climatechange.lta.org Exploring Options Spring 2021Troutdale for Wind Energy and Wildfire Hazard Mitigation Ariana Buchanan • Anthony Jannelli • Sarah Adams-Schoen LAW 688 Land Use Law Spring 2021 Troutdale Exploring Options for Wind Energy and Wildfire Hazard Mitigation Ariana Buchanan Report Author • J.D. Candidate, School of Law and Fellow, Environmental and Natural Resources Center: Sustainable Land Use Project Anthony Jannelli Report Author • J.D. Candidate, School of Law and Fellow, Environmental and Natural Resources Center: Sustainable Land Use Project Sarah Adams-Schoen Assistant Professor • School of Law SCHOOL OF LAW Acknowledgments The authors of this report would like to thank the representatives of Troutdale, Chris Damgen, Community Development Director, and Arini Farrell, Associate Planner/Floodplain Manager, for the opportunity to provide input into Troutdale’s changing land use codes, and who provided support for and contributions to this project, including the students in the University of Oregon School of Law’s Spring 2021 Land Use Law course, listed below. The authors contributed time to completion of this report as student fellows of the School of Law’s Environmental and Natural Resources Law (ENR) Center’s Sustainable Land Use Project. The ENR Center brings the intellectual energy of the University of Oregon’s faculty and students to bear on some of the most challenging and cutting- edge environmental issues of our day. The Sustainable Land Use Project addresses legal issues surrounding how we develop, or not develop, lands to ensure the sustainable development of our communities. Assistant Professor Sarah Adams-Schoen serves as the faculty lead for the Project and is supported by Center staff and student fellows. This report represents original student work and recommendations prepared by students in the University of Oregon’s Sustainable City Year Program for the City of Troutdale. Text and images contained in this report may not be used without permission from the University of Oregon. Contents 4 About SCI 4 About SCYP 5 About City of Troutdale 6 Course Participants 7 Executive Summary 8 Wind Energy Development 39 Wildfire Hazard Mitigation 61 References Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation About SCI The Sustainable Cities Institute (SCI) 2. Our Urbanism Next Center, which is an applied think tank focusing on focuses on how autonomous vehicles, sustainability and cities through applied e-commerce, and the sharing economy research, teaching, and community will impact the form and function of partnerships. We work across cities. disciplines that match the complexity of cities to address sustainability In all cases, we share our expertise challenges, from regional planning to and experiences with scholars, building design and from enhancing policymakers, community leaders, and engagement of diverse communities project partners. We further extend to understanding the impacts on our impact via an annual Expert-in- municipal budgets from disruptive Residence Program, SCI China visiting technologies and many issues in scholars program, study abroad course between. on redesigning cities for people on SCI focuses on sustainability-based bicycle, and through our co-leadership research and teaching opportunities of the Educational Partnerships for through two primary efforts: Innovation in Communities Network (EPIC-N), which is transferring SCYP 1. Our Sustainable City Year Program to universities and communities (SCYP), a massively scaled university- across the globe. Our work connects community partnership program that student passion, faculty experience, matches the resources of the University and community needs to produce with one Oregon community each innovative, tangible solutions for the year to help advance that community’s creation of a sustainable society. sustainability goals; and About SCYP The Sustainable City Year Program learning courses to provide students (SCYP) is a year-long partnership with real-world projects to investigate. between SCI and a partner in Oregon, Students bring energy, enthusiasm, in which students and faculty in courses and innovative approaches to difficult, from across the university collaborate persistent problems. SCYP’s primary with a public entity on sustainability value derives from collaborations and livability projects. SCYP faculty that result in on-the-ground impact and students work in collaboration with and expanded conversations for a staff from the partner agency through community ready to transition to a a variety of studio projects and service- more sustainable and livable future. 