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September 14, 2020

Education is to expand experience

Education’s dumbing down frays the bonds of citizenship and is hardest on the poor, says E.D. Hirsch, the man who wrote the book on cultural literacy.

Interviewed by Naomi Schaefer Riley, Wall Street Journal, Sept. 11, 2020

If you have school-age children, the pandemic-induced move to online classes may give you an unusual window into their education. E.D. Hirsch expects you’ll be surprised by “how little whole-class instruction is going on,” how little knowledge is communicated, and how there is “no coherence” from day to day, let alone from year to year.

The current fashion is for teachers to be a “guide on the side, instead of a sage on the stage,” he says, quoting the latest pedagogical slogan, which means that teachers aren’t supposed to lecture students but to “facilitate” learning by nudging students to follow their own curiosity. Everything Mr. Hirsch knows about how children learn tells him that’s the wrong approach. “If you want equity in education, as well as excellence, you have to have whole-class instruction,” in which a teacher directly communicates information using a prescribed sequential curriculum.

Mr. Hirsch, 92, is best known for his 1987 book, “Cultural Literacy: What Every American Needs to Know.” It is an argument for teaching “specifics,” followed by a lengthy list of them – thousands of historical figures, events, concepts and literary works with which, in Mr. Hirsch’s view, educated Americans should be familiar. Heavily weighted toward Western history and civilization, the list provoked charges of elitism. Yet Mr. Hirsch is singularly focused on helping disadvantaged kids. They “are not exposed to this information at home,” he says, so they’ll starve intellectually unless the schools provide it.

He continues the argument in his new book, “How to Educate a Citizen,” in which he describes himself as a heretofore “rather polite scholar” who has become more “forthright and impatient because things are getting worse. Intellectual error has become a threat to the well-being of the nation. A truly massive tragedy is building.” Schools “are diminishing our national unity and our basic competence.”

Mr. Hirsch is nonetheless cheerful in a Zoom interview from a vacation home in Maine, his armchair perched next to a window with a water view. An emeritus professor at the University of Virginia, he normally resides in Charlottesville, where he continues his research and acts as the chairman of the Core Knowledge Foundation.

He cites both history and neuroscience in explaining how education went wrong. It began in the 1940s, when “schools unbolted the desks and kids were no longer facing the teacher.” Instead children were divided into small groups and instructed to complete worksheets independently with occasional input from teachers. “That was also when our verbal test scores went down and the relative ranking of our elementary schools declined on a national level.” On the International Adult Literacy Survey, Americans went from being No. 1 for children who were educated in the 1950s to fifth for those in the ’70s and 14th in the ’90s. And things have only gotten worse. Between 2002 and 2015, American schoolchildren went from a ranking of 15th to 24th in reading on the Program for International Student Assessment.

The problem runs deeper than the style of instruction, Mr. Hirsch says. It’s the concept at its root – “child-centered classrooms,” the notion that “education is partly a matter of drawing out a child’s inborn nature.” Mr. Hirsch says emphatically that a child’s mind is “a blank slate.” On this point he agrees with John Locke and disagrees with Jean-Jacques Rousseau, who thought children need to develop according to their nature. Both philosophers make the “Cultural Literacy” list, but “Locke has to make a comeback” among educators, Mr. Hirsch says. “The culture is up for grabs, and elementary schools are the culture makers.”

Mr. Hirsch is a man of the left – he has said he is “practically a socialist.” But he bristles at the idea that kids should read only books by people who look like them or live like them. He recalls how reading outside his own experience enabled him “to gain perspective.” Growing up in Memphis, Tenn., in the 1930s, he says, “there was no one I knew who wasn’t a racist.” In his teens, he picked up Gunnar Myrdal’s “An American Dilemma: The Negro Problem and Modern Democracy” (1944), which “allowed me to escape.” The Swedish sociologist’s survey of American race relations “made a huge impact” on Mr. Hirsch. “I take it as an illustration of how important knowledge is and how important it is to not necessarily become a member of your culture.”

That’s no less true in 21st-century America. “The idea that identity and ethnicity are inborn and indelible from birth is a false view that leads to group hostility,” Mr. Hirsch says. “The idea that there can be an American culture that everyone joins seems to be anathema to some academic thinkers,” Mr. Hirsch says. “But I can’t believe it’s anathema to any normal person in the country who isn’t some social theorist.” It’s fine for children to embrace their particular heritage, he says, but also vital to create an “American ethnicity.” The purpose of elementary schools “is to make children into good citizens.”

That requires knowledge that is “shared nationally, if you’re going to read and write and communicate with one another.” He’s dismayed that people keep getting hung up on the particulars. “I’m fine with arguing about whether it shall be Toni Morrison or Herman Melville. Who cares?” He calls elementary school “a nonpartisan institution,” a view that may seem quaint in an era when schools are adopting ideological curricula like the “1619 Project” and teachers are displaying “Black Lives Matter” banners as their Zoom backgrounds.

Mr. Hirsch wants to correct some of these excesses. He dedicates “How to Educate a Citizen” to the late political scientist Richard Rorty, who died in 2007. Rorty “made a distinction between the political left and the cultural left,” says Mr. Hirsch, who considers himself a man of the former but not the latter. He commends to me a 1994 New York Times article, “The Unpatriotic Academy,” in which Rorty wrote: “In the name of ‘the politics of difference,’ [the left] refuses to rejoice in the country it inhabits. It repudiates the idea of a national identity, and the emotion of national pride.” Mr. Hirsch agrees and longs for the “willingness to sacrifice for the good of society that was very strong” during his early years. “Patriotism is important because we want to make our society work.”

Mr. Hirsch also takes issue with grade schools’ focus on “skills.” Whether it is imparting “critical thinking skills,” “communication skills” or “problem-solving skills,” he says such instruction is a waste of time in the absence of specific knowledge. He describes the findings of the National Academy of Sciences on the subject of the “domain specificity of human skills.” What this means, he explains in the new book, “is that being good at tennis does not make you good at golf or soccer. You may be a talented person with great hand-eye coordination – and indeed there are native general abilities that can be nurtured in different ways – but being a first-class swimmer will not make a person good at hockey.”

He cites the “baseball study,” conducted by researchers at Marquette University in the 1980s, which found that kids who knew more about how baseball was played performed better when answering questions about a text on baseball than those who didn’t understand the game – regardless of their reading level. The conventional response in education circles is that standardized tests are unfair because some kids are exposed to more specific knowledge than others. In Mr. Hirsch’s view that’s precisely why children should be exposed to more content: Educators “simply haven’t faced up to their duty to provide a coherent sequence of knowledge to children.”

There are now about 5,000 schools in the U.S. that use some form of the Core Knowledge curriculum, developed by Mr. Hirsch’s foundation. And research suggests Mr. Hirsch is right. A recent large-scale randomized study of public-school pupils in kindergarten through second grade found that use of the Core Knowledge Language Arts curriculum had statistically significant benefits for vocabulary, science knowledge, and social-studies knowledge.

Even in poor neighborhoods, kids at Core Knowledge schools perform well and are admitted to competitive high schools. From the South Bronx Classical Charter School to the public schools in Sullivan County, Tenn., Mr. Hirsch is clearly proud that his ideas have helped the least privileged kids in America.

He questions the idea that children who are exposed to more “experiences” are at an automatic advantage. “That’s what fiction is for,” he quips. And not only fiction. “The residue of experience is knowledge,” he says. “If you get your knowledge from the classroom, it’s just as good as if you got it from going to the opera. Poor kids can catch up.” ...

Asked about the effect of the pandemic and lockdown on children’s emotional well-being, Mr. Hirsch shrugs, then offers an anecdote from a principal at a Core Knowledge school. Before classes began one morning, a second-grade girl approached him and said, “I’m so excited for [sic] today.” When the principal asked why, she said, “Because today we are going to learn about the War of 1812.”

“Gee, I wonder what that’s about,” the principal said.

“I don’t know,” the girl replied. “But today I’m going to find out!”

For Mr. Hirsch, the lesson is clear. No matter the circumstances, “kids delight in learning things.”

Ms. Riley is a resident fellow at the American Enterprise Institute and a senior fellow at the Independent Women’s Forum.

August 17, 2018

“Much of the news media is indeed the enemy of the people.”

Comments to The Commons (Brattleboro, Vt.) editorial, August 15, 2018:

Ruby Bode comments...

Yet what press operations have been “reined in and silenced”? Facebook increasingly closes down TeleSur and Venezuela Analysis, and Alex Jones and InfoWars have been shut down in a concerted action by Itunes, Youtube, Spotify, and Facebook. Many other conservative broadcasters have been removed from or “shadow-banned” by Twitter and demonetized by Youtube. It is not the President’s critics being silenced, but his supporters, along with critics of American “liberal” imperialism.

