Columbia County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
87 COMMERCIAL WIND ENERGY FACILITIES
§ 18.87.010 Purpose.
A.
To provide requirements for permitting new commercial wind energy facilities and to identify locations where wind energy facilities can meet the standards and criteria set forth herein and/or can be mitigated in relation to the county's adopted agricultural zoning.
B.
To provide site development criteria for the utilization of the county's wind energy resources. Each wind energy facility will be subject to individualized review and the imposition of conditions based on site-specific information that will be tailored to address project impacts in accordance with the adopted site criteria. The goal is to achieve a predictable but sensitive siting process that effectively addresses project impacts.
C.
To protect the health, safety, general welfare and convenience of the inhabitants of the county.
(Ord. 2025-01)
§ 18.87.015 Definitions.
means a hard-packed and graded and/or graveled road that is passable by vehicles under both wet and dry weather conditions.
is defined as one or more wind turbines for the purpose of generating electricity for commercial sale, with an electrical capacity of over one megawatt (MW). The facility would include transmission towers, cables/wires, infrastructure and other building accessories to such facility.
means the entity or individual who holds the ownership rights of a wind energy facility. This includes ownership of the infrastructure, such as wind turbines, electrical systems, and other associated facilities used to generate electricity from wind power.
means a freestanding structure that carries instruments used to measure weather conditions.
means the process of finalizing the location of wind generators and all wind-generating facility structures and internal roads within approved project corridors or areas.
means a continuous area of land where detailed analysis is conducted to identify the most optimal locations for placing wind turbines, taking into account factors like wind speed, terrain, environment constraints and land ownership, while still allowing flexibility for final turbine placement during the project's design phase.
means a wind turbine or component that is not able to generate electricity for six continuous months.
means any real property or landowner except those on whose property all or a portion of a wind-generating facility is located pursuant to an agreement with the facility owner or operator.
means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility is filed with the county.
means any structure used for continuous or periodic habitation, occupancy, or use by human beings or animals.
means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial wind energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial wind energy facility, or supporting facilities.
means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial wind energy facility is filed with the county.
means a qualified individual who is licensed as a professional civil and/or electrical engineer in any state in the United States.
means the approved area within which all the components of a wind-generating facility are located. This includes the turbines, all new access roads to the facility, above- and belowground electrical transmission lines, and all buildings and uses associated with a wind energy facility including meteorological towers.
occurs when the blades of a turbine rotate in bright conditions, casting moving shadows resulting in alternating changes in light intensity.
means a type of transformer that converts the low voltage (LV) and high current from the primary side of the transformer to the high-voltage (HV) and low-current value on the secondary side of the transformer.
means the apparatus that connects the electrical collection system of the commercial wind energy facility and increases the voltage for connection with the utility's transmission lines.
include, but are not limited to, the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility.
means the height of a wind turbine measured from grade to the tip of the rotor blade at its highest point, or blade-tip height.
means a location with good wind resources for generating electricity using wind-driven turbines. It is a region where wind energy systems can effectively capture the wind's energy.
means the wind turbine tower, nacelle, and blades.
means a wind energy conversion system that converts wind energy into electricity.
(Ord. 2025-01)
§ 18.87.020 Application of standards and criteria.
A.
Commercial wind energy facilities are allowed in the zoning districts as shown in CCC § 18.15.045, Use matrix, by conditional use permit (CUP). Projects permitted through this chapter shall comply with the standards of this chapter rather than the general conditional use permit standards and criteria as set forth in Chapter 18.80 CCC. Conditional Uses. Upon satisfying the standards and criteria in this chapter and any applicable discretionary zoning requirements, or as authorized through a minor amendment as provided in CCC § 18.87.040(J), the wind energy facility shall be considered compatible with adjacent and surrounding land uses. Subject to the imposition of clear and objective conditions in accordance with this chapter, a commercial wind energy facility that complies with this chapter shall be deemed to comply with the county's conditional use permit requirements.
B.
Wind turbines greater than 120 feet in height are considered commercial wind energy facilities and are subject to the requirements of this chapter. Wind energy facilities, wind turbines and all related and supporting equipment that can generate no more than 25 kilowatts, and wind turbines 120 feet in height or less, are not subject to the additional requirements of this chapter, so long as the total electrical generation shall not exceed 100 kilowatts. All other code requirements still apply.
C.
A conditional use permit for a commercial wind energy facility shall be void after five years if development has not commenced. Development is considered to have commenced when any construction is undertaken that requires the issuance of a building permit. A one-year extension may be requested in writing from the planning director.
D.
