Land “Setback” Mandates for Wind Development Impacting Landowner Rights

The Ohio Land & Liberty Coalition, an initiative of the Ohio Conservative Energy Forum, is made up of farmers, land owners and others who are concerned about protecting their property rights. We believe in being good stewards of our land. All too often, the government and outside groups have tried to impose restrictions on our ability to support our families by using our land as we see fit for energy generation without sound reasoning to justify those restrictions. A balance is necessary for the good of all.

 WHO ARE THE MEMBERS OF THE COALITION? 

 WHAT ARE WIND SETBACKS?

Wind turbine setbacks from property lines and homes were put in place 10 years ago to ensure the safety of all people who live in or near a wind farm. Those original wind turbine setback requirements were established not only to protect the health and safety of people living near them, but also to ensure that wind farms could be built, and landowners could receive a long-term, constant source of revenue from hosting a turbine on their land. In other words, they struck the perfect balance. For this reason, the Ohio Land & Liberty Coalition supports those original setbacks.

 WHY DON'T THE CURRENT WIND SETBACKS WORK?

Pre-2014, setbacks allowed for wind development. In 2014, the government took this option away from many landowners when the Ohio Legislature snuck a last-minute provision into a state budget bill with no opportunity for public comment. This provision nearly tripled the wind turbine setback distance, making the construction of a wind farm in Ohio virtually impossible. This means Ohio’s landowners have lost their rights to produce energy and to make money from energy generation on their land. The members of the Ohio Land & Liberty Coalition believe property rights are fundamental to American liberty and that balanced policies must protect all landowners—including those who want to use their land to generate energy.

 HOW CAN I TAKE BACK MY PROPERTY RIGHTS?

It’s easy—sign up to join the Ohio Land & Liberty Coalition! You can be as active as you want to be. We will send you an occasional email update on the progress of our fight to reinstate the right to use your land to generate energy and income on your land. For those who want to join this fight—we will help you get in contact with your elected officials and make sure your voice is heard in your community. We’re here to help!

The following example shows the "setbacks" that were required by previous law from a 40-acre parcel of land from a landowner who did not lease their land for wind development. Previous requirements (1.1 times height of turbine from base to tip of highest blade - approximately 550 feet from the property line on all sides) totaled 87 acres of "setbacks" onto neighboring properties of landowners who DID agree to lease their land - striking a balance where neighbors could still host a turbine on their property buy providing a significant buffer around someone who chose not to sign a lease.

 

The following example shows the "setbacks" that must occur under current law (1,125 feet plus length of blade - approximately 1300 ft from the property line on all sides) from a 40-acre parcel of land of a landowner who did not lease their land for wind development. This totals 283 acres of "setbacks" onto neighboring properties of landowners who DID agree to lease their land, not allowing them to use their land as they see fit.

 

 CURRENT LAW

 PREVIOUS LAW

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Contact: Dave Daniels | 614-400-2292 | info@ohcef.org 

 

An initiative of the Ohio Conservative Energy Forum 

www.ohcef.org