Yet this editorial ignores all that and continues to wallow in the demonization of Trump that has appeared to be the mission of most of the press since election day 2016, not in the interest of “comforting the afflicted and afflicting the comfortable” (where was that rabid sense of mission during Obama’s administration and Clinton’s campaign? where will it be when Trump’s terms are done?), but in what can only be called a naked antagonism to the results of an election. …

Ruby Bode continues...

… The advice to “think about and read your news critically” in fact provides good reason to distrust much of the press. The criticism of Trump “blaming the messenger” applies just as aptly to this editorial. Indeed, it closes in neo–John Birch Society fashion, “without the slightest hint of shame”, by evoking “a foreign hand”. The same brand of “incendiary rhetoric” – even the prurient obsession with prostitutes – was prominent against President Kennedy in 1963.

Jane Palmer replies...

Trump is not consistent in his criticism of the press. He only attacks the ones that don’t agree with him.

Ruby Bode replies...

And the only outlets that have been “reined in and silenced” are those who support the President (Infowars has been shut down in a coordinated move at Youtube, Facebook, Itunes, and Spotify, and many “conservative” Twitter users are repeatedly banned or “shadowbanned”), along with critics of “liberal” imperialism (Telesur and Venezuela Analysis have been repeatedly shut down on Facebook).

Ruby Bode further replies...

Also, Jane Palmer’s comment belies the premise behind this editorial. Trump is in fact consistent: He attacks those who unfairly attack him. His use of the broad terms “press” and “people” are the rhetorical exaggerations he is known for. Some press outlets are against some of the people, against those who voted for Trump and the increasing numbers who think he should be given a chance. And by agitating for his removal with John Birch Society–inspired hysteria, they are against our democracy itself.

TB Smith says...

The divisiveness brought on by this shamefully poor excuse for a president has been once again, borne out by this article, and the responses to it .. his most devoted followers are the most gullible and easily swayed sheeple since the “Kool-Aid party in Jonestown” ... those who stand up the most fervently to this dictator “wannabe”, will , in the end, see him and the fellow purveyors of his garbage rhetoric like FOX News, Alex Jones, Breitbart, etc., crumble and be dumped like stale crackers (pardon the pun) .. we must impeach this tyrant before too much damage is done, either from within or outside our borders.

Ruby Bode replies...

So it’s OK that access to outlets that simply recognize Trump as President is indeed being shut down? But isn’t that exactly what this editorial is against? Should outlets that cheered on Obama’s wars and love of Wall St have likewise been shut down? Only John Birch Society–inspired screeds against Trump indicate the “legitimate” press?

Ruby Bode replies again...

TB Smith’s comment in apparent support of the us-vs-them tone of this editorial illustrates why so many people distrust so much of the press (although, again, it appears to be only pro-Trump and anti-imperialist outlets that are actually being shut down): They are promulgating hysterical claims about fascism, Russians, and “crackers” not in the interest of the people, but wholly on behalf of the neoliberal/neoconservative program of Reagan, Clinton, Bush, and Obama to deny Trump the Presidency and even remove him from office – not democratically, but by coup if necessary. That makes the press rather anti-democratic and, indeed, against the people.

banar Singleton says...

Spot on...thank you for challenging those who would blanketly dismiss your opinion/facts to do their own “facts checking”. Unfortunately I fear many if not most of these sheep will be lead to slaughter thinking that they are going to the trough.
a day ago

Ruby Bode replies...

Since when does the press get a free pass? Remember the Maine? The mainstream press has always been promoting the agendas of the powerful, the parties of war and Wall St. Not questioning the criticism of President Trump (particularly as it is rarely about actual policy and is so often in apocalyptic tones) is no more responsible than not questioning the voices of support.

Bev Matias says...

Thank you for your efforts to disseminate the news of the day and resist the hate-filled and deceitful rhetoric of this administration. I cannot believe, still, in this country that it is necessary for the press and regular citizens to defend themselves. Only one quarter or less of the citizens believe a word he says yet you are forced to defend yourselves because his speech is so incendiary. The press is now officially our last line of defense.

Ruby Bode replies...

Last line of defense against what, exactly? Having to live with the results of a democratic election?

Judith Skillman says...

Excellent and informative writing about the media and about the state of our nation. We must support the press speak truth to power, now more than ever before.

Ruby Bode replies...

We are also obliged to criticize the press when they merely echo the lies of the powerful. In this case, much of the press has taken a side, not just against the policies of the President, but against the election itself on behalf of the parties of war and Wall St. Just as the US has in the past agitated in other countries for coups against democratic outcomes they don’t like, much of the press, including this editorial, is now agitating for a coup here at home.

See: “Press and editorial wallow in demonization of Donald Trump”, September 12.

April 25, 2016

Why Bernie Sanders is the best bet for winning the Presidency

Here’s why Bernie Sanders is the best bet for the Democrats winning the Presidency in November (besides the high — and always growing — negative ratings of Hillary Clinton (in contrast to Sanders’s always growing favorable ratings), the numerous and consistent polls showing Sanders doing much better than she against Trump, particularly in crucial swing states, and Clinton’s extensive baggage of ethical lapses, harmful decisions, and even criminal behavior that become increasingly exposed).

Remember that the Presidency is determined by winner-takes-all electors from each state and the District of Columbia. (Only Maine and Nebraska choose electors more proportionally.) (Also remember, regarding the results reported below, that the DNC and the Clinton machine cheated – superdelegate bullying, lying, voter suppression, limiting voting sites, disrupting voting, not counting votes, the drastic differences between exit polls and reported results, especially in districts with electronic voting machings – which got increasingly worse as Sanders’ effort to overwhelm the odds with honesty and turnout continued to succeed.)

In the 10 “blue” states that have voted so far, Sanders has won the votes by an average of 60–40. All 5 states in tomorrow’s primary are “blue”. [Update: With Clinton winning 4 of those 5 states, Sanders’ average is now 55%–45%.] The remaining “blue” states are Oregon (May 17 [update: still 55%–45%]) and California and New Jersey. The District of Columbia, also “blue”, votes on June 14 (update, July 7: 52%–48%).

In the 2 “light blue” states (where the Republican presidential candidate won 1 of the last 4 elections) that have voted so far, Iowa and New Hampshire, Sanders has won the votes by an average of 56–44. Adding them to the above, Sanders has won 59%–42% (pardon the rounding errors) of the votes [update: 55%–45%]. The only “light blue” state yet to vote is New Mexico (June 7 [update: 52%–48%]).

In the 6 “purple” states (which went for the Republican and Democrat twice each) that have voted so far, Clinton has won the votes by an average of 57–41. Adding them to the above, Sanders has still won an average of 53%–46% of each state’s votes [update: 50%–50%].

Only 1 of the 2 “light red” states (where the Republican candidate won 3 of the last 4 elections) has voted so far, North Carolina, where Clinton won the votes 55%–41%. Adding it to the above, Sanders has still won the votes in each state by an average of 51–48. The “light red” state yet to vote is Indiana (May 3). [Update: With Sanders winning Indiana 53%–48%, he has still won the votes in all of the above states by an average of 51–48 (update: 49%–50%).]

In the “red” states, Clinton has won the votes in each so far by an average of only 52–46 [update, May 11: 51–46]. Taking out the Dixie (former Confederacy) states, Sanders has won an average of 62%–36% of each “red” state’s votes [update, May 11: 61%–36%; June 7: 58%–38%], suggesting the possibility of a nascent “prairie populism” that could give Democrats a chance to win some of those states. All of the Dixie states have voted, and the “red” ones — the only block where Clinton has been consistently strong, and the source of her delegate lead — are very unlikely to go “blue”. The remaining “red” states are West Virginia (May 10 [update: Sanders won 51%–35% (local candidate Paul Farrell got 9%)]), Kentucky (May 17 [update: 46%–47%), and Montana, North Dakota, and South Dakota (June 7 [update: 51%–45%, 64%–26%, and 49%–51%, respectively).

At the Democratic Party Convention (July 25–28), 2,384 delegates are required for nomination as the party’s candidate. With 715 “super” delegates available, who are not bound by the results of the primaries and caucuses, a minimum of 1,669 “pledged” delegates (those assigned by the results of the primaries and caucuses) is needed to be a viable candidate for the nomination. Sanders crossed that threshold on June 7.

Unfortunately, not just for the Party but more importantly for the country as a whole, the Democratic establishment (ie, those superdelegates), long in the thrall of the Reaganite DLC, would probably rather lose than turn the Party over to a progressive populist who might actually steer the country into a better direction than they have done.