The county may, at its discretion, refer a project to the Washington State Energy Facility Site Evaluation Council (EFSEC) for permitting and environmental review, where appropriate, to ensure consistent and efficient review of large-scale energy developments. Reasons for referral include, but are not limited to, lack of staff capacity and the complexity of the project.
1.
If a referral is deemed necessary, the planning department shall notify the project applicant in writing within 30 days of application submission.
(Ord. 2025-01)
§ 18.87.030 Other applicable requirements.
A.
Project applicants must comply with other applicable county requirements, such as the critical areas ordinance, environmental review regulations, and building codes.
B.
The following uses are permitted without the need for a conditional use permit, subject to compliance with other applicable code requirements, including building and environmental codes:
1.
Temporary uses associated with investigatory work to determine the suitability of the site for energy development, such as meteorological towers and geotechnical, wildlife, habitat, land and cultural resource surveys. The placement of meteorological towers and other such equipment need not obtain a permit through this chapter. However, all other applicable code requirements apply.
2.
All accessory buildings, uses, and structures related to and supporting the operation of commercial wind energy facilities, including utilities and utility infrastructure needed for the principal use, shall be considered part of the facility. For the purposes of this chapter, accessory uses include, but are not limited to, any transmission line, collection system, fiber system, operation and maintenance building, avian mitigation structures or facilities, roads, temporary (construction phase) concrete or asphalt batch plants and the mining and utilization of on-site gravel for on-site use only, as necessary for the wind energy facility development, such as for the construction of internal roads.
(Ord. 2025-01)
§ 18.87.040 Application requirements and review process.
Due to the unique nature of each wind energy project site, this section sets forth the requirements and standards for the review and granting of a conditional use permit for a commercial wind energy facility.
A.
Permits. No person or applicant shall establish a commercial wind energy facility without first complying with the provisions and standards of this chapter and obtaining all applicable federal, state and local permits, approvals, licenses, certifications, rights-of-way and road use agreements required for commercial wind facility construction. Building permits must be obtained before foundations are prepared. Environmental, critical areas, and all other procedural review requirements of applicable federal, state and local laws must also be complied with prior to commercial wind facility construction.
B.
Preapplication Conference. The applicant will complete at least one preapplication conference with the planning director, building official, county engineer, district fire chief, environmental health officer and any other interested/affected departments or agencies as determined by the planning director. Additional parties may be invited to the preapplication conference(s) with the applicant's consent. The preapplication conference stage of planning precedes finalization and submission of an application. During this stage, the applicant makes known their intentions and is advised of specific public objectives related to the conditional use permit and requirements.
C.
The applicant will enter into a cost reimbursement agreement with the county for review and processing of the CUP. This includes compensation for county staff time as well as any outside technical experts retained by the county to assist in processing.
D.
Public Meetings. Prior to application submittal, the project applicant will hold a minimum of one informal community meeting within the county to inform the public about the proposed facility and solicit comments on the proposal. Planning staff will assist in arranging these meetings.
E.
CUP Application Requirements. The applicant for a new commercial wind facility shall complete an application for project review and approval on the form adopted by the planning department. The application for a conditional use permit shall be in writing, signed by the applicant, and shall include the following:
1.
The name and contact information of the applicant.
2.
The project site location and a listing of the tax parcels and parcel ownerships within the proposed project boundary.
3.
Names and mailing addresses of all landowners within 500 feet of the proposed project boundary.
4.
One print and one digital copy of the complete layout plan for persons reviewing the application. These plans shall contain the following information:
a.
Location map showing the location of the project area in relation to the surrounding area.
b.
Area and dimensions of the project boundary.
c.
A map depicting all study corridors and/or micrositing corridors.
d.
Number and preliminary footprint of all turbines including the maximum tip height, rotor height and rotor diameters.
e.
Preliminary location and dimensions of all proposed roads and connections to county roads.
f.
Preliminary location of underground and overhead collection and transmission line corridors.
g.
Location of any proposed buildings or facilities, such as operations and maintenance buildings or substations.
h.
Location of any existing water, sewer and/or gas lines operated by a utility or transmission provider.
i.
A map or maps of the existing and proposed site topography including conceptual grading and drainage plans.
j.
All existing occupied buildings within one mile of turbine micrositing corridors or areas and/or proposed turbine locations.
k.
A map showing the location and height of any development in the military training route, as shown on CCC § 18.71.050, Military flight training route map.
l.
Any other information necessary to interpret the compliance of the plans to the regulation of this chapter.
m.
Geographic information system (GIS) layers of the proposed site.
n.
Visual simulations of wind turbines from key viewpoints, chosen in consultation with the planning department. Key viewpoints may include, but are not limited to, public parks, rights-of-way, waterways, and concentrated residential areas.
o.
