Bill > HB5069

This bill establishes new requirements for obtaining a siting certificate, which is a permit needed to build a wind energy system, defined as equipment that generates over 500 kilowatts of electricity from wind. Specifically, it mandates minimum distances, or "setbacks," for new wind turbines from residential properties, schools, and licensed healthcare facilities, which are all considered "residences" under this bill. The setback from a landowner's property line will be 1.1 times the total height of the turbine (including its tower and blades), and the setback from the outside wall of a residence will be 1.5 times that total height. Additionally, turbines must be set back 1.1 times their total height from paved public roads and high-capacity overhead transmission lines (115kV or greater). These setback distances are measured as a straight line from the center of the turbine. The bill also defines "owner" as anyone with a direct ownership interest in the wind energy system and "wind turbine" as the component that converts wind power to electricity. Importantly, landowners can choose to waive these setback requirements through a written agreement, allowing turbines to be placed closer. These new rules apply to applications for siting certificates filed after the bill becomes law and do not affect modifications to existing certificates issued before that date.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5069&year=2026&sessiontype=RS&btype=bill