References:
https://en.wikipedia.org/wiki/Democratic_Party_presidential_primaries,_2016#Schedule_and_results
https://en.wikipedia.org/wiki/Red_states_and_blue_states#/media/File:Red_state,_blue_state.svg

October 4, 2014

Wind turbine setback and noise regulations since 2010

These changes in and new wind turbine regulations since 2010 do not include moratoria and bans. See also the list at Windpowergrab and the Renewable Energy Rejection Database (USA). All ordinances in USA: WindExchange (Dept. of Energy) wind energy ordinances database; NREL: Wind Ordinances, Wind Regulations by Region; NCSL: State approaches to wind facility siting (local or state-level).

[note:  1,000 ft = 305 m; 550 m = 1,804 ft; 1,000 m = 1 km = 3,281 ft = 0.62 mi; 1 mi = 1.61 km = 5,280 ft;  about decibels (dB)]

  • Pottawattamie County, Iowa, February 27, 2024:  setbacks 1/2 mi from nonparticipating homes, 1.1× height from participating homes, 1,500 ft from lot lines and public rights of way, 3 mi to incorporated municipalities, airport property, conservation partks, and habitat areas; 412 ft max height; noise limit 40 dBA 1-hour LEq 25 ft outside nonparticipating home; max 30 hours/year shadow flicker at nonparticipating home [link]
  • Slovakia, January 2024:  setback 3 km from inhabited areas [link]
  • Jefferson County, Nebraska, March 23, 2023:  setback 1 mi from nonparticipating homes, incorporated towns, schools, churches, and state-owned recreation areas [link]
  • Buffalo County, Nebraska, March 14, 2023:  setbacks 3 mi from agriculture residential zoned property, nonparticipating property, church, hospital, pool, or park, 5 mi from villages, cities, and wildlife preservation and management areas, 2 mi from burial sites, Platte River, and South Loup River [link]
  • Poland, March 2023 [effective July 2, 2024]:  setback 700 m [2,300 ft] from houses [link]
  • Iowa, January 9, 2023 [proposed]:  setback from dwelling or nonparticipating property greater of 1.5× height or 5,000 ft [link]
  • Woodbury County, Iowa, August 23, 2022:  setback from residences increased from 1,250 ft to 2,500 ft [link]
  • Stockbridge Township, Michigan, August 2022:  height limit 400 ft [link]
  • Cumberland County, Nova Scotia, June 22, 2022:  setback from dwellings increased from 600 to 1,000 m; 3.2 km from main Wentworth Valley road [link]
  • Grand Forks County, North Dakota, June 2022:  setback increased from 1/4 to 1/2 mi; shadow flicker limited to 30 h/yr [link]
  • Leroy Township, Michigan, May 8, 2022:  height limit 400 ft [link]
  • Gage County, Nebraska, Nov. 17, 2021:  noise limit at residence reduced to 40 dB (from 45) daytime and 37 dBA (from 40) nighttime (10pm–7am), or 3 dBA max 10-minute Leq above ambient [link]
  • Ohio, Oct. 11, 2021:  counties have right to veto, ban, and limit projects; several counties subsequently prohibited wind projects ≥5 MW in 2022 [link]
  • Vermillion County, Indiana, Sep. 28, 2021:  setback 2 mi from property lines and roads; noise limit 32 dBA [link]
  • Ford County, Illinois, Sep. 17, 2021:  setbacks 3,000 ft from property line, 1.5 mi from municipality; noise limit 40 dB (Laeq) 9pm–6am; no shadow flicker at neighboring residence [link]
  • Sidney Township, Michigan, July 5, 2021:  300 ft height limit; setback 3,000 ft or 5× height [sic] from nonparticipating property line or right-of-way, 2.5 mi from lake or pond; noise limits of 40 dBA Leq (1 sec) and 50 dBC Leq (1 sec) and no shadow flicker on nonparticipating property; no radio, TV, or other interference [link]
  • Pierson Township, Michigan, June 15, 2021:  setback 4× height from occupied structures and property lines, 39 dBA limit and no shadow flicker on neighboring property [link]
  • Boone County, Missouri, November 4, 2021:  80 m (~263 ft) hub height limit; setback 1,750 ft from property line or public right-of-way; noise limits at property line 50 dBA daytime (7am–10pm), 40 dBA nighttime (10pm-7am), 45 dBA adjusted total day-night (Ldn; 10 dBA added to nighttime level) [link]
  • Dakota County, Nebraska, July 26, 2021:  change of setbacks from 2,700 ft to 2 mi from neighboring residence, from 600 ft to 2 mi from wetlands and other conservation lands [link]
  • Ellington Township, Michigan, July 2021:  setbacks 5× height from property lines, 3× height from roads; 40 dBA limit and no shadow flicker on neighboring property [link]
  • Worth County, Iowa, approved by Planning and Zoning Commission June 25, 2021:  at nonparticipating property: distance greater of 1,600 ft, 3.75× height, or manufacturer’s safety distance, noise limit greater of ambient or 45 dBA/60 dBC 6am–10pm, 40 dBA/60 dBC 10pm–6am, no shadow flicker; setbacks from eagle nest greater of 1,600 ft, 3.75× height, or manufacturer’s safety distance, 1/2 mi from public recreation area, significant body of water, and habitat >40 acres, 1 mi from public recreation area [link]
  • Clarion County, Pennsylvania, May 25, 2021:  at nonparticipating residence: distance 5× height, noise limit 45 dBA, no shadow flicker [link]
  • Kansas, introduced Feb. 24, 2021:  SB 279: setbacks greater of 7,920 ft (1-1/2 mi) or 12× height from residential property or public building, greater of 3 mi or 12× height from any airport, wildlife refuge, public hunting area, or public park, and greater of 5,280 ft (1 mi) or 10× height from nonparticipating property line [link]
  • Vulcan County, Alberta, Canada, Jan. 27, 2021 [proposed]:  45 dBA noise limit at property line; 800 m setback from nonparticipating residence [link]
  • Burt County, Nebraska, 2020:  setback greater of 3.5× height or 1,800 ft from dwelling [link]
  • Wheeler County, Nebraska, Dec. 9, 2020:  5 mi setback from any dwelling, 1/2 mi distance between turbines, height limit 299 ft [link]
  • Piatt County, Illinois, Dec. 9, 2020:  46 dBA noise limit outside of homes [link]
  • Ireland, Nov. 24, 2020 [Wind Turbine Regulation Bill reintroduced]:  10× height setback from any dwelling, no shadow flicker at dwelling, noise limits per WHO community noise guidelines [link]
  • Reno County, Kansas, Nov. 19, 2020:  setback from residence greater of 2,000 ft or 4× height [link]
  • Edgar County, Illinois, Nov. 4, 2020:  increased setback to 3,250 ft from primary structures [link]
  • Piatt County, Illinois, Oct. 22, 2020 [subject to county board approval]:  increased setback from greater of 1.1× height or 1,600 ft to nonparticipating structure to greater of 1.3× height or 1,600 ft to nonparticipating property line [link]
  • Gage County, Nebraska, Sept. 9, 2020:  increased setback to nonparticipating residence from 3/8 mi to 1 mi [link]
  • Batavia Township, Michigan, Sept. 1, 2020:  height limit 330 ft [link]
  • Reno County, Kansas, Aug. 2020 [proposed]:  40-dB annual average noise limit at any principal building (participating property or not) [link]
  • Hughes County, South Dakota, Aug. 17, 2020:  setback 1/2 mi or 4.9× turbine height from any occupied structure; 45-dB noise limit [link]
  • Brown County, Nebraska, May 2020:  setback 1 mi from property lines and roads [link]
  • North Dakota, Mar. 2020 [subject to Attorney General review and approval of legislative Administrative Rules Committee]:  45 dB noise limit 100 ft from residence [link]
  • Fremont County, Iowa, May 2020 [proposed]:  setbacks 1,500 ft from participating residence, 2,000 ft from nonparticating residence, 1,000 ft from nonparticipating property line, 1 mi from incorporated cities, 3 mi from Mississippi River [link]
  • North Dakota, Mar. 2020 [subject to Attorney General review and approval of legislative Administrative Rules Committee]:  45 dB noise limit 100 ft from residence [link]
  • Honolulu (Oahu), Hawaii, Mar. 2020 [subject to full city council approval]:  setback 5 mi from nonparticipating property lines [link]
  • Matteson Township, Michigan, Mar. 4, 2020:  setbacks 1.25 mi from nonparticipating property line, 4× height to any residence; 328-ft height limit; noise limit 45 dB(A) or 55 db(C) at nonparticipating property line; no shadow flicker on nonparticipating property; allowed only in general agricultural, light agricultural, and research industrial zoning districts [link]
  • Farmersville, New York, Feb. 10, 2020:  height limit 455 ft, setbacks 3,000 ft to property line or well, 2,000 ft to roads, 1 mi to churches and schools including Amish homes and home schools; noise limit lower of 45 dBA at property line and 45 dBA outside dwelling or ambient + 10 dB(A), 10 dB added to nighttime (10pm–7am) levels; noise measurement specified, including C-weighted; shadow flicker on nonparticipating property limited to 8 hours/year and 1 hour/month; property value guarantee and decommissioning provisions [link]
  • Seville Township, Michigan, Jan. 13, 2020:  1,640-ft setback from nonparticipating property line [link]
  • Jefferson Davis Parish, Louisiana, Jan. 13, 2020:  3 mi from business or residence [link]
  • Farmersville and Freedom, New York, Jan. 6, 2020:  2019 law revoked, reverting from 600-ft height limit, 1.3× height setback at property line, and 50-dBA noise limit to 450-ft height limit.  Proposed [approved Jan. 30, 2020, by Cattaraugus County Planning Board]:  height limit 455 ft, setbacks 3,000 ft to property line, 2,000 ft to roads, 1 mi to churches; noise limit lower of 45 dBA at property line and 45 dBA outside dwelling or ambient + 10 dB(A), 10 dB added to nighttime (10pm–7am) levels; noise measurement specified, including C-weighted; shadow flicker on nonparticipating property limited to 8 hours/year and 1 hour/month; property value guarantee and decommissioning provisions [link]
  • Fell Township, Pennsylvania, Jan. 6, 2020:  setback 5× total height to property line, minimum 1,500 ft; noise limit at property line 45–55 dB, 42–52 dB 10pm–7am [link]
  • Mills County, Iowa, 2019:  height limits 80 ft, 150 ft in commercial zones, 200 ft in industrial zones [link]
  • North Rhine–Westphalia, Germany, 2019 [subject to public comment]:  setback 1.5 km from municipalities; banned from forests [link]
  • Ireland, Dec. 12, 2019 [subject to public consultation]:  setback 4× total height to residences, minimum 500 m; noise limit (L90,10 min) outside sensitive properties (e.g., residences) lesser of 5 dBA above existing 30–38 dBA background noise or 43 dBA, with penalties for tonal noise and amplitude modulation and a threshold for low-frequency noise; no shadow flicker at sensitive properties [link]
  • Sanford, New York, Dec. 10, 2019: setbacks 3× height from all permanent structures and off-site property lines, rights of way, easements, public ways, power lines, gas wells, and state lands, greater of 1,500 ft or 3× height from all off-site schools, hospitals, places of worship, places of public assembly, and residential structures; noise limits at nonparticipating property line of 45 dBA Leq (8-hour), 40 dBA average annual nighttime level, no audible prominent tone, no human-perceptible vibrations, 65 dB Leq at full-octave frequency bands of 16, 31.5, and 63 Hz, and 40 dBA (1-hour) from substation equipment; maximum shadow flicker 30 min/day, 30 h/year [link]
  • Sherwood Township, Michigan, Dec. 5, 2019:  height limit 330 ft; setbacks 5× height to nonparticipating property, 1 mi from village, 2 mi from environmentally sensitive areas [link]
  • Posey County, Indiana, Nov. 25, 2019 [subject to town and County Commission approvals]:  noise limit greater of 45 dB or 5 dB over ambient (L₉₀) at nonparticipating property line more than 10% of any hour; no shadow flicker at nonparticipating residence [link]; Jan. 3, 2021:  10 mi distance from Doppler radar site [link]
  • Thomas County, Nebraska, Oct. 2021:  setback 3 mi from property lines, roads, and wetlands; noise limit 35 dbA at residence [link]
  • Hamilton County, Nebraska, Sep. 19, 2021:  setback 2 mi from property line [link]
  • Portland, New York, Aug. 8, 2020:  setbacks 1,600 ft from residences, 1/2 mi from county parks [link]
  • Casnovia Township, Michigan, Oct. 2019:  setback 4× total height to nonparticipating property line; height limit 500 ft; 39 dBA nighttime noise limit and no shadow flicker on nonparticipating property [link]
  • Madison County, Iowa, Aug. 8, 2019:  Board of Health recommendation of 1.5 mi setback from nonparticipating property line, 2,100 ft from participating property line, 40 dBA noise limit at property line [link]; Sept. 8, 2019: County Board approves [link]
  • Montgomery County, Indiana, June 10, 2019:  setbacks greater of 2,640 ft (1/2 mi) or 5× height to property line (Board of Zoning Appeals may increase to 3,200 ft) and 1 mi from towns and schools; 32 dB(A) noise limit at property line; no shadow flicker on nonparticipating property; wells within 1 mi to be tested before and after [link]
  • Jasper County, Indiana, May 7, 2019:  setbacks greater of 2,640 ft (1/2 mi) or 6.5× height to nonparticipating property lines and 1 mi from nonparticipating existing residences, platted subdivisions, “institutional land uses” (e.g., schools), Iroquois and Kankakee Rivers, and confined feed lots; 35 dB(A) noise limit at nonparticipating property line; no shadow flicker on nonparticipating properties [link]
  • Sherwood Township, Michigan, June 13, 2019:  height limit 300 ft; setbacks 5× height to property line, 1/2 mi from water, 1 mi from Village of Sherwood, 2 mi from environmentally sensitive areas [link]
  • Monitor Township, Michigan, effective Apr. 29, 2019:  change of setback from 750 ft to 2,000 ft to nonparticipating or 1,640 ft to participating property line or right-of-way; no shadow flicker or strobe effect on nonparticipating property; no stray voltage; noise limits (Lmax) 45 dBA and 55 dBC at property line or anywhere within neighboring property, no detectable sound pressures of 0.1-20 Hz [link]
  • Worth, New York, Apr. 3, 2019:  setback 5× height to property lines, structures, and roads; 35 dB(A) noise limit during day, 25 dB(A) at night (7pm–7am) [link]
  • Kansas, introduced Feb. 12, 2019:  HB 2273: setbacks greater of 7,920 ft (1-1/2 mi) or 12× height from residential property lines or public building, greater of 3 mi or 12× height from any airport, wildlife refuge, public hunting area, or public park, and minimum 1,500 ft from any property line [link]
  • Nebraska, introduced Jan. 16, 2019 [subject to legislative approval]:  LB373: requires hosting counties to have wind ordinances restricting wind turbines within 3 mi of residence without owner’s permission and addressing noise and decommissioning [link]
  • Saline County, Nebraska, 2018:  setback 1/2 mi from neighboring dwelling; noise limit 40 dBA (10-min average) at any dwelling [link]
  • Redfield, New York, Dec. 11, 2018:  setback 5× height to property lines, structures, and roads; 35 dB(A) noise limit during day, 25 dB(A) at night (7pm–7am) [link]
  • Henry County, Indiana, Nov. 14, 2018:  setback 4 mi from town lines: Blountsville, Cadiz, Greensboro, Kennard, Lewisville, Mount Summit, Springport, Straughn, Sulphur Springs, Mooreland [link]
  • Richland, New York, Nov. 13, 2018:  setback 1 mi from property line; height limit 500 ft; 35 dB(A) (for more than 5 minutes) noise limit at residences [link]
  • Adair County, Iowa, Oct. 24, 2018:  setback 2,000 ft to nonparticipating home, 800 ft to property line [link]
  • Kosciusko County, Indiana, Oct. 16 2018:  setback greater of 3,960 ft or 6.5× height to property line, right-of-way, or power line, 1 mi from community or municipality boundary; 32 dB(A) noise limit at property line; no shadow flicker on nonparticipating property; no detectable vibration in nearby structures or that could damage wells; no interference with TV, radio, GPS, etc.; property value guarantees within 2 mi; notification to all within 5 mi [link]
  • Adams County, Nebraska, Oct. 2, 2018:  setback 2,400 ft to neighboring dwelling, 6,000 ft from turbines not owned by applicant [link]
  • Paint Township, Pennsylvania, Aug. 7, 2018:  height limit 335 ft; setback 1.5× height to buildings and roads, 2,500 ft to property line [link]
  • Greenwood, Maine, Aug. 6, 2018:  added height limit of 250 ft; lowered noise limits at nonparticipating property lines from 55 dB during day and 42 dB at night to, respectively, 35 and 25 dB; increased setback to nonparticipating property lines from 1.5× height to 1 mi per 100 ft height [link]