4 About City of Troutdale About City of Troutdale Troutdale is a dynamic suburban community in Multnomah County, situated on the eastern edge of the Portland metropolitan region and the western edge of the Columbia River Gorge. Settled in the late 1800s and incorporated in 1907, this “Gateway to the Gorge” is approximately six square miles in size with a population of nearly 17,000 residents. Almost 75% of that population is aged 18-64. Troutdale’s median household beautiful natural setting, miles of trails, income of $72,188 exceeds the State and parkland and conservation areas of Oregon’s $59,393. Troutdale’s draw residents and visitors alike. The neighbors include Wood Village and City’s pride in place is manifested Fairview to the west, Gresham to the through its monthly gatherings and south, and unincorporated areas of annual events, ranging from “First Multnomah County to the east. Friday” art walks to the city’s long- For the first part of the 20th century, standing Summerfest celebration the city remained a small village serving each July. A dedicated art scene and area farmers and company workers an exciting culinary mix have made at nearby industrial facilities. Starting Troutdale an enviable destination and around 1970, Troutdale became a underscore the community’s quality of bedroom community in the region, with life. Troutdale is home to McMenamins subdivisions and spurts of multi-family Edgefield, one of Portland’s beloved residential housing occurring. In the venues for entertainment and 1990s, efforts were made to improve hospitality. the aesthetics of the community’s In recent years, Troutdale has original core, contributing to an award- developed a robust economic winning “Main Street” infill project that development program. The City’s helped with placemaking. In the 2010s, largest employers are Amazon and the City positioned itself as a jobs FedEx Ground, although the City center as it worked with stakeholders to also has numerous local and regional transform a large superfund area to one businesses that highlight unique assets of the region’s most attractive industrial within the area. Troutdale’s recent centers – the Troutdale-Reynolds business-related efforts have focused Industrial Park. on the City’s Town Center, where 12 The principal transportation link “opportunity sites” have been identified between Troutdale and Portland is for infill development that respects the Interstate 84. The Union Pacific Railroad small-town feel while offering support main line runs just north of Troutdale’s to the existing retail environment. The city center. The Troutdale area is the next 20 years promise to be an exciting gateway to the famous Columbia River time for a mature community to protect Gorge Scenic Area and Sandy River what’s loved and expand opportunities recreational areas, and its outdoor that contribute to Troutdale’s pride in pursuits. Troutdale’s appealing and place. 5 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Course Participants FIRE HAZARD MITIGATION TEAM SAMANTHA BLOUNT, J.D. Candidate GRACE BULGER, J.D. Candidate NILS GREEN, J.D. Candidate HALEY HAMPSTEAD, J.D. Candidate BENJAMIN HARDER, J.D. Candidate ALEX HUNTLEY-ROMANOW, J.D. Candidate MELISSA MCDONOUGH, J.D. Candidate KATIE MORELAND, J.D. Candidate LESLIE NEU, J.D. Candidate HAYLEY PORTER, J.D. Candidate JORDAN SHARP, J.D. Candidate JACK STAUNTON, J.D. Candidate ANNE WOLKE, J.D. Candidate WIND ENERGY TEAM FRANCIS BRUNI, J.D. Candidate ARIANA BUCHANAN, J.D. Candidate ANTHONY JANNELLI, J.D. Candidate L. MAITREYA, J.D. Candidate ALEC MARLEGA, J.D. Candidate MICHAEL O’NEIL, J.D. Candidate MICHAEL ROMANO, J.D. Candidate REZA SADEGHZADEH, J.D. Candidate RAY SCHURR, J.D. Candidate MADELINE SMITH, J.D. Candidate HILARY THERIEN, J.D. Candidate BLOSSOM VAN KINKLE, J.D. Candidate 6 Executive Summary Executive Summary In Spring 2021, the University of Oregon School of Law’s Land Use Law class, led by Professor Sarah Adams-Schoen, was tasked with analyzing and preparing two sets of suggested amendments to the City of Troutdale’s Development Code—one set of draft code amendments to facilitate the development of small-scale wind energy conversion systems (i.e., small wind turbines) and another to increase the City’s resilience to wildfire. The class was divided into four student groups with two groups of students working on each project. The following report is a compilation of the groups’ suggested code amendments and analysis. Approaches presented in the wind approaches, either of which may appeal energy development section of to Troutdale. The two approaches are this report are intended to provide presented here as Draft Ordinance A Troutdale with information to assist the and Draft Ordinance B. city in determining how to appropriately Approaches presented in the draft incorporate wind energy conversion ordinance establishing a Wildfire systems into its development code Hazard Overlay Zone are intended and permitting processes. The to balance the tremendous socio- suggested ordinance language was economic benefits of implementing designed to properly regulate and best practices against the socio- site wind energy facilities and address economic costs of