A decommissioning and restoration plan shall be submitted in accordance with CCC § 18.87.060(O)(2).
5.
The planning director may request additional information to complete a recommendation as to whether the proposed facility will comply with the requirements of this chapter and other applicable state and local regulations. Acquisition of additional information requested will not preclude an application from being determined complete for the purposes of public notification.
F.
SEPA Checklist. Absent an agreement between the county and applicant to prepare an environmental impact statement, a SEPA checklist shall be submitted to the department simultaneously with the conditional use permit application for a new commercial wind facility.
1.
The SEPA checklist shall provide analysis of impacts to elements of the environment as noted in the SEPA checklist required in Chapter 16.05 CCC and Chapter 197-11 WAC, and explain the measures proposed to avoid, minimize or mitigate those impacts.
2.
Site-specific studies of potential habitat/wildlife impacts (including avian impacts) and cultural resource impacts shall be submitted with the checklist.
3.
Because additional studies may be required by the department for effective review and siting, a SEPA-focused second preapplication meeting with a representative from the department and WDFW 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. SEPA threshold determinations and EIS review will comply with RCW 43.21C.530.
4.
The SEPA 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 and range, the location of residences in proximity to the proposed project, the locations and length of new roads and aboveground and below-ground electrical cables and power lines, and transportation impacts.
G.
Micrositing Corridors.
1.
Actual final locations of wind turbine generators, belowground electrical cables, and aboveground electrical transmission towers will be established during the micrositing process, occurring after conditional use permit approval 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 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), a final grading and stormwater management plan complying with applicable local or state best management practices and stormwater quality standards, 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.
2.
Micrositing is an administrative process that does not require public notice or appeal provisions.
3.
All required terrestrial habitat, critical area assessments per Chapter 16.10 CCC, and cultural resource studies shall be conducted within identified micrositing corridors. 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 belowground electrical transmission locations.
H.
Review Process.
1.
After determining that the application materials are complete, planning staff will advertise a notice of complete application in the paper of record and notify property owners within 500 feet of any property included within the proposal, with a request for public comments. The county shall include either a SEPA environmental threshold determination or EIS scoping information with this notice.
2.
Upon receipt of the application and plans, the planning director shall distribute the plans for review and comment to the following: county engineer, director of public works, county environmental health officer, county building inspector, district fire chief, county treasurer, county assessor, county GIS specialist, county sheriff, and the affected utilities. These personnel shall review the application and submit written comments to the planning director within 20 days of the date of distribution of the application.
3.
Per RCW 36.01.320, upon receipt of an application for a permit to site an energy plant or alternative energy resource that is connected to electrical transmission facilities of a nominal voltage of at least 115,000 volts, the county shall notify in writing the United States Department of Defense. The notification shall include, but not be limited to, the following:
a.
A description of the proposed energy plant or alternative energy resource.
b.
The location of the site.
c.
The number and placement of the energy plant or alternative energy resource on the site.
d.
The date and time by which comments must be received by the county.
e.
Contact information of the county permitting authority and the applicant.
4.
The applicant shall hold at least one public meeting to inform the public of the proposed facility per subsection (D) of this section. Planning staff can assist with meeting arrangements.
5.
The planning director shall review the application for compliance with the provisions of this chapter and other applicable laws and regulations, review comments received and prepare a written staff report for the hearing examiner regarding whether the proposed use complies with applicable county ordinances. The staff report will include recommended conditions of approval.
6.
A duly advertised public hearing will be held with the county hearing examiner per CCC § 18.05.080, Hearing examiner. The hearing will be advertised in the paper of record and notice will be mailed to property owners within 500 feet of the proposed project boundary and parties of record at least 10 days prior to the hearing.
I.
SEPA Appeal. In the event of an appeal of the county SEPA determination, the appeal hearing shall be conducted by the hearing examiner as required by CCC § 16.05.220, Appeals. The hearing examiner may hold one consolidated hearing at which it will hear and decide both the underlying governmental action (CUP) and the SEPA administrative appeal.
J.
Amendment of a Corridor/Area Site Plan or Conditional Use.
1.
A corridor/area site plan as approved by the hearing examiner shall not be altered, except as described in this subsection (J). Provided, the wind turbine location is within the corridors/areas approved by the hearing examiner, latitude is given in the case of micrositing wind turbines or facilities, because of evolving generator capacity, blade sizing, turbine height, topographical features and other conditions.
2.
Notwithstanding any other provision of this chapter or any other county code chapter, changes to an approved conditional use that falls within the following categories shall be processed as a minor amendment pursuant to CCC § 18.80.070(A):
a.
