Adams County Unincorporated
City Zoning Code

Noncommercial-Scale Wind Turbines. Wind energy facilities and systems that can generate no more than twenty-five kilowatts, and wind turbines one hundred twenty feet in height or less, with total electrical generation not to exceed one hundred kilowatts. A conditional use permit issued in compliance with all standards and requirements of this chapter shall be required for all noncommercial-scale wind turbines proposed in a facility or project designed for generation over one hundred kilowatts.

Temporary uses associated with investigatory work to determine the suitability of the site for energy development, such as meteorological towers. The placement of meteorological towers and other such equipment need not obtain a permit through this chapter. However, all other applicable code requirements apply.

A location map showing the location of the project area in relation to the surrounding vicinity;

A map depicting all study corridors and/or micrositing corridors as described in this chapter;

Conceptual turbine locations that will be refined during the micrositing process as defined in this chapter, and identified for completion of environmental studies and analysis provided with the expanded SEPA checklist as set forth in subsection B of this section; and

All existing residences within one mile of turbine micrositing corridor.

An expanded SEPA checklist shall be submitted to the department. The expanded checklist shall be submitted simultaneously with any other permit applications that may be required from the county; provided, that if the county determines that an environmental impact statement will be required, an expanded checklist will not be required.

The expanded checklist shall (in addition to being consistent with the SEPA checklist required in this chapter) provide analysis of impacts to elements of the environment as noted in the SEPA checklist required in this chapter and Chapter 197-11 WAC, and explain the measures proposed to avoid, minimize or mitigate those impacts.

Site-specific studies for impacts to habitat/ wildlife impacts (including avian impacts), cultural resource impacts, and a grading and stormwater management plan complying with applicable local or state best management practices and stormwater quality standards shall be submitted with the expanded checklist.

Because additional studies may be required by the department for effective review and siting, a preapplication meeting with a representative from the department is strongly recommended. The level of detail and analysis necessary is dependent on the type of project proposed, its location, and the currently available environmental information and review relevant to the proposal. In general, smaller projects will require less analysis than larger, more complex ones.

The expanded checklist shall include sufficient information to adequately describe the proposal and its impacts, including, but not limited to, information regarding the total square footage of buildings to be constructed, the maximum height and number of wind turbines, expected noise generation levels, the location of residences in proximity to the proposed project, the locations and length of new roads and above-ground and below-ground electrical cables and power lines, and transportation impacts.

An application for review under this chapter shall not be deemed complete until the information required under subsection (B)(5) of this section is provided. Except for site-specific studies for impacts to habitat/wildlife, upon a clear showing by the applicant that the study is not applicable or is unnecessary, the department may, within its discretion, waive specific application requirements. Such a determination shall be documented in writing in the project file. Should the applicant prepare an EIS, the department may waive all requirements for the submittal of individual studies at the time of application and deem the application complete upon submitting the information required in subsection A of this section.

All terrestrial habitat, critical area assessments, and cultural resource studies required shall be conducted within identified study corridors of sufficient width and dimension to enable comprehensive environmental assessment while allowing flexibility in the final layout. In order to encourage the maximum sufficiency of studies and to enable the maximum flexibility of final layout based upon site-specific attributes, the county shall review and provide written approval of micrositing corridors for all roads, wind turbine locations, and above-and below-ground electrical transmission locations.

Actual final locations of wind turbine generators, below-ground electrical cables, and aboveground electrical transmission towers will be established during the micrositing process, occurring after permit review and prior to actual construction; provided, that all such facilities must be sited within the study corridors reviewed and approved by the county. During the micrositing process (when the final, exact locations of the turbines and other project elements and equipment are determined), the applicant will typically balance a number of technical and engineering factors, including limitations posed by the terrain, wind data (speed, wind shear, etc.), wake effects of turbines on others, feasibility of access, setbacks (internally established or based on permit requirements), geotechnical considerations (subsurface conditions), environmental restrictions (avoidance of sensitive habitat), cultural/archaeological restrictions (avoidance of cultural resource sites), telecommunications constraints (line of sight microwave paths), FAA requirements, and other site-specific criteria that are not fully resolved until final engineering is completed.

Minimum, Nonwaivable Residential Setbacks. Wind energy turbine towers shall be sited a minimum of 1.1 times the height of the wind turbine generator away from existing residential structures, measured from the ground to the maximum extent of the turbine blade, regardless of whether the residential structure owner consents to the location.

Residential Visual and Aesthetic Setbacks. Visual and aesthetic setbacks are imposed to address wholly local concerns regarding the visual and aesthetic impacts of wind turbine generators. For all nonconsenting, nonparticipating landowners, commercial wind energy turbine towers shall be set back a minimum distance of four times the maximum height of the turbine, measured to the blade tip at its maximum elevation, from the nonparticipating landowner’s residence. In view of the low density, rural/ agricultural nature of the zoning districts deemed to be suitable for commercial wind energy facilities, the minimum residential structure visual and aesthetic standard shall be considered sufficient to address any visual and aesthetic impacts.

State Noise Standard Compliance. During operations, the project shall comply with applicable state noise standards.

Setbacks From Nonparticipating Property Lines. There shall be a minimum distance of 1.1 times the height of the wind turbine generator away from the property line of any nonparticipating landowner, measured from the ground to the maximum extent of the turbine blade.

Public roads to be utilized by the applicant shall be identified in the application. A qualified third-party engineer shall document road conditions prior to construction and again within thirty days after construction is complete or as weather permits. The applicant shall enter into a county road use agreement for the repair of damage to public roads resulting from project activities after construction.

For the purpose of this section, any consents to visual setback distances of less than four times turbine height from nonparticipating residences and less than the minimum setbacks from nonparticipating property lines shall be documented by a fully executed, notarized agreement by the fee title owner, in a format that can be recorded on the affected real property title.

Subject to standards imposed by the FAA, height limits are not established for wind turbines, transmission towers, and wind data collecting devices such as anemometers.

Building structure height limitations shall be in accordance with the standards established for the applicable zoning district.

Ingress and egress points shall be located and improved (if needed) in order to assure adequate capacity for existing and projected traffic volumes and to provide efficient movement of traffic, including existing and anticipated agricultural traffic.

All applicable governmental permits or approvals shall have been obtained, including access or driveway permits to state or county roads (if needed), construction within state or county highways, and overweight or oversize loads.

All-weather access roads (including graveled roads), suitable to handle emergency equipment, shall be provided to within one hundred fifty feet of any built structure or surface activity area.

General Wildlife Surveys. At a minimum, two general wildlife surveys should be conducted in the spring (April and May; one in each month) to record priority habitats and species. These surveys should be conducted for one to three years based on suspected wildlife presence (as determined through desktop assessments) prior to construction, in order to account for annual variability in weather, habitat, and wildlife presence. Conduct line transect surveys over one to three years depending on habitat type and presence of species of concern.

Avian Use Surveys. Conduct point-count surveys during the spring migration season, with supplemental fall and winter surveys as needed to document avian use patterns.

Raptor Nest Surveys. Complete surveys across the entire project site and required buffers during species-specific breeding seasons, following timing and spatial guidance for target species.

Bat Acoustic Surveys. Conduct seasonal acoustic monitoring (spring, summer, and fall) where site conditions suggest probable use by bat species.

Rare Plant Surveys. Perform surveys for state and federally listed plant species where suitable habitat exists, coordinated with Washington Natural Heritage Program data.

Habitat and Vegetation Surveys. Map and characterize habitat types and vegetation cover and assess habitat condition using standardized protocols where applicable.

Post-Construction Monitoring. Conduct mortality monitoring for birds and bats for a minimum of three years following project operation commencement.

The applicant shall conduct project preassessment studies consistent with the Washington Department of Fish and Wildlife Wind Power Guidelines effective on the date of submitting a complete permit application. Project applicants are further advised to consult with WDFW and local habitat/wildlife experts regarding turbine siting before making final site decisions.

The facility shall use bird flight deflectors on guy-supported permanent meteorological towers or use unguyed permanent meteorological towers.

The applicant shall assess and monitor raptor nests on site for activity prior to construction and modify construction timing and activities to avoid impacts to nesting raptors. At a minimum, one raptor nest survey during breeding season within one mile of the project site should be conducted to determine the location and species of active nests potentially disturbed by construction activities, and to identify active and potentially active nest sites with the highest likelihood of impacts from the operation of the wind plant. A larger survey area (e.g., a two-mile buffer) is recommended if there is some likelihood of the occurrence of nesting state and/or federally threatened and endangered raptor species (e.g., ferruginous hawk, bald eagle, golden eagle), or if empirical data on displacement impacts may be monitored after construction.

A minimum of one full season of avian use surveys is recommended following current state-of-the-art protocols to estimate the use of the project area by avian species/groups of interest during the season of most concern (usually spring/early summer). Additional seasonal data (e.g., fall or winter) is recommended in the following cases:

The county shall require the applicant to identify and remove all carcasses of livestock, big game, etc., from within the project that may attract foraging bald eagles or other raptors.

The CUP shall require the applicant to monitor the project for a minimum of one year following project start-up to estimate bird and bat fatality rates using standard protocol. The applicant shall report bird fatalities observed for the life of the project to WDFW and USFWS on a quarterly basis.

