Three wind turbines located a half-mile east of Fairbank will have to be taken down after the Fayette County Board of Adjustment revoked the turbines’ building permits. Based on a ruling by District Court Judge John Bauercamper, Optimum Renewables, the owner of the wind turbines, has to stop wind-generation operations by the end of June and has 180 days to find a contractor and take down the turbines at its own expense. Each turbine is estimated to cost $150,000 to take down. Submitted Photo
FCBOA revokes wind turbine building permits
By Chris Deback
cdeback@thefayettecountyunion.com
The Fayette County Board of Adjustments (BOA) voted not to grant a variance and to revoke building permits for three wind turbines owned by Optimum Renewables, LLC in Fairbank.
This saga began in 2015 when Fayette County zoning officials granted Optimum Renewables building permits to build three new wind turbines within a half-mile of a subdivision on the east side of Fairbank.
The issue centers around a 1973 Fayette County zoning ordinance, which didn’t feature specific language to govern modern-day wind turbines. Optimum Renewables was issued an allowable-use permit because Jim Burns of Decorah, an attorney Fayette County uses for zoning issues, agreed that the parameters of the project fell in line with the County’s rules and regulations for electric power transmission. He further agreed that the project didn’t require a special-use permit issued by the Board of Adjustment.
Several Fairbank residents argued during a Nov. 2, 2015, Fayette County Supervisors meeting that it isn’t transmission because the source comes from a ind turbine and that the attorney interpreted the zoning issue parameters incorrectly. They sued Fayette County and the wind turbine developer.
Optimum Renewables was allowed to continue with construction of the wind turbines despite pending litigation because its attorneys understood the risk. The three turbines were built for approximately $11 million.