STATUTORY REFERENCE/OTHER AUTHORITY:  14 CFR 77.9; 5 V.S.A. §205 and 30 V.S.A. §246 and §248 (Nothing in these procedures obviates the need for other required permits including, but not limited to, 19 V.S.A. §1111.)

APPROVAL DATE: June 13, 2011

APPROVED BY: Brian R. Searles, Secretary of Transportation

PURPOSE/COMMENT: To provide procedure for the application process of Wind Farms, Wind Turbines or Towers in the State of Vermont near airports.

POLICY STATEMENT: It is the policy of the Vermont Agency of Transportation to evaluate all requests for the development of wind farms, wind turbines or towers in the State of Vermont in conformance with Federal and State law.  Under the Federal Aviation Administration's (FAA) Rule 14 CFR 77.13, obstacles greater than 200 feet above ground level (AGL), within 20,000 feet from the end of any useable runway must be analyzed.  Analysis is also necessary where there is a concern that a wind development may impact the functionality of any public use airport, impact air transportation safety pursuant to Criterion 5 of Act 250 or affect public investments pursuant to Criterion 9(k) of Act 250 (10 V.S.A. 6081), which are incorporated by reference in 30 V.S.A. §248, prior to any proposed construction.

Procedure:  These procedures have been developed to provide for the most efficient means of evaluating requests for the development of wind farms, wind turbines or towers in the State of Vermont and to allow for the most effective way of identifying hazards to air navigation.  The ten (10) state owned airports are public use airports.  The Federal Aviation Administration (FAA), pursuant to 14 CFR 77.13, requires that the analysis of obstacles, greater than 200 feet above ground level (AGL) or within 20,000 feet from the end of any useable runway, be made prior to any proposed construction.  In addition, the FAA requires notification prior to any construction.  It is the intent of this procedure to clearly identify how the Vermont Agency of Transportation (VTrans) will handle the review of proposed wind developments, and proposed towers of any type.

INITIAL RECEIPT THROUGH PUBLIC SERVICE BOARD: It is understood that applications for a Certificate of Public Good to develop wind farms or the installation of wind turbines or towers will be made with the Vermont Public Service Board (PSB) pursuant to 30 V.S.A. §246 or §248.  Generally developers of wind farms, wind turbines or towers will provide a copy of their petitions to VTrans as part of the Public Service Board petition process, which will be reviewed by the Aviation Program Office within the Agency of Transportation.  Initial applications may include Public Service wind farm developments, personal use grid-tied or off-grid wind turbine systems.  In addition, towers proposed by companies, other than wind farm developers, may make application with the PSB.

AVIATION PROGRAM OFFICE REVIEW OF INITIAL PETITIONS: The Aviation Program Office, within the Agency of Transportation, will utilize the following guidelines to review wind development and any other form of tower petitions:

1.  Determine whether the application describes the construction of a wind farm, a wind turbine or towers (wind development), which is:

1. greater than 200 feet AGL,
2. greater than imaginary surface extending outward and upward at a slope 100 to 1 for horizontal distance of 20,000 feet from the nearest point of the nearest runway of a public use airport, or
3. where the Aviation Program Office identifies a concern that a wind farm, wind turbine or tower development, regardless of height, may impact the functionality of any public use airport, impact air transportation safety pursuant to Criterion 5 of Act 250 or affect public investments pursuant to Criterion 9(k) or Act 250 (10 V.S.A. 6081), which are incorporated by reference in 30 V.S.A. §248.

2.   In the event the proposed wind farm, wind turbine or tower development meets or exceeds either of the criteria set forth in paragraph 1, the Aviation Program Office may request the developer to submit FAA Form 7460-1,  Notice of Proposed Construction or Alteration to the FAA with courtesy copy provided to the Aviation Program Office may seek a determination from the FAA by filing the form itself.  Any FAA response should be promptly provided to the aviation Program Office by the developer. 

3.  In the event that the FAA issues a Notice of Presumed Hazard concerning a wind farm, wind turbine or tower development, or where the Aviation Program Office identifies a concern that a wind farm, wind turbine or tower development that may impact the functionality of any public use airport, impact air transportation safety pursuant to Criterion 5 of Act 250 or affect public investments pursuant to Criterion 9(k) of Act 250 (10 V.S.A. 6081), which are incorporated by reference in 30 V.S.A. §248:

1. the Aviation Program Office, with the approval of the Operation Division Director, may request that VTrans Attorney General represent the agency in the PSB proceeding concerning the wind farm, wind turbine or tower development.
2. when the Attorney General's Office agrees to represent VTrans in a wind farm, wind turbine or tower development proceeding it will pesent the concerns of the Aviation Program Office to the board and seek appropriate relief.

COMMENT PERIODS:

1. For meteorological towers: comments must be filed with the PSB within 30 days of the date application is filed.  See 30 V.S.A. §246(c)(2); Board Order Establishing Standards and Procedures (http://psb.vermont.gov/sites/psb/files/orders/2010/246_stds_ORD.pdf).
2. For communications facilities, including towers; comments must be filed within 21 days of date application is filed.  See Board Order Implementing Standards and Procedures (http://psb.vermont.gov/sites/psb/files/orders/2009/248aStdsandProcOrder.pdf).
3. For net-metered projects (which can include wind turbines) with a capacity of 100 kW or less: comments must be filed within 30 days of the date that the application was sent to the Board and all required parties.  See Net Metering Application Form (http://psb.vermont.gov/sites/psb/files/forms/5100_Application_Form_2010.pdf).
4. For other wind turbines, including net-metered projects greater than 150 kW; either the full Section 248 process or the expedited Section 248(j) process will apply.  Deadlines for the regular Section 248 process are established on a case-by-case basis, typically at the prehearing conference.  The expedited Section 248(j) process is available for projects that are of a limited size and scope, and that don't raise a significant issue within 28 days of the initial posting of the notice on the Board's web site (see 30 V.S.A. §248(j)(2).