Advance Planning

Wind Farm Planning and Zoning Issues Topic of Cattaraugus County Planning Board Annual Meeting

Daniel A. Spitzer, Esq., Keynote Speaker Annual County Planning Board Dinner Meeting June 14, 2006, Randolph, NY. Photo by Jack Berger

Daniel A. Spitzer, Esq., Keynote Speaker Annual County Planning Board Dinner Meeting June 14, 2006, Randolph, NY. Photo by Jack Berger

The Cattaraugus County Planning Board held its Annual Dinner Meeting on Wednesday, June 14, 2006, at the Randolph Volunteer Fireman's Reception Hall in Randolph, New York with 87 people in attendance. The focus of the meeting was “Planning and Zoning Issues Related to Wind Energy Development”. Representatives from 17 Cattaraugus County Towns were present to learn about the issues.

The Keynote Speaker, Daniel A. Spitzer, Esq, Partner, Hodgson Russ, LLP, Buffalo, New York, presented many key issues concerning local regulation of wind farms. He stated, “One mistake our communities cannot make, is assuming that if their zoning codes do not allow for wind farms, they are prohibited within the community. Because wind farms are utilities, any request for a use variance in the case of the unavailability of properly zoned land, is likely to be judged by the reduced standard for utilities established by the Court of Appeals in the Matter of Consolidated Edison v. Hoffman.” He continued by stating that, as with other potentially controversial projects, communities are benefited by adopting codes that address issues before they arise. If a community's code does not address wind power farms, the community can consider utilizing the moratorium tool to gain time to deal with proposed projects.

Mr. Spitzer also pointed out that wind power projects usually raise issues of land use compatibility, noise, telecommunications interference, impact on birds and other biological resources, aesthetics, and other socio economic concerns, which can be evaluated by communities as part of its obligations under the State Environmental Quality Review Act (“SEQRA”).

He emphasized that the local municipality can gain economic benefits by requiring a payment in lieu of taxes (PILOT) program or a host community agreement, or both.

For more information on this topic, go to the NYSERDA website at www.PowerNaturally.org/Programs/Wind/toolkit.asp or contact Daniel Reynolds, Southern Tier West Regional Planning and Development Board at 716-945-5301 or Paul Bishop, Cattaraugus County Department of Economic Development, Planning and Tourism at 716-938-9111 Ext. 2369 or email at: