Lewes windmill moratorium could clash with state law

Law forbids turbine restrictions
 
Plans to place a moratorium on residential windmill construction in Lewes might soon come to a halt. A local alternative energy specialist says any restriction on a resident’s attempt to harness wind power contradicts state law.  Lewes turbine raises questions.
 
“I’m assuming they were completely uninformed of this,” said Finn McCabe, regulatory affairs specialist for Harbeson-based Flexera Inc. House Bill 70, passed in July 2009, says no government or association may restrict a property owner from obtaining wind energy. McCabe gave testimony before the Senate as it considered the measure, and he forwarded his concerns to Lewes City Hall nearly two weeks ago.
 
Mayor Jim Ford said city council was aware of HB 70.
 
“We’re having our attorney review the possibility of us not legally enacting the moratorium,” he said. “If that’s the case, we’ll use the interpretation of the zoning code as it’s written now.”
 

McCabe said anyone wishing to raise a turbine in Lewes would have to secure both county and city permits. At the county level, he said, nearly all turbine permits go through a board of adjustment hearing. A moratorium would be overkill, he said, in light of an already-stringent process.
 

“Further restrictions are not needed,” he said. “A moratorium would be unwise and misguided.”
 

As it stands, Ford said, anyone wishing to raise a turbine would be restricted by the city’s height limit, which is 30.5 feet west of the Lewes-Rehoboth Canal, and 34 feet east of the canal. He’s not sure whether the height of a turbine would be measured at the top of the tower or the top of the blade – which is precisely the reason the moratorium was proposed. “It wasn’t to prohibit future use,” Ford said, “but to have clarity and make everything function according to the best procedures.”
 

Some doubt small turbines are a sensible investment. Board of Public Works member Jim Richmann previously said he isn’t sure residential windmills would be cost-effective for the average homeowner. McCabe said cuts to state-funded green energy incentive programs mean residents would see slimmer returns on investments in wind power.
 

“Wind is cheaper than solar to start,” he said, “but without an incentive coming in, it is harder to make financial sense for a small wind turbine.” The state grants renewable-energy certificates for every 1,000 kilowatt hours produced by alternative energy. For solar energy, McCabe said, a certificate is worth $200 to $350; for wind energy, a certificate fetches about $5.
 

Windmills like one Flexera installed at Nantucket’s Restaurant in Fenwick Island will pay for themselves in eight or nine years, he said.
 

Flexera installs green energy systems in Delaware, Maryland, Pennsylvania and New Jersey. Lewes Mayor and Council are slated to discuss the moratorium when they meet at 7 p.m., Monday, May 10, at City Hall.