Changes in micrositing of wind turbines, accessory buildings, uses and structures related to and supporting the operation of commercial wind energy facilities, including utilities and utility infrastructure needed for the principal use; and
b.
Changes in wind turbine dimension, provided the new turbines will be sited within the micrositing corridors or areas approved by the hearing examiner in the original conditional use permit, the number of turbines does not increase, and environmental review shows that there will not be new significant adverse environmental impacts;
c.
Movement or expansions of the approved micrositing corridor boundary or areas, so long as the movement or expansion totals less than 25 percent of the original area approved.
3.
Prior to any minor modification, county planning staff must review and approve the modification, and public notice shall be sent to each record owner of property within 500 feet of any property included within a proposal.
4.
All other proposed conditional use amendments shall be processed as a major amendment and treated as a new application pursuant to this chapter.
5.
The county planning department shall be provided with notice of all repowering projects or proposed project modifications to perform appropriate review to determine compliance with the original permit. Changes that fall within the conditions approved under the original conditional use permit do not warrant a full permit review as a new standalone permit. The county may apply project stipulations such as proof of special inspections and coordination with public works regarding the transportation of components.
(Ord. 2025-01)
§ 18.87.050 Conditions for meteorological towers.
A.
There is no height restriction on meteorological towers in Columbia County per CCC § 18.135.020, Buildings or structures exceeding height limitation. Towers over 200 feet are subject to conditions applied by the Federal Aviation Authority (FAA) regarding lighting and markings.
B.
For meteorological towers and associated accessory structures, setbacks shall be subject to the zoning designation.
C.
The meteorological towers shall be fenced sufficiently to prevent unauthorized access.
D.
If a meteorological tower is no longer in use, it is to be removed at the time of decommissioning of a wind energy facility. In the case of a meteorological tower that is not a part of the facility, it is to be removed at the end of its use.
(Ord. 2025-01)
§ 18.87.060 Development standards and criteria.
A.
Setbacks. All setback distances established in this section shall be measured from the closest point of the tower to the closest point of the thing from which the tower is set back, for example, an occupied building, property line, or road right-of-way.
1.
Minimum, Nonwaivable Occupied Building Setbacks. Wind energy turbine towers shall be sited a minimum of one times the height of the wind turbine generator plus 100 feet away from existing occupied buildings, measured from the ground to the maximum extent of the turbine blade, regardless of whether the occupied building structure owner consents to the location.
2.
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 landowners' residences.
In view of the low density, rural/agricultural nature of the zoning districts deemed to be suitable for commercial wind energy facilities with the acquisition of a conditional use permit, the minimum occupied building structure visual and aesthetic standard, including subsections (A)(1) and (A)(4) of this section, shall be considered sufficient to address any visual and aesthetic impacts for the purposes of SEPA and county code.
For purposes of this section, any consents to visual setback distances of less than four times turbine height from a nonparticipating adjacent landowner's residences and less than the minimum setbacks from a nonparticipating adjacent landowner's 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.
3.
No tower shall be located closer than one and one-half miles to any urban growth area boundary existing at the time of issuance of the project use permit.
4.
No individual tower shall be located closer than one-quarter mile to the project boundary encompassing the entire project area (defined as "including any property purchased or for which a lease has been entered for the purpose of placement of wind turbine towers or for expansion of the project area") and/or any approved independent phase thereof.
5.
No individual tower shall be located closer than one and one-half times the height of the tower, measured from the natural surrounding grade to the highest extent of any blade, to any paved county road and any state highway.
B.
Height Limits.
1.
Subject to standards imposed by the FAA, height limits are not established for wind turbines, electrical transmission support structures, radar towers, bird detection systems, communication systems, and wind data collecting devices such as anemometers. However, the county may place reasonable limitations on height if necessary to mitigate impacts to existing uses or if necessary to address impacts on public safety.
2.
Building height limitations shall be in accordance with the standards established for the applicable zoning district. Height limitations apply to all structures except those specifically exempted from the height limitation requirement per CCC § 18.135.020.
C.
Transportation. Prior to commencement of construction, the applicant shall provide the public works department with a traffic management plan. The plan shall be prepared in consultation with the county engineer/public works department and the Washington State Department of Transportation, to the extent that state roads are affected. All elements of the traffic management plan shall be reviewed by the county engineer, who has discretion for determining whether the materials are complete or acceptable. Required elements of the plan shall include:
1.
Specified roads to be utilized during construction and post-construction, including:
a.
Identification of the site access plan, which directs construction and maintenance workers to use existing roads wherever possible.
b.