  • Dekalb County, Illinois, July 12, 2018 [approved by Board, 19-3, Nov. 21, 2018 (link)]:  setback 6× total height to property line, 3 mi to municipality; height limit 500 ft; noise limit of 35 dBA during day (7am–10pm) and 30 dBA at night; no shadow flicker or flash; no radiofrequency or electromagnetic interference [link]
  • North Dakota, July 1, 2018:  decommission and land reclamation plan, cost estimates, and financial assurance required [link]
  • Ingersoll Township, Michigan, May 14, 2018:  [link]
  • Beaver Township, Michigan, May 14, 2018:  setback 4× total height to property line, public roads, and transmission lines; height limit 500 ft; noise limit 45 dBA Lmax or 55 dBC Lmax (or ambient plus 5 dB if greater) at property line [link]
  • Shiawassee County, Michigan, May 8, 2018 [subject to County Board of Commissioners approval]:  setback 3.5× total height to nonparticipating property line (changed from 1.5×); height limit 450 ft (changed from 600 ft); 45 dB noise limit at property line (changed from 55 dB); no shadow flicker on nonparticipating property (changed from 20 hours/year) [link]
  • Almer Township, Michigan, Apr. 2018:  setback 4× total height to nonparticipating property line; height limit 500 ft; 45 dBA noise limit at property line; no shadow flicker on nonparticipating property; no stray voltage; decommissioning bond; all concrete to be removed [link]
  • Tennessee, Apr. 24, 2018:  setback 5× total height to nonparticipating property line; height limit 500 ft [link]
  • Miami County, Indiana, Apr. 11, 2018:  change of setback from 1,000 ft to 2,000 ft to property line [link]
  • DeWitt County, Illinois, Apr. 19, 2018:  change of setback from 1,500 ft to 2,000 ft to houses [link]
  • Pierce County, Nebraska, Mar. 26, 2018:  setback 2,700 ft to houses [link]
  • Maroa, Illinois, Mar. 26, 2018:  setback 1.5 mi from city border [link]
  • Hopkinton, New York, Apr. 26, 2018:  setback 5× total height to property line; 40 dBA noise limit at nonparticipating residence [link]
  • Burnside Township, Michigan, Feb. 26, 2018:  change of sound limit to 45 dBA Lmax (maximum) at property line [link]
  • Yates, New York, Feb. 8, 2018:  change of setback to nonparticipating property line from 3× height to greater of 6× height or 1/2 mi; greater of 6× height or 1/2 mi to residences, public rights of way, and boundaries with other towns; 1 mi to village boundaries, schools, churches, and cemeteries; 3 mi from Lake Ontario shoreline (per US Fish and Wildlife Service recommendation); change of noise limit from 45 dBA during day (7am–8pm) and 40 dBA at night to 42 dBA during day and 39 dBA at night (per Vermont Public Service Board recommendation) [link]
  • Somerset, New York, Jan. 29, 2018:  height limit 150 ft; industrial zones only; setback greater of 1/2 mi or 6× height to public roads, property lines, and residences; 3 mi from Lake Ontario shoreline; 42 dBA limit during day (7am–9pm), 35 dBA at night [link]
  • Wabash County, Indiana, Dec. 18, 2017:  32 dBA limit outside of primary structures; no vibrations detectable on nonparticipant property; no shadow flicker on nonparticipant property; setbacks 3/4 mi to nonparticipant residential structure, 1/2  to nonparticipant business structure, 3/8 mi to participant residence, greater of 1,000 ft or 2× height to public roads [link]
  • Rochester, Indiana, Dec. 4, 2017:  setback 3 mi from city limits [link]
  • Vermont, Nov. 22, 2017:  42 dBA limit 95% of the time 100 ft to nonparticipating residence during day (7am–9pm), 39 dBA at night (9pm–7am; goal to achieve interior sound level of ≤30 dB) [link]
  • Stanton County, Nebraska, Nov. 2017:  setback 2,700 ft from nonparticipating residence [link]
  • Dixfield, Maine, Nov. 7, 2017:  setbacks 2,000 ft to property line, 4,000 ft to occupied building or scenic or special resource; sound limits at property line of 42 dBA at night (7–7), 55 dBA at day within 4,000 ft; 5 dBA added to any average 10-minute sound level in which a tonal sound occurs, 5 dBA added to any average 10-minute sound level in which ≥5 short-duration repetitive sounds occur [link]
  • Clark County, South Dakota, Aug. 14, 2017 [subject to appeal ruling]:  change of setback from 1,000 ft to 3,960 ft (3/4 mi) to residences [link]
  • Antelope County, Nebraska [subject to county commission approval]:  change of setback from 2,000 ft to 2,700 ft to nonparticipating residence; maximum of 2 turbines within 4,000 ft of nonparticipating residence [link]
  • Parishville, New York, June 22, 2017:  setback 5× total height to property line; 45 dBA noise limit at nonparticipating residence during day (7am–7pm), 35 dBA at night (7pm–7am) [link]
  • Bethel, Maine, June 14, 2017:  setback 2 mi to property line; 25 dBA limit at property line 7pm–7am, 35 dBA 7am–7pm; height limit 250 ft [link]
  • Walworth County, South Dakota, May 10, 2017:  setback 2 mi to off-site residence, business, or church [link]
  • Lincoln County, South Dakota, May 2, 2017 [upheld by referendum, July 18, 2017 (link)]:  setback 1/2 mi to homes; 45 dB limit at property line; shadow flicker limits [link]
  • North Dakota, June 5, 2017:  aircraft detection required to minimize lighting at night [link]
  • Clayton County, New York, Apr. 26, 2017:  own use only; setback 5.5× height to property line [link]
  • Livingston County, Illinois, Apr. 20, 2017:  setback to participating homes changed from 1,200 ft to greater of 3,250 ft or 6× height; setback to property line 1,640 ft; state Pollution Control Board noise limits measured at residential property line [link]
  • County Westmeath, Ireland, Jan. 31, 2017:  setbacks from homes 500 m for heights >25 m to 50 m, 1,000 m for heights >50 m to 100 m, 1,500 m for heights >100 m to 150 m, and >2 km for heights ≥150 m [link]
  • Rush County, Indiana, Dec. 16, 2016:  project approved with setback 2,640 ft to nonparticipating property lines and height limit 200 ft; 32 dB limit at propertly line; no shadow flicker on neighboring property [link]
  • Wayne County, Indiana, Dec. 7, 2016:  zoning variance required for every turbine; large turbines not permitted: >100 ft tall, >50 kW, blade sweep >30 ft [link]
  • Hagerstown, Indiana, Nov. 22, 2016:  no structures over 100 ft height within 2 mi of town (extension of airport regulation) [link]
  • Sand Beach Township, Michigan, Oct. 2016 [approved by referendum, 413-80, May 2, 2017 (link)]:  40 dB limit at hosting residences during day, 35 dB at night; 35 dB and 30 dB for nonhosting residences [link]
  • Wabash County, Indiana, Oct. 17, 2016:  32 dBA limit outside of primary structures; shadow flicker at residential and business structures limited to 15 minutes per day, 4 days per year; setback 1/2 mi to nonparticipating residential or business structure [link]
  • Clayton County, New York, Sept. 27, 2016:  setback 1 mi to any structure, roadway, or property line; developers required to pay property owners for any damages or decreases in property value [link]
  • Palo Alto County, Iowa, Sept. 27, 2016:  setback 1,500 ft to dwellings and cemeteries [link]
  • L’Anse Township, Michigan, Aug. 10, 2016:  setback to nonparticipating property line (without easement) changed from 1,000 ft to 2,540 ft; height limit 500 ft [link]
  • County Laois, Ireland, Aug. 5, 2016 [augmented Mar. 29, 2017, by total ban (link)]:  setback 1.5 km to schools, dwellings, community centers, and public roads [link]
  • Newfield, New York, July 24, 2016:  setback 1,760 ft or 3× blade radius to property line without lease or easement [link]
  • Tipton County, Indiana, July 2016:  setbacks 2,640 ft from residences, 1,500 ft from property lines [link]
  • Letcher Township, South Dakota, June 8, 2016; effective July 1, 2016:  setbacks 1 mi to nonparticipating residence and 1,500 ft to property line [link]
  • Poland, May 2016 (revoked to 700 m setback March 2023):  setback 10× total height of turbine to housing [link]