implementing a potential complications that can robust hazard mitigation strategy. arise. These potential complications The students recognize that some of include aesthetic and noise impacts, the proposed approaches may not environmental impacts, socioeconomic align with Troutdale’s current scope impacts, and potential risk to wildlife or capacity; however, they are offered populations and others. The Draft A as possibilities that can be tailored to ordinance also considers small- and fit Troutdale’s specific needs. There medium-scale wind energy systems. are suggestions for language to use Suggested best practices for regulating when creating a wildfire hazard overlay wind energy systems, relevant zoning zone and supplementary development and permitting considerations, and regulations to reduce or minimize case studies of relevant examples from the potential impacts of wildfire on local communities around the country properties, the occupants of properties, are also presented. and the occupants of adjacent When assessing each proposed properties. Recommendations for how code, it became apparent the two to implement robust hazard mitigation wind energy groups developed distinct are also provided. Please note that nothing in this report constitutes legal advice. 7 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Wind Energy Development INTRODUCTION to consumers who produce more Wind energy systems offer an electricity than they consume. In rural opportunity to power a variety of or remote locations, wind energy can buildings, facilities, and homes with help a consumer avoid the high cost of reliable, renewable energy. Wind energy extending utility power lines to those systems are cost-effective, renewable, locations. Moreover, rural wind energy and viable alternatives to current consumers can avoid property damage forms of energy. According to The U.S. and other inconveniences that result Department of Energy’s (DOE’s) Wind from power outages from downed Energy Technologies Office, wind is or out-of-service power lines, thus anticipated to save consumers $280 avoiding disruptions in the availability of billion by 2050 due to the decreased energy all together. vulnerability to price spikes and supply Despite the benefits that accompany disruption in the coal and natural gas the implementation of wind energy market. Wind energy also has the systems, many municipal zoning capacity to reduce air pollution and codes fall short of promoting the mitigate the effects of climate change use of wind as an energy source. because wind energy systems do not Often, where a local code does not require the burning of fossil fuels. Per designate small- or medium-scale the DOE’s report, wind energy could wind energy systems as accessory avoid the emission of 12.3 gigatons or conditional uses, the uncertainty of greenhouse gases such as sulfur and expense of the approval process dioxide, nitric oxide, nitrogen dioxide, creates an unsurmountable barrier for and other particulate matter by 2050. homeowners, businesses, or others Wind energy systems can be who would like to offset or eliminate economically beneficial to the city their utility bill by installing a small or and the people who live there. The medium wind energy system. Barriers implementation of medium-scale wind to the adoption of a small-wind energy energy systems can also increase ordinance often include concerns employment opportunities for residents about issues that arise in the large, and municipal revenue from land utility-scale wind farm context— lease payments by increasing demand including shadow flicker, noise, for manufacturing, installation, and disruptions of scenic views, and threats maintenance. to birds and bats. Public education and Depending on the availability of engagement throughout the planning wind resources, small- and medium- and zoning process provides an scale wind energy systems can opportunity for policymakers and the lower electricity bills by 100% and public to learn about the actual impacts can even provide additional income of small- and/or medium-scale wind in communities that offer rebates energy systems. 8 Wind Energy Development Medium-scale wind energy systems processes. The document includes carry with them their own particular definitions of relevant wind energy benefits and barriers. Their ability to system components, two draft generate more power creates more ordinances, relevant zoning and options for reducing environmental permitting considerations, and case impacts on the planet and reliance on studies of relevant examples from local costly non-renewable energy sources. communities in Oregon. Large manufacturers, businesses, In general, cities and counties municipal buildings, neighborhoods, have siting authority over energy or even whole communities can be projects that are below a certain size powered by medium-scale wind. or generating capacity. The Oregon