Identification of transportation routes for equipment deliveries to and from the project site.
c.
Identification of all government permits and approvals that must be obtained, including access and driveway permits to state and/or county roads, overweight/oversize load permits, and state of Washington traffic control approvals.
d.
Identification of how public roadway conditions will be assessed pre- and post-construction for purposes of identifying necessary restorative road measures, and the mechanism by which any such repairs to affected roads will be secured, including, without limit, a bond to secure performance of restorative road measures.
2.
Ingress and egress points shall be located and improved (if needed) to ensure adequate structural and operational capacity for existing and projected project-related traffic volumes and to provide efficient movement of traffic, including existing and anticipated agricultural traffic and projected construction traffic.
3.
A franchise agreement pertaining to the long-term use of public rights-of-way for underground utilities and aboveground utilities, private facility features, and private infrastructure, if needed.
4.
All-weather access roads (including gravel roads) suitable to accommodate emergency response vehicles and equipment shall be provided to within 150 feet of any built structure associated with the project.
5.
Engineering studies, plans and reports necessary to substantiate any engineering-related elements of the plan.
6.
Planned phasing requirements of the traffic management plan (if required) to accommodate multi-phase or multi-year construction plans.
7.
Any other items required by the county engineer to properly determine the impacts and remediation to the county road system because of the project.
8.
When reasonable and practical, applicant shall locate roads, power lines, and communication lines in the same corridors, thereby reducing the overall amount of site disturbance. Existing roads shall be used wherever practical and reasonable.
9.
Property used for temporary roads and staging areas shall be restored to preconstruction grades, stabilized, and/or revegetated as necessary.
D.
Noise. State noise standard compliance: During construction and operations, the project shall comply with applicable state noise standards per Chapter 173-060 WAC. Compliance with these standards shall be deemed sufficient to demonstrate compliance with the county's CUP criteria and is consistent with a determination of nonsignificance for the purpose of SEPA.
1.
The project operator will provide notice to the county planning department of any noise complaints received, and likewise, the county planning department will provide notice to the project operator of any complaints received.
2.
Complaints about exceedance of state noise standards shall be received and reviewed by the county planning department in consultation with the project operator to assess the need, if any, for additional monitoring and to address violations.
3.
If a violation of state noise standard is determined to have occurred, the turbine operator shall be responsible for (a) reimbursement of costs incurred by the county for professional noise studies necessary to determine the extent and nature of the violations and possible mitigation measures; and (b) attenuation of the impacts and costs associated with mitigation measures.
E.
Air Quality. All applicable air emission permits shall be obtained, and all conditions complied with.
1.
The applicant shall revegetate any disturbed areas that are not permanently occupied by the project features.
2.
The applicant shall provide a minimum of 15 centimeters (six inches) crushed gravel surface on project roads to reduce erosion.
3.
The applicant shall implement best management practices (BMPs) to minimize fugitive dust during construction, including measures such as maintaining a water truck on site for dust suppression.
4.
The applicant shall conduct ongoing environmental monitoring during construction for environmental conditions identified during SEPA review and incorporated by reference as conditions of approval.
F.
Vegetation.
1.
Based upon the information provided in the SEPA checklist, the applicant shall limit construction disturbance by flagging regulated critical areas in accordance with county shoreline, floodplain and critical areas regulations and shall conduct ongoing environmental monitoring during construction to ensure that flagged areas are avoided.
2.
The applicant shall develop a reseeding/restoration and weed management plan in consultation with the Columbia County weed control board and the Washington State Department of Fish and Wildlife (WDFW). This requirement may be waived in agricultural fields with landowner approval as long as timing is consistent with agricultural practices in the surrounding area.
3.
The county shall refer to the WDFW wind and solar power guidelines to establish appropriate vegetation mitigation for project-specific impacts. Mitigation should be conducted appropriately for each affected wildlife or vegetation species, habitat type, arid lands, and connectivity value, and avoiding impacts is the highest mitigation priority (CCC § 16.10.110).
G.
Overhead Electrical Transmission and Collector Lines. Overhead electrical transmission and collector lines should be constructed consistently with the existing Avian Power Line Interaction Committee (APLIC) recommendations for raptor protection on power lines and such other commonly accepted industry or regulatory standards.
H.
Wildlife. The county shall consider recommended conditions listed in the current, and as amended, WDFW wind and solar power guidelines. The following conditions and requirements shall be mandatory:
1.
The applicant shall conduct project preassessment studies with a qualified professional consistent with the WDFW wind and solar power guidelines effective on the date of submitting a complete permit application. Project applicants shall consult with WDFW and local habitat/wildlife experts regarding turbine siting before making final site decisions.
b.