  • Gage County, Nebraska, Mar. 30, 2016:  45 dB limit at nonparticipating properties during day, 40 dB at night (10pm–7am); setback 3/8 mi to nonparticipating residence [link]
  • New Hampshire, Dec. 15, 2015:  sound limits: greater of 45 dBAL90 or 5 dBA above background level during day (8–8), 40 dBA during day, greater of 40 dBAL90 or 5 dBA above background level at night at any temporary or permanent residence; shadow flicker: no more than 8 hours per year at or in any residence, learning space, workplace, health care setting, outdoor or indoor public gathering area, or other occupied building [link]
  • Freedom, Maine, Nov. 17, 2015:  13× height setback to property line, 4× height to public roads, 2,500 ft to special resources; sound limits 5 dBA above preconstruction ambient level, 40 dBA during day, and 35 dBA at night at property line, and 20 dBC above preconstruction ambient dBA level at property line and inside dwellings [link]
  • Lancaster County, Nebraska, Nov. 10, 2015:  sound limits at exterior wall of dwellings 40 dBA and 3 dBA above background (by 10-minute average, Leq,10min) from 7am to 10pm, 37 dBA from 10pm to 7am [link]
  • Boone County, Illinois, Nov. 4, 2015:  change of setback from 1,000 ft to 2,640 ft (1/2 mi) to property line [link]
  • Emmet County, Michigan, Oct. 15, 2015:  change of setback from 1,000 ft to 2,640 ft (1/2 mi) to property line [link]
  • Oklahoma, Aug. 21, 2015:  set back 1.5 mi from public school, hospital, or airport [link]
  • Catlin, New York, July 9, 2015:  height limit 400 ft;, noise limit 40 dBA at property line [link]
  • Rush County, Indiana, July 1, 2015 (upheld by trial court May 27, 2016, appeals court Feb. 14, 2017, and supreme court May 25, 2017 [link]):  project approved with change of setback to 2,300 ft to residences and property line [link]
  • Peru, Massachusetts, June 6, 2015:  height limit [link]
  • Garden Township, Michigan, June 1, 2015:  35 dBA or 50 dBC limit at property line from 10pm to 6am [link]
  • Iroquois County, Illinois, Apr. 14, 2015:  change of setback to property line from 1,500 ft to 12 rotor diameters [link]
  • Cleburne County, Alabama, Feb. 9, 2015 [needs state approval]:  2,500 ft setback to property line, 40 dB sound limit [link]
  • Howard County, Indiana, Jan. 5, 2015:  change of setback from 1,500 ft to 2,000 ft from property line and noise limit at neighboring residence from 50 dBA to 40 dBA [link]
  • Pictou County, Nova Scotia, Jan. 5, 2015:  1,000 m setback, 600 m with consent of homeowner [link]
  • Bavaria, Germany, Nov. 21, 2014:  10× height setback to homes, 800 m to other dwellings [link]
  • Adams Township, Michigan, Oct. 2014, affirmed Apr. 13, 2015 [link]:  3,000 ft setback to lines, roads, and homes [link]
  • Plympton-Wyoming, Ontario, Oct. 8, 2014; repealed under threat of lawsuit May 27, 2015 [link]:  50 dB average, +10 dB peak infrasound limit inside dwellings; 15 dBC or 20 dB infrasound limit over dBA level inside or outside dwellings; amplitude modulation limit indoors of 2 mPa RMS for 10 seconds out of any 40 seconds [link]
  • Mason County, Kentucky, Sept. 30, 2014:  wind turbines >50 kW in already-designated industrial zones only; 1 mi setback of turbines, substations, and maintenance/operation facilities to property line, residences/regularly used buildings, residential zones, rights of way, wetlands, etc.; 30 dBA and 50 dbC limits at property line [link]
  • Buckland, Massachusetts, Sept. 25, 2014:  limits of 250 kW capacity and 120 ft height, setbacks 360 ft to property line and half-mile to off-site residence [link]
  • County Offaly, Ireland, Sept. 15, 2014:  setback 2 km from towns and villages [link]
  • Fairview Township, Pennsylvania, Aug. 4, 2014:  height limit 350 ft, setbacks 1,500 ft to property lines and bodies of water, 1.1× height to roads [link]
  • Dallas County, Iowa, July 29, 2014:  setbacks 2,640 ft from residence, school, hospital, church, or public library, 2 mi from sensitive natural resource areas, wildlife management areas, prairies, wetlands, forested areas, etc.; 30 dBA noise limit at property line of any dwelling, school, hospital, church, or public library [link]
  • County Donegal, Ireland, June 30, 2014 [cancelled by Minister Oct. 6, 2016; reinstated Mar. 27, 2017]:  setback 10× tip height to places of residence or public assembly [link]
  • Ohio, June 16, 2014:  change of setback (1,125 ft from blade tip) to property line (from house) [link]
  • Schoolcraft County, Michigan, June 5, 2014:  setbacks 3,960 ft (3/4-mi) to dwellings and businesses, 1 mi to scenic areas, parks, highways; 35 dB(A) limit at property line, ambient plus 5 dB limit at dwellings [link]
  • Etowah County, Alabama, Mar. 19, 2014:  40 dB limit at property line, 2,500 ft setback from property line [link]
  • Cherokee County, Alabama, Mar. 18, 2014:  40 dB limit at property line, 2,500 ft setback from property line [link]
  • DeKalb County, Alabama:  40 dB limit at property line, 2,500 ft setback from property line [link]
  • Granville, Pennsylvania, May 5, 2014:  setbacks 2,000 ft to property line and participating residence and 2,500 ft to nonparticipating residence, 45 dBA or 45 dBC limit at property line [link]
  • Carteret County, North Carolina, Feb. 26, 2014:  change of setback to 1 mi (from 6× height), plus 275 ft height limit and 35 dB limit (for more than 5 min) at property line [link]
  • Iredell County, North Carolina:  350 ft height limit, 30 dB noise limit at property line [link]
  • Ashe County, North Carolina:  199 ft height limit [link]
  • County Offaly, Ireland, Sept. 15, 2014:  setback 2 km from towns and villages [link]
  • Kentucky, 2014:  setbacks 1,000 ft from property lines, 2,000 ft from residential neighborhood, school, hospital, or nursing home facility [link]
    • Eastern Kings, Prince Edward Island, 2013:  setbacks 4× height to participating dwelling, 3,280 ft (1,000 m) to nonparticipating dwelling [link]
    • Saxony, Germany, July 12, 2013:  setback 1,000 m to residence [link]
    • Noble County, Indiana, May 2013:  3/4 mi to residence [link]
    • Whitley County, Indiana, May 2013:  greater of 1/2 mi or 6.5× height to residence [link]
    • Woodstock, Maine, Mar. 25, 2013:  setback 1 mi to property line; 35 dBA limit at property line 7pm–7am, 45 dBA 7am–7pm [link]
    • Crook County, Wyoming, June 6, 2012:  setbacks greater of 5× height or 1 mi from residence, 1/2 mi from city or town [link]
    • Pratt County, Kansas, May 12, 2012:  3,960 ft to residence [link]
    • Wisconsin, Mar. 15, 2012:  1.1× height to property line, 1,250 ft to any residence [link]
    • Bingham County, Idaho, 2012:  3× height to property line, 1 mi platted Town sites and cities [link]
    • Haut-Saint-Laurent, Montérégie, Québéc, Jan. 9, 2013:  2 km setback [link]
    • Denmark, Dec. 15, 2011:  addition of 20 dB low-frequency (10–160 Hz) limit (day and night) inside homes [link]
    • Frankfort, Maine, Dec. 1, 2011:  1 mi setback to property line, noise limits within 2 mi 35 dB day, 25 dB night [link] [repeal rejected Nov. 4, 2014; link]
    • Victoria, Australia, Aug. 29, 2011:  2 km setback without consent of homeowner [link]; reduced to 1 km Mar. 2015 [link]
    • Umatilla County, Oregon, June 28, 2011:  change of setback to 2 mi from “urban grown boundary”, 1 mi from "unincorporated community" zones (from 3,520 ft) [link]
    • Barnstable County (Cape Cod), Massachusetts, Apr. 20, 2011:  10× rotor diameter to property line [link]
    • Centerville Township, Michigan, Aug. 18, 2010:  height limit 199 ft; setback 10× rotor diameter to property line or road; noise limits at property line 35 dBA or 5 dBA above background during day, 3 dBA above background at night, with low-frequency limits and tonality penalty [link]
    • Klickitat County, Washington, Aug. 17, 2010:  setback 1,600 ft to residences [link]
    • Allegany County, Maryland, Jan. 1, 2010:  setbacks 2,000 ft to homes, 5,000 ft to schools [link]
    • Dixmont, Maine, 2009:  setback 2,500 ft from neighboring residential property line [link]
    • Kearny County, Kansas, 2009:  setback 2,000 ft from property line [link]