These systems do have their own Energy Facility Siting Council (“Siting unique barriers though. They are taller Council”) regulates larger energy than small wind systems, extending facilities. The thresholds for Siting sometimes 250 feet into the air or Council jurisdiction are determined more. This magnifies the issues small by the legislature and are defined wind systems contend with, including in Oregon Revised Statutes (ORS) community pushback about aesthetics, 469.300. By adopting energy sound, and safety concerns. Also, they ordinances, local governments have have high initial investment costs. the ability to affect energy siting Additionally, they need winds that have decisions on facilities that have an higher speeds and are more consistent impact on their city or county but that in order to be efficient and worth the are outside of local regulatory authority. investment. Troutdale will have to For example, the Siting Council may consider how it wants to incorporate apply local land use ordinances when it and utilize medium-scale wind energy. makes permitting decisions for energy Troutdale may choose to implement facilities under their statutory authority. medium-scale wind for municipal Thus, through the adoption of a land buildings, including schools, and/ use ordinance that addresses energy or to power part of the community of development, cities and counties Troutdale. At the very least, we suggest have an opportunity to establish local addressing medium-scale wind in the public policy that will apply not just to development code so that the city locally regulated projects, but also to all is prepared if private entities want to energy facilities within the local area. utilize medium-wind. This document seeks to provide the DRAFT WIND ENERGY ORDINANCES City of Troutdale with information on The following draft ordinances are how it can appropriately incorporate designed to properly regulate and wind energy systems into its site wind energy facilities and address development code and permitting potential complications that can arise. 9 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Key Differences Between Draft Draft Ordinance B simplifies the wind Ordinance A and Draft Ordinance B energy regulations by permitting Draft Ordinance A requires different small WECS only and subjecting all approval processes based on the scale WECS development applications to of the wind project. Varying zoning the same approval process (Type I). and siting procedures based on the Additionally, rather than providing for size and intensity of a wind energy discretionary review of applications to conversion system, the size of a lot, and develop WECS in potentially sensitive the zone designation of a lot can have areas, Draft Ordinance B sets forth the positive effect of increasing the zones in which small WECS are allowed ease of WECS installations while, at the subject to Type I approval processes same time, allowing for discretionary and zones in which small WECS are review and approval processes for not allowed. Unlike Draft Ordinance larger scale wind projects or wind A, Draft Ordinance B does not permit projects in areas that are potentially the development of medium WECS sensitive. Under this approach, Type I as accessory or conditional uses. procedures apply to the development This streamlined approach to the of a very small wind energy conversion development regulations may be systems (WECS) on any lot that is larger easier for applicants and regulators than 0.5 acres (20,000 square feet) and to understand and apply. However, a small WECS on any lot that is 1 acre by subjecting all WECS to Type I or larger (40,000 square feet). Type II procedures, allowing only small WECS, procedures apply to development of a and not providing for discretionary very small WECS on any lot that is less review of applications to site WECS than 0.5 acres (less than 20,000 square in potentially sensitive areas, fewer feet) and a small WECS on any lot that WECS may be developed under Draft is less than 1 acre. Type III procedures Ordinance B. are required for development of any medium WECS and any WECS in areas the ordinance designates as “potentially sensitive.” 10 Wind Energy Development Shared Provisions B. No WECS shall be constructed, The following provisions are reconstructed, modified, operated, recommended for both Draft or decommissioned in Troutdale Ordinance A and Draft Ordinance B. except in compliance with this subchapter. 