The applicant shall utilize GIS priority habitat and species (PHS) data relevant to the project from the Washington Geospatial Open Data Portal.
c.
Following completion of the biological field surveys, the project should share results with WDFW for feedback.
d.
Whenever possible, proposed construction should be limited to areas that have been already disturbed (e.g., land in use for more intensive agricultural practices) and reduce the project footprint to the minimum area necessary to meet project needs.
2.
The facility shall use bird flight deflectors on guy supported permanent meteorological towers or use un-guyed permanent meteorological towers.
3.
The applicant shall assess and monitor raptor nests on the project 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 nesting occurrence of 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.
4.
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 site 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: (a) use of the project site for the avian groups of concern is estimated to be high relative to other projects, and (b) there is very little existing data regarding seasonal use of the project site. This additional avian use data should be collected to refine impact predictions and make decisions on project layout.
5.
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.
6.
The CUP shall require the applicant to monitor the project for a minimum of three years following project start-up to estimate bird and bat fatality rates using the most recent WDFW wind and solar guidelines. The applicant shall report bird fatalities observed for the life of the project to WDFW and USFWS on a quarterly basis, unless and until these wildlife agencies waive or reduce this reporting requirement.
7.
Reference current WDFW wind and solar guidelines and consult with WDFW to determine what post-construction field surveys, biological assessments and ongoing monitoring will be required.
I.
Stormwater and Runoff. Design and implement stormwater drainage systems in consultation with a professional engineer to ensure compliance with applicable laws and regulations. During the first year after construction, and/or until vegetation has been established in disturbed soils, monitor the site for erosion on a regular schedule as approved by the Department of Ecology or Columbia County, and after large rainfall or snowmelt events, and take corrective action as necessary.
1.
Applicant shall comply with Washington State Department of Ecology (WADOE) stormwater regulations and U.S. Army Corps of Engineers (USACE) permitting requirements, if any.
2.
Construction plans shall incorporate BMPs related to stormwater management and control, as recommended by the Eastern Washington stormwater manual published by the WADOE.
3.
A professional engineer shall oversee the construction of stormwater systems. Monitoring, maintenance and repair of stormwater systems shall be performed in accordance with the requirements of the issuing agency.
4.
New or expanded ditches and culverts shall be sized to accommodate a 100-year storm. Expanded culverts over existing seasonal drainages and associated mitigation as required by county, state and federal agencies shall be designed to minimize impacts on wildlife.
5.
Road and turbine foundations and cut slopes shall be designed in consultation with a Washington State licensed professional engineer to ensure that appropriate slope protection measures are incorporated into the design and that appropriate materials are used in road construction.
J.
Geologic and Flood Hazards. The applicant shall design structural foundations and buildings in accordance with applicable International Building Code requirements for the relevant seismic zone. Compliance with all applicable local requirements is required.
K.
Water Resources. Water required for on-site use (construction phase work, restroom facilities and general maintenance) shall be obtained in accordance with state and local requirements.
L.
Agricultural Resources. Development shall avoid the unnecessary conversion of resource lands that remove the land from resource production or interfere with the usual and accustomed operations of the natural resource lands. When possible, development shall utilize poor quality soils and shall include dual uses that support productive agriculture.
M.
Cultural Resources. The applicant shall complete a cultural resource survey of areas of the project site that will be disturbed temporarily or permanently. During construction, the applicant shall flag and avoid cultural resources and monitor construction activities to ensure that flagged cultural properties are avoided. The applicant shall train construction workers on the need to avoid cultural properties and procedures to follow if previously unidentified cultural properties, including Native American burial sites, are encountered during construction. If any previously unidentified cultural resource properties are encountered during construction, the applicant shall cease construction activities in the immediate vicinity of the site pending evaluation by a qualified archeologist and consultation with the Department of Archaeology and Historic Preservation to identify appropriate mitigation measures such as avoidance or scientific data recovery.
N.
Visual Resources.
1.
Lighting for security shall be minimized. Lighting fixtures, except those required by the FAA for safety purposes, must be shielded, hooded, and oriented towards the ground so that direct rays of light do not shine onto neighboring properties or serve as a source of light pollution. FAA lights shall be minimized to the extent practicable in consultation with the FAA and as required by Chapter 70A.550 RCW. Unnecessary lighting should be turned off at night to limit the attraction of migratory birds and bats.
2.
The applicant shall provide a clean-looking facility, free of debris and unused or nonfunctioning equipment, by storing equipment and supplies off site or in appropriate storage or operation and maintenance facilities (post-construction and as approved through the project CUP) and removing damaged or unusable equipment from the site.
3.
