Law & Legal & Attorney Government & administrative Law

New York State Laws on Windmills

    Zoning Laws

    • In New York state, local municipalities are empowered to make zoning regulations, so each township or incorporated body can choose to amend its zoning laws to allow for construction of windmills. Some of the issues zoning boards must contend with include noise pollution, overhead wires, wildlife impacts and property value impacts.

    Construction and Maintenance

    • Since windmills range between 80 and 120 feet tall, New York state law concerning construction standards and safety come into play. The windmill must meet minimum strength and building codes to protect the public. Additionally, a maintenance regime must be in place to ensure the continued safe operation of the turbine.

    Noise Pollution

    • New York state law allows neighboring landowners who hear the sound of the turbines within a certain decibel level as measured outside of the dwellings to file complaints against the windmill operators. These complaints can lead to injunctions, forcing the operators to cease turbine operation until the noise pollution problem is mitigated.

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