    August 23, 2014

    Wind Health Impacts Dismissed in Court?

    By Eric Rosenbloom, President, National Wind Watch:

    At the renewable energy industry PR site Energy & Policy Institute, dead-ender Mike Barnard claims that whenever concerns of health impacts from industrial wind turbine noise are raised at law, they are rejected. In the 49 cases from English-speaking countries that he presents, however, only 2 involved an operating wind energy facility. And in both, the facility was found to be in violation of the law. The rest involve only the existing legal framework for approving industrial wind facilities, which involves the weighing of often competing interests — and the evidence shows most clearly that national, state, or provincial interests generally trump local concerns in the matter of energy development.

    Almost all of the remaining 47 (or 44, since 2 of them are duplicates and 1 is the transcript of the hearing for one of the listed cases) involve appeals of project approvals, and the issue concerns only the possibility of health impacts despite the government’s judgement and the developer’s reassurances. Oddly, 11 of them do not even consider health effects or they consider them only very narrowly (eg, shadow flicker, autism). And several of them recognize that should health effects occur, they should indeed be taken seriously. One of the rulings (Heritage Wind Farm Development Inc., Decision on Preliminary Question, Decision 2011-239, Alberta, 2012) dismisses the developer’s wish to operate the turbines at night, in violation of the conditions of the project approval. Another ruling (Hulme v. Secretary of State for Communities and Local Government & Anor, 2011) upholds amplitude modulation (“whooshing”) noise conditions that have prevented the developer from proceeding despite project approval.

    As stated in Fata v. Director, Ministry of the Environment (Ontario, 2014), “Tribunals are creatures of statute.” The laws guiding the permitting of large wind energy facilities are narrow and virtually arbitrary regarding setbacks and noise limits. Until the facility is actually operating, the developer’s word is golden and the regulations are generous. After construction, the resulting impacts are weighed against the burden on the developer to mitigate them. Nonetheless, as noted above, in both post-construction cases presented by Barnard, the courts ruled in favor of the plaintiffs.

    Furthermore, Barnard completely ignores the many cases that have been settled out of court, the energy company buying the plaintiff’s property rather than defending the charges of adverse health effects in public. Such settlements also typically impose gag orders on the sellers. Two examples are the purchase of several homes in Ontario and the home of Jane and Julian Davis in England.

    Then there is the non–English-speaking world. One pertinent example is from Portugal, where the Supreme Court in 2013 ordered the shutting down and removal of 4 turbines near a farm because of sleep disturbance and other health effects. In late 2011, Denmark added limits of indoor low-frequency noise to its regulations, recognizing one of the unique characteristics of wind turbine noise and its health impacts. In July 2021, the Toulouse (France) Court of Appeal rewarded a couple 110,000 euros in compensation for the health impacts from noise and flashing from neighboring wind turbines.

    Update: On March 25, 2022, the Supreme Court of Victoria, Australia, ruled that noise from the Bald Hills Wind Farm at Tarwin Lower created a nuisance to its neighbors, ordering damages and an injunction to stop emitting noise at night: “Noise from the turbines on the wind farm has caused a substantial interference with both plaintiffs’ enjoyment of their land, specifically, their ability to sleep undisturbed at night in their own beds in their own homes.”

    Update: On March 8, 2024, the High Court of Ireland ruled that noise from wind turbines in Ballyduff, Enniscorthy, Co. Wexford, created unreasonable interference to its neighbors. “I find that two features in particular of the WTN [wind turbine noise] AM [amplitude modulation] render the WTN an unreasonable interference. First, there are frequent and sustained periods during which the AM manifests typical AM values at a level widely acknowledged to be associated with high levels of annoyance. Second, this WTN displays periods of thump AM. The oral evidence of all four plaintiffs and the Webster-Rollo diary entries all suggest that thump AM, together with its association vibration, is the most intrusive quality of the WTN. This thump AM vastly adds to the nuisance posed by the wind farm. In combination, I find that this is WTN which reasonable people would find it impossible to habituate to.”

    Far from exhaustive, Barnard’s list is also not representative of legal opinion, ignoring planning decisions and regulations that consider the adverse health effects of wind turbine noise. Just one example is a North Lincolnshire project that was “rejected because of the ‘serious effect’ it would have on eight-year-old autistic twin boys living nearby”, based on the evidence from an existing project behind their home. [Also see: search for “health” and “noise” in news items at National Wind Watch tagged “victories”]


    In the tables below, only the last columns (“comments”) have been added to the originals.

    Australia

    Case Project Location Year Type Decision comments
    Cherry Tree Farm Pty Ltd. v. Mitchell Shire Council Cherry Tree Victoria 2013 Civil In favor of developer [bad link in original] permit application (allowed, with conditions, including noise limits) – “The Tribunal has no doubt that some people who live close to a wind turbine experience adverse health effects … there is not sufficient evidence to establish that the proportion of the population residing in proximity to a wind farm which experiences adverse health effects is large enough to warrant refusal of a land use that is positively encouraged by planning policy. … This view is strengthened when the proximity is required to be no less than 2 kilometres.” [emphasis added]
    Paltridge and Ors v. District Council of Grant and Anor Allendale East South Australia 2011 Environment Against developer (visual amenity) appeal of planning consent (upheld)
    Cherry Tree Farm Pty Ltd v. Mitchell Shire Council Cherry Tree Victoria 2013 Civil In favor of developer [bad link in original; apparently duplicate entry of Cherry Tree Farm Pty Ltd. v. Mitchell Shire Council (2013), above]
    Quinn & Ors v. Regional Council of Goyder & Anor Hallett South Australia 2010 Environment In favor of developer appeal of planning consent – ‘[T]he framers of the Development Plan must have known that, even in a sparsely populated rural area such as the locality of the proposed wind farm, there will be residents who will be able to hear the turbines, and a small percentage of those residents are likely to be annoyed.’ (ie, tough)
    King & Anor v. Minister for Planning; Parkesbourne-Mummel Landscape Guardians Inc v. Minister for Planning; Gullen Range Wind Farm Pty Limited v. Minister for Planning Gullen Range New South Wales 2010 Environment In favor of developer 3 appeals of project approval, none regarding health
    The Sisters Wind Farm Pty Ltd v. Moyne SC Sisters Wind Farm Victoria 2010 Civil Against developer (exceeds updated noise standards) appeal of permit refusal (dismissed) – ‘It is our view that actual adverse health effects aside from the annoyance aspects of noise impact remain unproven. We do however accept that certain individuals have a much higher sensitivity to noise than others, but the impact of noise from the turbines, which is a fluctuating rather than a steady noise, does cause significant distress even at a low noise level.’
    Acciona Energy Oceania Pty Ltd v. Corangamite SC Newfield Victoria 2008 Civil In favor of developer appeal of permit refusal (upheld) – ‘There is no evidence of health impacts that persuades us that rejection of the permit application is warranted given the proposal’s compliance with the applicable standards. [emphasis added] If there are significant issues arising then there needs to be some independent assessment and documentation leading, if required, to variations in the standards applied in Victoria.’
    Perry v. Hepburn SC Hepburn Wind Victoria 2007 Civil In favor of developer appeal of permit approval (dismissed) – ‘There is no evidence of health impacts that persuades us that rejection of the permit application is warranted given the proposal’s compliance with the applicable standards.’ [emphasis added]
    Synergy Wind Pty Ltd v. Wellington SC Yarram Victoria 2007 Civil In favor of developer appeal of permit refusal (dismissed), health concerns raised only in reference to shadow flicker
    Thackeray v. Shire of South Gippsland Toora Victoria 2001 Civil In favor of developer appeal of permit approval (dismissed), health concerns not raised
    Hislop & Ors v. Glenelg SC Cape Bridgewater Victoria 1998 Civil In favor of developer permit application (approved), health concerns not raised