To the extent practicable, and subject to industry standards and requirements to meet the FAA's daytime lighting and marking standards, the applicant shall choose paint colors that are nonreflective and a nonobtrusive color such as white, off-white, or gray.
4.
All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with any wind energy system visible from any public road, are prohibited.
5.
Turbines and other project improvements shall comply with FAA regulations, including lighting requirements addressing light synchronization, color and number.
O.
Decommissioning.
1.
Prior to commencing construction of the project, the applicant shall prepare a decommissioning plan in a form acceptable to the county. A bond, letter of credit, or other security acceptable to the county, as stated in subsection (O)(2)(i) of this section, is required to ensure proper decommissioning of the project. If, however, the project is owned and operated by an investor-owned electric utility regulated by the Washington Utilities and Transportation Commission, such security device as described in this section may be waived and the removal and restoration obligations hereunder shall be a general obligation of the investor-owned utility.
2.
The applicant for any wind energy facility is required to enter into a site restoration agreement with the county. The purpose of the agreement is to ensure that the decommissioning/reclamation of the site is adequately addressed pursuant to the following:
a.
A decommissioning and restoration plan shall be prepared and submitted with the initial application for a new wind facility. The plan shall be prepared in sufficient detail to identify, evaluate, and resolve all major environmental, and public health and safety issues reasonably anticipated by the applicant on the date hereof.
b.
The developer or owner of the wind facility is responsible for decommissioning, and the agreement shall transfer to any future operator or owner of the site.
c.
Decommissioning/reclamation of a wind facility shall be completed within three years of the date that the power production is deemed to have ceased or after the facility has ceased to produce power for a period of 12 consecutive months at any time during the life of the facility, except in the event of manmade or natural disasters not in the control of the applicant.
d.
The applicant, or the then-current owner, shall at their sole cost and expense dismantle and remove all aboveground improvements including all structures and conduits, and foundations to at least a depth of four feet below grade or until bedrock is encountered, whichever is less.
e.
All fences, graveled areas and access roads shall be removed unless a landowner's agreement to retain is presented, in writing, in which the property owner agrees for the elements to remain.
f.
The property shall be restored to a condition reasonably similar to its own condition prior to development of the wind facility. This includes replacing soils, based on geotechnical boring to support the turbine foundation and roads, to the type and condition that existed on the parcel prior to development for the wind energy facility.
g.
Restoration/reclamation conditions must comply with the Stormwater Management Manual for Eastern Washington in effect at the time of reclamation.
h.
Decommissioning/reclamation cost estimates, which shall be updated every five years from the establishment and submittal of the security, shall include all costs associated with the dismantlement, recycling and safe disposal of facility components and site reclamation activities including the following elements:
i.
All labor, equipment, transportation and disposal costs based on current market rates associated with the removal of all facility components from the facility site.
ii.
All costs associated with the full reclamation of the facility site, including the removal of nonnative soils, fences and constructed gravel roads.
iii.
All costs associated with the reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction.
iv.
All decommissioning/reclamation activity management, site supervisions and site safety costs.
v.
Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site.
vi.
The estimated date of submission of the security to Columbia County.
i.
Prior to the issuance of any grading or building permits, an irrevocable letter of credit, bond or alternative form of security in an amount sufficient to fund the estimated decommissioning/reclamation cost requirements by this code. Construction of the project shall not commence until adequate financial assurance is provided. The security shall:
i.
Name the board of commissioners of Columbia County as the sole beneficiary of the letter of credit.
ii.
Be issued by an A-rated financial institution based upon a rating provided by S&P Moody's Fitch, AM Best or other rating agency with similar credentials.
iii.
Include an automatic extension provision or evergreen clause.
iv.
Be "bankruptcy remote," meaning the security will be unaffected by the bankruptcy of the wind energy facility operator.
v.
Columbia County, at its sole discretion, may approve alternative forms of security such as, but not limited to, bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein.
vi.
Columbia County, at its sole discretion, may also approve modified terms and timings of the bond amounts based on the life cycle of the wind facility.
vii.
Any bond, letter of credit, or other security shall be updated every five years to match the decommissioning/reclamation cost estimates of subsection (O)(2)(h) of this section.
viii.
The county may, at the expense of the applicant, through the cost reimbursement agreement, hire a bond attorney to ensure that the county is adequately protected.
3.
In the event the applicant does not timely perform any or all obligations under the approved decommissioning plan in subsection (O)(2) of this section, the county may take all actions necessary to execute on the approved decommissioning security device steps to enable the county to undertake any or all the decommissioning itself.
4.