The applicant shall form a technical advisory committee (TAC) typically comprised of no more than seven members before project construction and after all permit appeal periods have closed. Representatives of Adams County planning department, Washington State Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, landowners, the applicant, local Indian tribes, and local citizen group(s) with local knowledge of avian use and species shall be invited to participate. The TAC will consider problems and impact mitigation issues and will serve for the life of the project or until TAC members determine that ongoing involvement of the TAC is not meaningful for project operation. The TAC will examine information relevant to assessing project impacts to avian and bat species. The TAC will consider whether further mitigation measures would be appropriate, considering factors such as the species involved, the nature of the impact, the cumulative impacts to the species, monitoring trends, and new scientific findings regionally or at a nearby wind power facility. If appropriate in the TAC’s judgment with respect to the significance of the impact identified, the TAC may recommend mitigation measures. The ultimate authority to implement additional mitigation measures, including any recommended by the project TAC, will reside with the project owner. The TAC’s participation is intended to ensure that monitoring data is considered in a forum in which independent and informed parties can collaborate with the owner to develop appropriate responses.

Environmental Awareness Training. The applicant shall provide biological resource protection training to all personnel working on the project site. Training shall include instruction on the identification of sensitive habitats and species, avoidance measures, and protocols for reporting wildlife incidents.

Wildlife-Friendly Siting and Buffers. Project facilities, including roads and utility corridors, shall be sited outside of sensitive habitats to the maximum extent practicable. Seasonal and spatial buffers for sensitive species shall be implemented in consultation with the Washington Department of Fish and Wildlife.

Aquatic Habitat Protection. The applicant shall avoid disturbance of aquatic habitats during siting and construction activities. If construction occurs near stream channels or rivers, a hydraulic project approval shall be obtained from the Washington Department of Fish and Wildlife.

Erosion and Sediment Control. The applicant shall install and maintain erosion and sediment control measures during construction, operation, and decommissioning to eliminate or minimize unnatural soil deposition into aquatic habitats.

Wildlife Entrapment Prevention. Open trenches shall be covered or equipped with escape ramps. Vertical pipes shall be capped, and netting associated with erosion control materials shall be removed when no longer needed. Construction debris shall be managed to prevent wildlife entrapment.

Wildlife-Friendly Fencing Design. Fencing shall be designed to allow for small-to mediumsized wildlife passage where appropriate, and hazardous fencing materials such as barbed wire or razor wire shall be avoided. Solar array fencing shall be designed to minimize the creation of dead-end traps for wildlife.

Lighting Controls. Exterior lighting shall be minimized and directed downward to reduce skyward illumination. Nighttime lighting shall be limited to the extent practicable to avoid attracting migratory birds and bats.

Hazardous Materials and Spill Prevention. The applicant shall implement a spill prevention and emergency response plan. The use of herbicides and pesticides shall be minimized, and when used, must comply with best practices to protect sensitive species and pollinators.

Transmission Line and Collision Risk Minimization. Above-ground collector and transmission lines shall be designed and constructed consistent with Avian Power Line Interaction Committee (APLIC) guidelines to minimize avian electrocution and collision risks.

Vehicle Speed Limits and Site Monitoring. The applicant shall limit vehicle speeds to twenty-five miles per hour or less on internal project roads and shall monitor for evidence of wildlife collisions during construction and operation.

Vegetation Management and Soil Protection. Vegetation clearing shall be minimized to the extent practicable. In areas of disturbance, topsoil shall be retained for use in revegetation efforts. Reseeding shall prioritize native species and avoid use of seeds treated with neonicotinoids.

Invasive Species and Fire Risk Management. The applicant shall implement invasive species control measures and establish firebreaks where appropriate, consistent with habitat protection objectives and consultation with the Washington Department of Fish and Wildlife.

The applicant shall prepare visual simulations of wind turbines from key viewpoints, chosen in consultation with the department.

Lighting for security shall be minimized and lighting fixtures shall be directed away from adjacent properties, to the maximum extent practicable. FAA lights shall be minimized to the extent practicable in consultation with the FAA.

The applicant shall provide a clean-looking facility free of debris and unused or broken down equipment by storing equipment and supplies off site (post-construction) and promptly removing damaged or unusable equipment from the site.

To the extent practicable, and subject to industry standards and requirements to meet the FAA’s daytime lighting and marking standards, the applicant shall chose paint colors and use nonreflective paints to reduce glare.

The applicant shall develop and maintain an on-site health and safety plan that informs employees and others on site what to do in case of emergencies, including the locations of fire extinguishers and nearby hospitals, telephone numbers for emergency responders, and first aid techniques. Employees shall be trained to address health and safety emergencies, and to safely operate and maintain the turbines and other mechanical equipment.

For projects in which hazardous substances are stored or used, a spill prevention and emergency cleanup plan will be designed to assist on-site workers with accidental releases. Any large spill will require emergency response through the local fire department or designated contractor.

During project construction and all project welding operations, the applicant shall have a readily accessible water truck and chemical fire suppression materials available on site to allow immediate fire response.

The applicant shall provide project staff with cellular or on-site phones to enable timely communication with the fire department and other emergency services.

The applicant shall fence site entrances as appropriate and post signs warning of electrical dangers with emergency contact numbers, e.g., phone numbers of emergency responders.

The applicant shall monitor the site for evidence of unauthorized use and provide additional security as appropriate.