1. Purpose and Findings C. WECS allowable under this Troutdale recognizes that wind energy subchapter must be intended is an abundant, renewable, and non- to produce energy primarily for polluting energy resource particular on-site energy consumption. to their location. Local generation Notwithstanding this requirement, of electricity from wind can also nothing in this subchapter should reduce Troutdale’s dependence on be interpreted to prohibit net nonrenewable energy resources and metering as defined in ORS decrease air and water pollution that 757.300. result from the use of conventional D. Pre-existing WECS. energy sources. Additionally, (i) WECS constructed prior implementing wind energy will to the effective date of contribute to Troutdale’s sustainability this subchapter shall and longevity. In adopting this not be required to meet ordinance, Troutdale further the requirements of this recognizes that: subchapter, except that all modifications, replacements, A. It is in the public interest to and decommissionings produce electricity in a manner of such WECS must meet that serves the needs of the the requirements of this community while minimizing subchapter for modifications, potentially negative impacts. replacements, and B. Troutdale is interested in promoting decommissionings. electricity production practices (ii) Any such pre-existing WECS that protect the natural and built which does not provide energy environment. for a continuous period of C. Troutdale is interested in 12 months shall meet the harnessing wind’s potential in its requirements of this section energy vision/plan. before recommencing D. Distributed wind energy projects production of energy. can enhance grid reliability, reduce peak power demands, and diversify 3. Definitions the locale’s energy portfolio. The following definitions apply to this subchapter. 2. Applicability A. The substantive requirements A. Distributed Wind Energy System. of this subchapter shall apply to A wind energy generating system any WECS proposed, operated, consisting of a turbine, tower and modified, or constructed after the associated equipment, intended effective date of this subchapter to to generate electricity for use on the extent they are not overridden the site where the electricity is by ORS Chapter 215. generated. 11 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation B. Freestanding Wind Turbine. A adjacent properties. Where multiple wind turbine and tower that is not lots are in joint ownership, the attached to any structure with the combined lots shall be considered base of the tower directly on the as one for purposes of applying ground. setback requirements. C. Rooftop Wind Turbine. A wind F. Total System Height. The height turbine with the turbine or base of above grade of the fixed portion of the tower directly attached to the the tower, plus the tip of the highest roof of a house or building. piece of equipment attached D. Rotor Swept Area. The rotor thereto. In the case of building- swept area is the projected area mounted towers the height of the as defined by the American Wind tower does not include the height of Energy Associated (AWEA). the building on which it is mounted. E. Site. The lot(s) or parcel(s) of G. Tower. Support structure, including land where the WECS is to be guyed, monopole, and lattice type placed including related tower support structures, upon which is and transmission equipment. The mounted a wind turbine or other site may be publicly or privately mechanical device for converting owned by an individual or group the kinetic energy in the wind into a of individuals controlling single or usable form. FIG. 1 Illustration of Various Types of Towers Lattice Pole Guyed Mast H. Tower Height. The vertical the kinetic energy in the wind measurement from the base of the into a usable form (commonly tower to the top of the tower. known as a “wind turbine”). A I. Wind Barrier. Any structure, WECS may include one or more including, but not limited to, trees wind turbines, towers, associated and buildings, that blocks the flow control or conversion electronics, of wind. transformers, maintenance J. Wind Energy Conversion System and control facilities, or other (WECS). A machine that converts components used in the system. 12 Wind Energy Development K. Wind Energy Facility. The B. Setbacks. equipment, machinery and related (i) Free-standing wind turbines infrastructure used to convert wind shall be set back by a minimum to electricity and transmit that distance equivalent to 1.1 times electricity including, but not limited tower height from all property to, any WECS, wind measurement lines and overhead utility or towers, batteries, inverters, on- transmission lines. site transmission and power lines, (ii) Free standing wind turbines access roads, and accessory shall be set back by a minimum structures. distance equivalent to 1.5 L. Wind Turbine. See Wind Energy times tower height from all Conversion System (WECS). existing residences and other structures. 