Homer and Linda Bailey recently captivated the House of Representatives Energy and Technology Committee when they told their story about installing a 10kW wind turbine at their home in Cass City. The Bailey's plight opened lawmaker's eyes to the problems associated with installing renewable energy systems; problems Michigan GREEN is working to circumvent as our industry continues its upward growth.
The Bailey's decision to install a wind turbine arises from their commitment to live an environmentally friendly lifestyle, along with combating the continually rising energy costs, and to take advantage of the prevailing winds. Unknowingly, the Bailey's newly established wind turbine put them front and center, according to Linda as "the poster children for reasons not to try renewable energy alternatives."
Surprisingly to the Bailey's, DTE was not the obstacle they were warned about, proving to be the exact opposite by working to ensure that all wiring, connection, and safety guidelines were followed. The problems came after installation from their local (Elkland) township, (Huron County) zoning board, and their township tax assessor.
Before purchasing their wind turbine, the Bailey's approached their zoning board and asked if there were any restrictions, or applications that needed to be done before making a monetary or time investment. The Township Supervisor told the Bailey's that there were no zoning regulations he knew of, and that a wind turbine would not impact their property tax as it was "just a generator."
Shortly after installation, the Bailey's learned that "suddenly" there was now zoning language produced that had "been there for years" and that they needed to prepare for a special use permit variance.
The zoning language that was produced referred to commercial use generators without special language for residential applications.
Fortunately, the Bailey's received their variance but could do nothing to change zoning language. After the variance was issued, the Tax Assessor mailed a revised appraisal informing them that their zoning classification was being changed from residential to industrial. This riled the Bailey's who wondered how their property could be rezoned "without a hearing, notification, public announcement or warning."
Compounding their anxiety, the Bailey's learned that the State Tax Commission issued guidelines to Assessors and Equalization Directors for taxing of alternative energy equipment. Rhetorically, Linda asked the Energy Committee members "what incentive or reason is there to think that wind or solar energy would be even considered by an individual…only to be whacked into the green turf with additional debt and higher taxes, making one wonder, why bother? It's useless to proclaim the desire to create jobs, be environmentally responsible…if individuals trying to move forward are shackled at the ankles."
Editor's Note: Michigan GREEN has initiated a proactive response to the zoning and reassessment problems experienced by the Bailey's. First, Michigan GREEN spoke with Wayne Beyea, Statewide Coordinator of Michigan Citizen Planner Land Policy Institute at Michigan State University, to discuss zoning concerns for renewable energy producing systems. Mr. Beyea stated that Citizen Planner is working to stay at the forefront of this rapidly changing technology, and agrees that local zoning boards should not enact prohibitive ordinances, and should remain open-minded to the rapid advancement of renewable energy technology and systems.
At the House Energy and Technology Committee meeting, March 9, 2009, HB 4103 was approved by committee to allow the owner of an eligible small-scale (less than 150kW) solar, wind, geothermal, biomass, or water energy conversion device to apply for a certificate exempting the device from taxation under the General Property Tax Act. And, in the case of a wind energy conversion device installed after December 31, 2007 and before January 1, 2014 is exempt.
The Bailey's 10kW wind turbine stands on a 3 ft diameter, 12 meter monopole and generates 220 three phase DC current and is changed to AC single phase. The system has a start-up speed at 4.5 mph, operating up to 26 mph, rotating away from the wind during higher winds. The wind turbine has 3 blades ten meters in length and has a maximum decibel level of 59 (normal indoor conversation ranges from 55 to 60 decibels, according to the State of Maine, Noise, 2000).