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Appendix C Regulatory Context for Wind Facility Development in North Carolina and Five Other States This report was developed by Erin Kimrey for the North Carolina Conservation Network, as an in -depth review of the regulatory context for wind development in North Carolina. This resource is particularly helpful for understanding how wind development interacts with existing environmental regulations in the state. A brief review of additional states (MN, OR, WA, CA, VA) is also provided. All Appendices from this report have been removed for this publication. The full report can be found at: http: / /h2o.ehnr.state.nc.us/ admin /emc/ documents/ RegulatoryContextforWind- Kimreypdf This report can be cited as: Erin Kimrey, A Regulatory Framework for Wind Energy in North Carolina, Nicholas School of the Environment and Earth Sciences (2006) (unpublished masters degree project, Duke University) . Erin Kimrey, Policy Analyst North Carolina Conservation Network March 31, 2008 This paper attempts to lay out the current state -level regulatory context for utility -scale wind facility development in North Carolina. In recent months, several North Carolina counties have also adopted local ordinances regulating wind facility siting, and the North Carolina Wind Working group is drafting a model ordinance for local governments; this paper touches on those local efforts but does not discuss them in detail. At the end of the paper, five states' rules and regulations governing wind energy siting are summarized: Minnesota, Oregon, Washington, California and Virginia. Detailed footnotes provide reference documents for further information and details on the laws and regulations discussed herein. The Appendix includes a map of wind resources in North Carolina and an overlay of windy counties with local zoning regulations. REGULATORY CONTEXT FOR WIND ENERGY IN NORTH CAROLINA In North Carolina, there are four distinct settings in which wind energy facilities might be built: in the mountains, on the coastal plain, in state waters of the sound or offshore, or offshore in federal waters.l Each location carries with it different state regulatory requirements for siting. This section will explore the key existing regulations that would govern the siting of wind facilities in North Carolina in each of these locations. There are some existing state regulatory barriers to wind development both in the mountains and at the coast that will also be discussed. Appendix C 183