

County Planner Alan Thomson said aesthetics are not enough to justify a ban on building. He said County Prosecutor Denis Tracy advised the planning commission that property owners have the right to do what they want with their land, unless there is a demonstrated harm.

Thomson defended the ordinance, saying the planning commission crafted it after months of careful deliberation.

“I believe this is more than adequate to protect your rights,” Thomson stated. He added the ordinance and state noise standards would provide landowners adequate protection from noise pollution. He noted landowners can file nuisance lawsuits against neighbors with wind towers if the towers create noise pollution.

Diane Hanshaw said the two-mile Sunshine Road cluster could have as many as 54 generators if the ordinance passed as written.

Heath said if he erected a 100-foot wind tower it would be right in the window of his neighbor because of the topography of their properties. He added some neighbors could put up several wind turbines under the proposed ordinance. The ordinance does not restrict the number of turbines that can be built on lots over five acres.

Thomson said the cost of wind generators and the low amount of power needed for a single residence would prevent landowners from erecting more towers than they need.

“I just don’t envision anyone putting up five, six, seven turbines,” said Thomson.