All applicable local and state regulatory requirements shall be complied with, including obtaining demolition permits and complying with permit conditions for the removal of existing turbines and structures from the site.
5.
Any wind energy facility that is damaged by the elements or vandalism shall be required to submit applicable building permit applications (if any required) within one year of the date the damage was first observed. Damage and repair do not qualify as decommissioned or abandoned unless the duration of the cessation of power production meets the requirements of subsection (O)(2)(c) of this section.
P.
Public Safety, Inquiries and Complaints.
1.
The applicant shall comply with state occupational health and safety standards.
2.
Prior to construction, the applicant shall develop and maintain on site a health and safety plan that:
a.
Informs employees and others on site what to do in case of emergencies.
b.
Ensures that there is a spill response plan and containment strategy for toxic spills and waste management during construction.
c.
Includes the locations of fire extinguishers and nearby hospitals.
d.
Provides telephone numbers for emergency responders.
e.
Describes basic first aid techniques.
3.
The applicant shall provide training to all employees on health and safety emergencies and shall train all operations and maintenance personnel on how to safely operate and maintain the turbines and other mechanical equipment on site.
4.
Prior to construction, the applicant shall prepare an emergency response plan in coordination with local emergency service providers. The plan shall include requirements and provisions to mitigate high fire-risk activities during extremely dry weather periods.
5.
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.
6.
The applicant shall provide project staff with cellular or on-site phones to enable timely communication with the fire department and other emergency services.
7.
The applicant shall fence site entrances as appropriate and post signs warning of electrical and construction dangers with emergency contact numbers, e.g., phone numbers of emergency responders. The facility owner and operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project.
8.
The applicant shall monitor the site for evidence of unauthorized use and provide additional security as appropriate.
9.
Portable sanitation facilities and potable water shall be provided for employees on site during construction and permanent sanitation facilities and potable water shall be provided for project operations. Facilities shall be developed in compliance with local and state requirements regulating potable water use and sanitary hygiene.
10.
Smoking shall be always prohibited in the project area except in designated smoking areas.
Q.
Recreation.
1.
The applicant will consult with project landowners and WDFW regarding management of game populations and project impacts on existing and proposed hunting programs in and around the project area.
2.
Project operations and maintenance personnel will receive training from WDFW on permissible hunting practices and WDFW communications protocols.
R.
Other.
1.
All conditions enumerated in the project's mitigated determination of nonsignificance (MDNS) or EIS under the State Environmental Policy Act that are required to reduce potential impacts to a less than significant level and which are identified as such in the county staff report shall be deemed project conditions.
2.
The project shall comply with Columbia County environmental regulations per CCC Title 16, Environment.
3.
Applicant shall conduct turbine inspections in accordance with manufacturer's specifications to detect for leakage of hydraulic or lubricating fluids and shall take appropriate actions to contain leaks and remediate any materials coming into contact with the environment.
4.
Applicant will construct and operate the project with regard for RCW 7.48.300 related to the protection of agricultural and forest practices lands from nuisance lawsuits.
5.
Applicant shall consider "local preference" in its utilization of services, labor, contractors and vendors during project preparation, construction and operation activities. Local preference will be given consideration to qualified candidates in the following order of priority: (a) to those services, labor, contractors, subcontractors and vendors headquartered or residing within Columbia County as of the date of the conditional use application, (b) to those headquartered or residing within Washington counties immediately adjacent to Columbia County; (c) to those headquartered or residing within the state of Washington; and (d) to those headquartered or residing outside the state of Washington. Notwithstanding this local preference provision, the applicant retains final and absolute discretion to utilize the best qualified vendors, service providers and subcontractors to safely construct the project in conformance to all conditions of approval.
(Ord. 2025-01)
§ 18.87.070 Compliance with project conditions.
A.
Upon providing reasonable notice to the project owner or operator, county officials shall have the right to enter the project site to verify compliance with project conditions.
B.
Compliance with project conditions and code requirements is required. In addition to such other remedies available under law, any county department or other decision-maker issuing any decision, environmental determination (such as a mitigated determination of nonsignificance), approval, authorization, or other determination, including a determination on the conditions to apply to a particular project under this chapter, may conduct enforcement activities in accordance with county code and Washington law.
(Ord. 2025-01)
§ 18.87.080 Transfer of project.
The applicant may transfer its rights pursuant to the CUP approval to another party; provided, that the applicant shall give the county notice of such transfer, with a statement signed by the transferee acknowledging its assumption of all obligations pursuant to the CUP approval, and the transferee shall provide adequate bonds, letter of credit, or other securities, as required by this chapter.
(Ord. 2025-01)
§ 18.87.090 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter.
(Ord. 2025-01)