4. Generally applicable development (iii) Each wind turbine shall be set standards back by a minimum distance A. Construction and Operation. equivalent to 2 times tower Wind turbines and towers shall height from the nearest school. be constructed and operated in (iv) On a single tax lot, multiple compliance with all local, state, and wind turbines shall be setback federal regulations. from each other by a minimum distance equivalent to 2 times the height of the tallest tower. (v) These setback requirements are not applicable to rooftop wind turbines. NOTE: To function, wind turbines must be tall and unobstructed, which means that issues will inevitably arise regarding the rights of abutting property owners/property lines, inhabited structures, public roads, and electrical lines. To avoid issues related to the height of WECS, Troutdale should consider requiring that wind turbines, particularly in residential districts, be “set back” a certain distance from neighboring property lines, inhabited structures, public roads, and electrical lines. Such mandated setback distances tend to reflect the concerns of neighbors, the WECS owner, and the community. EXAMPLES: • WECS shall be set back [1.5] times tower height from all existing residences on a non-participating landowner’s property. • WECS shall be set back [2] times tower height from the nearest school, hospital, church, or public library. • Each WECS shall be set back [1] times tower height from all property lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and public roads 13 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation C. Approved wind turbine design. (ii) For rooftop wind turbines, all (i) Each wind turbine shall be wiring shall be run through the equipped with both manual attached building or otherwise and automatic controls to limit out of sight from any public the rotational speed of the right-of-way. blade within the design limits of the rotor. Manual electrical F. Sound. Audible sound from wind or overspeed shutdown turbines, measured at the property disconnect switches shall be boundary shall not exceed 55 dBA. provided and clearly labeled on G. Climbing. To prevent unauthorized the wind turbine structure. No climbing, towers of freestanding WECS shall be permitted which wind turbines shall be installed lacks an automatic braking, without climbing aids for the first 12 governing, or feathering feet of the tower or pole. system to prevent uncontrolled H. Rotor Swept Area. In Residential rotation, over speeding, and zones, the maximum rotor excessive pressure on the swept area is 50 square feet. In tower structure, rotor blades, commercial/mixed use, and campus and turbine components. institutional zones, the maximum (ii) Wind turbines and towers shall rotor swept area is 150 square feet. meet all state and federal and I. Multiple WECS. Subject to the design requirements. requirements of this subchapter, multiple WECS may be deployed on D. Lighting. No wind turbine or the same lot, parcel or roof, so long tower shall be artificially lighted as the total rated capacity of the unless such lighting is otherwise combined SWECS does not exceed required by Federal or State law. A the peak demand of the extant light temporarily used to inspect buildings. a turbine, tower, and associated J. Additional Rooftop Wind Turbine equipment shall be permissible, Standards. In Residential Zones, providing the light is only used rooftop wind turbines shall not for inspection purposes and not extend more than 20 feet above the left on for an extended period of highest point of the roof. Rooftop time. Minimal ground level security wind turbine towers shall be lighting is permitted. setback from the edge of the roof E. Wiring. a minimum distance equivalent to (i) All electrical wires associated 1.5 times the height of the tower. with a wind turbine or tower, On a single roof, multiple rooftop other than wires necessary to wind turbines shall be setback from connect the wind generator each other by a minimum distance to the tower wiring, the tower equivalent to 2 times the height of wiring to the disconnect the tallest tower. junction box, and the grounding wires, shall be located underground. 14 Wind Energy Development FIG. 2 Bladeless Rooftop Wind Turbine Source: Consumer Energy Alliance, https:// consumerenergyalliance. org/2021/04/ceas-top-5- favorite-energy-stories-this- week-april-2/ 5. Abandonment Draft Ordinance A If a wind energy conversion system 1. Findings and Purpose is inoperable for two years, it shall be See Shared Provisions above. removed by the owner. 2. Applicability 6. Nuisance Exemption See Shared Provisions above. Wind energy conversion systems in compliance with this subchapter are 3. Definitions not a public or private nuisance. In addition to the shared definitions above, the following definitions are 7. Property Tax applicable to this subchapter. In accordance with ORS 307.175, a A. Size I/Very Small Wind Energy Wind Energy Conversion System in Conversion System. One wind compliance with this subchapter is turbine with a rated nameplate exempt from ad valorem property capacity of no more than 15 kW. taxation. B. Size II/Small Wind Energy Conversion System. One or more Draft Ordinance A: Approval wind turbines with a combined Procedures Based on Scale rated nameplate capacity of Draft Ordinance A Contents 100 kW or less; these facilities 1. Findings and Purpose typically consist of a single turbine 2. Applicability producing electricity for on-site 3. Definitions consumption. 