    Canada

    Case Project Location Year Type Decision comments
    Fata v. Director, Ministry of the Environment Bow Lake Ontario 2014 Environment In favor of developer appeals of project approval (dismissed) – ‘Tribunals are creatures of statute.’
    13-124 Kroeplin v. MOE Armow Ontario 2014 Environment In favor of developer [bad link in original] appeals of project approval (dismissed)
    13-096 Platinum Produce Company v. MOE South Kent Ontario 2014 Environment In favor of developer appeal of project approval (dismissed)
    Drennan v. Director, Ministry of the Environment K2 Wind Huron County Ontario 2014 Environment In favor of developer appeals of project approval (dismissed)
    Ostrander Point GP Inc. and another v. Prince Edward County Field Naturalists and another Ostrander Point Ontario 2014 Higher In favor of developer [bad link in original] appeal of revocation of project approval (upheld), appeal of dismissal of appeal regarding harm to birds and alvar (dismissed), and appeal of dismissal of appeal regarding harm to human health (dismissed)
    1646658 Alberta Ltd., Bull Creek Wind Project Bull Creek Alberta 2014 Utility In favor of developer [bad link in original] application for project approval (approved)
    Wrightman v. Director, Ministry of the Environment Adelaide Ontario 2014 Environment In favor of developer appeals of project approval (dismissed)
    Bain v. Director, Ministry of the Environment Ernestown Wind Farm Ontario 2014 Environment In favor of developer [no link in original] appeals of project approval (dismissed)
    Bovaird v. Director, Ministry of the Environment Melancthon Extension Ontario 2013 Environment In favor of developer appeal of project approval (dismissed)
    Alliance to Protect Prince Edward County v. Director, Ministry of the Environment Ostrander Point Ontario 2013 Environment Against developer due to endangered turtle appeals of project approval (dismissed regarding human health; allowed regarding plant life, animal life or natural environment) – overturned in Ostrander Point GP Inc. and another v. Prince Edward County Field Naturalists and another (2014), above
    Monture v. Director, Ministry of the Environment Haldimand Summerhaven project Ontario 2012 Environment In favor of developer appeals of project approval (dismissed)
    Monture v. Director, Ministry of the Environment (Monture 2) Haldimand Grand Renewable Wind Ontario 2012 Environment In favor of developer appeals of project approval (dismissed)
    Chatham-Kent Wind Action Inc. v. Director, Ministry of the Environment South Kent Ontario 2012 Environment In favor of developer appeal of project approval (dismissed)
    Heritage Wind Farm Development Inc., Decision on Preliminary Question, Decision 2011-239 Heritage Wind Farm Alberta 2012 Utility Against developer application for variance of approval condition to shut down turbines at night (dismissed)
    Erickson v. Director, Ministry of the Environment Chatham Kent Suncor Ontario 2011 Environment In favor of developer appeals of project approval (dismissed) – ‘While the Appellants were not successful in their appeals, the Tribunal notes that their involvement and that of the Respondents, has served to advance the state of the debate about wind turbines and human health. This case has successfully shown that the debate should not be simplified to one about whether wind turbines can cause harm to humans. The evidence presented to the Tribunal demonstrates that they can, if facilities are placed too close to residents. The debate has now evolved to one of degree. The question that should be asked is: What protections, such as permissible noise levels or setback distances, are appropriate to protect human health? … Just because the Appellants have not succeeded in their appeals, that is no excuse to close the book on further research. On the contrary, further research should help resolve some of the significant questions that the Appellants have raised.’
    Hanna v. Ontario (Attorney General) Wind farm enabling legislation Ontario 2011 Higher In favor of industry challenge of provincial setback requirements (dismissed) – ‘[U]nder s. 11 of the EBR, the minister must take every reasonable step to consider all ten principles, a process which involves a policy-laden weighing and balancing of competing principles. … The health concerns for persons living in proximity to wind turbines cannot be denigrated, but they do not trump all other considerations. … It is not the court's function to question the wisdom of the minister's decision, or even whether it was reasonable. If the minister followed the process mandated by s. 11 of the EBR, his decision is unassailable on a judicial review application.’
    McKinnon v. RMs Martin and Moosomin, Red Lily Wind Red Lily Saskatchewan 2010 Civil In favor of developer motion for injunction (dismissed)


    New Zealand

    Case Project Location Year Type Decision comments
    New Zealand Wind Farms Limited v. Palmerston North City Council Te Rere Hau Palmerston North 2013 Higher In favor of developer [link same as Palmerston North City Council v. New Zealand Windfarms Limited (2012), below]
    Meridian Energy Limited v. Hurunui Bistrict and Canterbury Regional Councils Hurunui North Canterbury 2013 Environment In favor of developer application for project consent (granted)
    Palmerston North City Council v. New Zealand Windfarms Limited Te Rere Hau New Zealand 2012 Environment Against developer challenge of noise compliance (granted) – update, Dec. 2017
    Mainpower NZ Limited v. Hurunui District Council Mt. Cass Canterbury 2011 Environment In favor of developer appeal of consent refusal (upheld) – ‘we accept that there can be no guarantee of absolute protection for the health and wellbeing of their child [with autism]’ (only health concern raised)
    Rangitikei Guardians Society Inc v. Manawatu-Wanganui Regional Council Project Central Wind Taihape 2010 Environment In favor of developer [no link in original] appeal of project consent (dismissed)


    United Kingdom

    Case Project Location Year Type Decision comments
    South Northamptonshire Council & Anor v Secretary of State for Communities and Local Government & Anor Spring Farm Ridge Northamptonshire 2013 Higher Against developer appeal of upheld appeal of planning refusal (upheld), health concerns not raised
    Hulme v. Secretary of State for Communities and Local Government & Anor Den Brook Devon 2011 Higher In favor of developer appeal of conditions of redetermined planning approval (upheld appeal of dismissed appeal of upheld appeal of planning refusal (dismissed) – upheld amplitude modulation noise condition, health concerns not raised
    Barnes & Anor v. Secretary of State for Communities and Local Government Crosslands Farm Cumbria 2010 Higher In favor of developer appeal of upheld appeal of planning refusal (rejected), health concerns not raised
    Tegni Cymru Cyf v. The Welsh Ministers & Anor Gorsedd Bran Denbighshire 2010 Higher In favor of developer appeal of rejected appeal of planning refusal (upheld), health concerns not raised
    Hulme, R (on the application of) v. Secretary of State for Communities & Local Government Den Brook Devon 2010 Higher In favor of developer [hearing of Hulme v. Secretary of State for Communities and Local Government & Anor (2011), above]
    Tegni Cymru Cyf v. The Welsh Ministers & Anor Gorsedd Bran Denbighshire 2010 Higher Against developer appeal of Tegni Cymru Cyf v. The Welsh Ministers & Anor (2010), above, health concerns not raised
    The Friends of Hethel Ltd, R (on the application of) v. Ecotricity Lotus Cars Norfolk 2009 Higher In favor of developer appeal of planning permission, health concerns not raised
    North Devon District Council, R (on the application of) v. Secretary of State for Business, Enterprise & Regulatory Reform & Anor Fullabrook Down Devon 2008 Higher In favor of developer appeal and application for judicial review of planning permission (appeal dismissed, permission to apply for judicial review granted), health concerns not raised
    CRE Energy Ltd Re: A Decision Of The Scottish Ministers [2006] ScotCS CSOH_131 (29 August 2006) Borrowston Scotland 2006 Higher Against developer appeal of planning refusal, health concerns not raised


    United States

    Case Project Location Year Type Decision comments
    Town of Falmouth v. Town of Falmouth Zoning Board of Appeals & others Falmouth Massachusetts 2013 Higher Against developer motion for injunction (allowed) – turbines off 7pm-7am Mon-Sat, Sun, Thanksgiving, Christmas, New Year's – update: complete shutdown ordered in June 2017
    Lawrence J. Frigault et al., Respondents-Appellants, v. Town of Richfield Planning Board et al., Apellants-Respondents, et al., Respondent. Monticello Winds New York 2013 Higher In favor of developer appeal of upheld appeal of permit approval (upheld), health concerns not raised
    The Blue Mountain Alliance; Norm Kralman; Richard Jolly; Dave Price; Robin Severe; and Cindy Severe, Petitioners, v. Energy Facility Siting Council; and Site Certificate Holder Helix Windpower Facility, LLC. Respondents. Helix Wind Power Facility Oregon 2013 Higher In favor of developer appeal of certificate approval ignoring country setback ordinance, health concerns not specifically raised
    Friends of Maine Mountains v. Board of Environmental Protection Saddleback Ridge Maine 2012 Higher Against developer appeal of permit approval (upheld) – ‘Because the Board is responsible for regulating sound levels in order to minimize health impacts—and because when doing so it determined that the appropriate nighttime sound level limit to minimize health impacts is 42 dBA—the Board abused its discretion by approving Saddleback's permit applications.’
    Concerned Citizens to Save Roxbury et al. v. Board of Environmental Protection et al. Record Hill Maine 2011 Higher In favor of developer appeal of permit approval (dismissed)
    Application of Buckeye Wind, LLC., for a Certificate to Construct Wind–Powered Electric Generation Facilities in Champaign County, Ohio; Union Neighbors United et al., Appellants; Power Siting Board et al., Appellees Champaign County Ohio 2010 Higher In favor of developer appeal of project approval (dismissed), health concerns not raised – ‘the board acted in accordance with all pertinent statutes and regulations’
    Arthur and Elke Plaxton, Appellants v. Lycoming County Zoning Hearing Board and Laurel Hill Wind Energy, LLC. Laurel Ridge Pennsylvania 2009 Higher In favor of developer challenge of county zoning amendments (dismissed), health concerns not specifically raised
    Roberts v. Manitowoc County Board of Adjustment Twin Creeks Wind Park Wisconsin 2006 Higher In favor of developer appeal of permit approval (dismissed), health concerns not specifically raised

    wind power, wind energy, wind turbines, wind farms, human rights