Serving Boone, Blowing Rock, Banner Elk, and other towns of the North Carolina High Country
Founded 05-05-05

February 8, 2007 issue

Another Twist in Ashe Wind Farm Debate

Story by Kathleen McFadden

The North Carolina Utilities Commission held a public hearing in Ashe County on January 25 to hear testimony regarding a proposed 25- to 28-unit wind generating facility in the Creston community. The public hearing drew a packed house, with several attendees unable to squeeze into the small courtroom and participate in the proceedings. According to the report in the Jefferson Post, 47 people spoke at the public hearing, with 30 expressing support for the project and 15 speaking in opposition. Of those speaking in support, 19 do not live in Ashe County.

Less than one week later, the Utilities Commission public staff issued a statement of position maintaining that the proposed wind farm would violate North Carolina’s Mountain Ridge Protection Act of 1983, commonly known as the Ridge Law. The position statement points out that an opinion issued by North Carolina Attorney General Roy Cooper in February 2002 held that windmills as defined in the Ridge Law includes only “the traditional, solitary farm windmill which has long been in use in rural communities” and does not include wind turbines.

Therefore, the position statement continues, under the Attorney General’s opinion, the proposed wind turbines are not windmills but are instead “tall buildings or structures” and under the terms of the Ridge Law cannot be constructed on protected mountain ridges. The wind turbines proposed for the Ashe County generating facility would be 300 or more feet each.

The public staff’s position statement calls for the Utilities Commission to deny the application.

The same day, the Attorney General’s office filed a Notice of Intervention “on behalf of the using and consuming public … for the reason that the above matter is of significant interest to the consuming public,” meaning that the AG’s office will monitor the proceedings and perhaps take action if the commission approves the project.

The outcome of the Ashe case could affect Watauga County’s Ordinance to Regulate Wind Energy Systems passed in August 2006.