4. Permitted Uses C. Size III/Medium Wind Energy 5. Development Standards Conversion System. One or more 6. Application Process and Approval wind turbines with a combined Procedure rated nameplate capacity of greater 7. Abandonment than 100 KW but no greater than 1 8. Nuisance Exemption MW; these facilities typically consist 9. Property Tax of one to several turbines producing electricity for on-site consumption. 15 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation 4. Permitted Uses larger (20,000 sq. ft. or larger) in No wind energy facility shall be residential zones, agricultural zones, constructed, reconstructed, or industrial zones, and commercial modified in the City of Troutdale except zones. in compliance with this subchapter. C. A Size I/Very Small WECS is an Where a WECS has been granted allowed accessory use subject to necessary permits, variances or other Type II review and approval on any land use authorizations by the Troutdale lot or parcel that is less than 0.5 Planning Commission and has been acres (5,000- below 20,000 Sq. Ft.) built and is operating under such in areas designated as residential authorizations, such existing use(s) zones, agricultural zones, industrial may continue under the terms of such zones, and commercial zones. authorization so long as the use is D. Notwithstanding any other part of not changed, extended, enlarged or this subchapter, a conditional use structurally altered. permit (Type III review and approval procedure) is required for any Size 4.1 Size I/Very Small Wind Energy II/Small WECS in areas designated Conversion Systems in this subchapter as “areas of A. A Size I/very small WECS is allowed potential sensitivity.” as an accessory use in all zones in E. Prior to installation of any Size I/ which structures are permitted. Very Small WECS, a building permit B. A Size I/Very Small WECS is an shall be applied for and obtained allowed accessory use subject to from the Troutdale Community Type I review and approval on any Development Department. lot or parcel that is 0.5 acres or NOTE: Some municipalities allow for the construction of very small wind turbines based on height and lot size alone. EXAMPLE: Very small WECS no shorter than 10 feet and no taller than 60 feet are permitted subject to Type II procedures on all lots no larger than 0.5 acres, and very small WECS are permitted subject to a building permit on lots larger than 0.5 acres. 4.2 Size II/Small Wind Energy parcels 1 acre (40,000 sq. ft.) Conversion Systems or larger in areas designated as A. A Size II/small wind energy system residential zones, agricultural zones, is allowed as an accessory use in industrial zones, and commercial all zones in which structures are zones. permitted. C. A Size II/small WECS is an allowed B. A Size II/small WECS is an allowed accessory use subject to Type accessory use subject to Type II review and approval on lots or I review and approval on lots or parcels smaller than 1 acre in areas 16 Wind Energy Development designated as residential zones, 4.4 Areas of Potential Sensitivity. agricultural zones, industrial zones, A. Notwithstanding any other provision and commercial zones. of this subchapter, any Size I/very D. Prior to installation of all Size II/ small WECS or Size II/small WECS small WECS, a building permit in an area of potential sensitivity shall be applied for and obtained requires site plan approval and a from the Troutdale Community conditional use permit. Development Department. B. Areas of potential sensitivity are: (i) Areas within a 100-year Flood 4.3 Size III/Medium Wind Energy Hazard zone designated V or AE Conversion Systems. zone on the FEMA Flood Maps. A. A Size III/medium wind energy (ii) Historic Landmark Protection system is allowed as a conditional areas as designated in Section use in all zones in which structures 4.200 of the Troutdale are permitted. Development Code. B. No Medium wind energy facility (iii) Land Conservation districts. shall be constructed, reconstructed, (iv) Areas within 100 feet landward or modified except pursuant to site of a tidal or freshwater wetland. plan approval and a conditional use (v) Vegetation Corridor and permit issued in accordance with Slope District designated in this subchapter. Section 4.300 of the Troutdale Development Code. NOTE: This list of potentially sensitive areas is illustrative only. The intent is to provide examples of districts where the City may, after discretionary review of the specific context of an application, deem development of a very small or small WECS to be appropriate. (vi) Airport Approach Safety Zone are exempt from all other structural designated in Section 4.100 