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B. Local Ordinances in NC In response to recent proposals to build wind facilities, local communities in North Carolina have begun to pass local ordinances regulating the siting of such facilities. These vary in the size of turbines they regulate and the parameters placed on development. Watauga County was the first to adopt such an ordinance in August, 2006 establishing a permitting process, public input process and noise, height, and setback restrictions.65 Ashe County followed suit in July, 2007.66 In September, 2007, Camden County adopted a local ordinance67 and Currituck County adopted an ordinance in January, 2008.68 Interestingly, the Currituck County ordinance uses authority given to it in the NC Environmental Policy Act69 to require the applicant to submit an Environmental Impact Statement and for the County to submit that to applicable federal and state agencies, including DENR, the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and the Army Corps of Engineers for comment. STATE REGULATION IN FIVE STATES A. Minnesota Minnesota a consolidated state level permitting processes specifically for wind energy facilities. The state regulations apply to developments over 5 MW, include a thorough environmental review process, and preempt local zoning. The Minnesota legislature passed the Wind Facility Siting Act in 1995,7o and in 2002 the Minnesota Environmental Quality Board adopted rules for siting Large Wind Energy Conversion Systems, over 5 megawatts, though in 2007 regulatory authority was transferred to the MN Public Utilities Commission. Small wind power systems (under 5 megawatts) are subject to local jurisdiction only. The Wind Siting Act provides for an environmental review process that takes the place of review under the Minnesota Environmental Policy Act. There is no environmental review required for small wind systems under 5 MW71 Wind energy systems over 50 MW must also obtain a certificate of necessity from the Public Utilities Commission.72 For large wind systems, the state's policy is "to site large wind energy conversion systems in an orderly manner compatible with environmental preservation, sustainable development and the efficient use of resources. "73 The rules for siting large wind systems provide: (1) a clear review process, with permits issued within 180 days; (2) a consolidated permit that includes all other required site approvals; (3) a conditional permitting process in which conditions and standards for turbine design, site layout, construction activities, and operation are included in the site permit; (4) procedures for public notification and hearing; (5) enforcement procedures to respond to violations; and (6) a thorough environmental review as part of the permitting process.74 The application for a permit must contain a detailed analysis of the potential environmental impacts, proposed mitigative measures, and any adverse environmental effects that cannot be avoided. Review and public comment on this analysis constitutes the environmental review, and a permit with specific conditions is crafted based on this review. This process replaces the environmental assessment worksheet or environmental impact statement under the Minnesota Environmental Policy Act. The site permit issued under the Wind Facility Siting Act preempts all local zoning, building or land use rules, regulations or ordinances.75 Appendix C 189