Pursuant to the authority granted by House Bill 562, the Ohio Power Siting Board ("OPSB") has developed and finalized rules that govern the construction of wind facilities in Ohio that are capable of generating five or more megawatts of electricity (see Ohio Administrative Code Chapter 4906-17.) Pursuant to these rules, the wind farm developer must provide an application, which includes a project summary and overview of the proposed project to the OPSB. Further, the developer must apply for and obtain a certificate of environmental compatibility and public need from the OPSB.
Generally, the application must include a complete description of the proposed facility including, among other criteria, the type and number of wind turbines to be used, the land areas required during construction and operation of the wind facility, and the footprint, height, and blade length of each turbine. Additionally, the applicant must provide financial information about the current and proposed ownership status of the proposed project area, including rights of way, structures, and equipment.
Additional approval criteria includes set back and height requirements. For example, the developer must identify the setback distance of each turbine from nearby residences and property lines, and evaluate the noise levels expected at adjacent property boundaries. Each turbine must be located at least one and one tenth times the height of the turbine from the nearest property line, and at least seven hundred fifty feet from adjacent residences.