Iowa Appeals Court rules against Fairbank wind farm
FAIRBANK — The Iowa Court of Appeals dealt a blow Wednesday to three wind turbines built just east of Fairbank.
The appeals court upheld a Fayette County District Court rulingthat Mason Wind and Optimum Renewables built the wind energy towers in violation of the county zoning ordinance.
County officials had concluded the wind turbines were “electrical transmission and regulating” facilities that did not require a special permit approved by the Board of Adjustment.
District Court Judge John Bauercamper in late 2016 ruled the turbines were actually electrical generating devices that did require approval from the Board of Adjustment.
Mason Wind and Optimum Renewables challenged the interpretation to the Court of Appeals, which agreed with Bauercamper.
“The question is whether or not a wind turbine that produces electricity is or is not an electrical transmission and regulation facility,” the ruling states. “… As commonly understood, this language would not encompass wind turbines.”
The protracted legal battle prompted Fayette County to amend its zoning ordinance to more clearly define the process for locating wind turbines.
The new ordinance, among other things, requires any commercial wind energy project to get approval from the Board of Supervisors; to be at least three times the tower height or 1,500 feet from any occupied building; and does not allow construction within one mile of an incorporated city without that’s city’s written permission.
The Courier reached out to attorneys on both sides of the case but did not get a response Thursday.