height restrictions found in the of the Troutdale Development Troutdale Development Code. Code. B. Total system height of a Size I/ (vii) Town Center District as very small WECS and Size II/small designated in Section 4.600 WECS may be at least 30’ above of the Troutdale Development both (i) any obstruction within a Code. 500’ radius, and (ii) the surrounding tree height, and shall be allowed to 5. Development Standards be tall enough to facilitate proper functioning of the WECS based on 5.1 Generally applicable standards industry standards. See shared provisions above. C. Total system height of a Size III/ medium WECS may be no more 5.2 System Height. than [insert City of Troutdale’s A. Freestanding wind turbine towers preference]. Turbines taller in compliance with the setback than [insert City of Troutdale’s requirements of this subchapter preference] may be allowed, subject to approval of a variance. 17 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation NOTE: Zoning height limitations can prevent turbines from generating any meaningful amount of energy. Generally, the higher the turbine, the more energy it will generate. Additionally, taller WECS are harder to hear and harder to see. It would be wise to state in the ordinance that wind energy systems should have an allowable height that facilitates a reasonable amount of energy production. Some model ordinances accomplish this by stating that there is no maximum height restriction for very small and small WECS. EXAMPLE: “Maximum System Height: There is no limitation on system height, except as imposed by FAA regulations and the required setbacks.” 5.3 Aesthetics B. All signs, other than the Subject to any applicable FAA manufacturer’s or installer’s requirements, all visible components of identification, appropriate warning a Size II/small WECS or Size III/medium signs, and owner identification on WECS components shall make use of a wind generator, tower, building, materials and textures that blend the or other structure visible from device or facility into the natural setting any public right-of-way shall be and existing environment to the extent prohibited. No lettering, company possible. insignia, brand names, logo, or graphics shall be allowed on the 5.4 Blade Clearance tower or blades. Turbine blades of freestanding Size II/ small WECS or Size III/medium WECS 6. Application Process and Approval must come no closer than 30 feet from Procedure the ground or any structure or other obstruction. 6.1 Application Process A. Permitted or incidental use permits 5.5 Shadow Flicker are required for a Size I WECS Size II/small WECS and Size III/medium on any lot that is larger than 0.5 WECS shall be located in a manner that acres (20,000 square feet) and makes reasonable efforts to minimize a Size II WECS on any lot that is shadow flicker on any occupied 1 acre or larger (40,000 square residence, building, or outdoor area feet). Permitted or incidental use on a non-participating landowner’s permits are reviewed under Type I property. procedures, as defined in Section 2.005 of the Troutdale Development 5.6 Signage. Code. A. Any non-residential or commercial B. Accessory use permits are required Size II/small WECS or Size III/ for a Size I WECS on any lot that medium WECS must have a sign is less than 0.5 acres (less than that is clearly visible that warns of 20,000 square feet) and a Size II electrical shock or high voltage and WECS on any lot or parcel that is harm from revolving machinery. smaller than 1 acre (20,000 square Signage must include a 24-hour feet). Accessory use permits are emergency contact number. reviewed under Type II procedures, 18 Wind Energy Development as defined in Section 2.005 of the (vi) All other proposed WECS Troutdale Development Code. facilities on the site including C. Conditional use permits are transformers, electrical required for Size III WECS and lines, substations, storage or any WECS in potentially sensitive maintenance units, ancillary areas. Conditional use applications equipment or structures, are reviewed pursuant to Type III transmission lines, and fencing. procedures, as defined in Section (vii) The right-of-way of any public 2.005 of the Troutdale Development road that is contiguous with the Code, which allow the Planning property. Commission to attach conditions of (viii) Location of any overhead utility approval to assure compliance with lines. applicable criteria and standards, (ix) All WECS specifications, mitigate potential adverse impacts including manufacturer where such mitigation is consistent and model, rotor diameter, with an established policy of the tower height, tower type City, and conform to applicable (freestanding or guyed). legal requirements. (x) Adjoining properties within 500 feet of the site including zoning 6.2 Size I/very small WECS and Size II/ designations, residences, small WECS permit applications schools, churches, hospitals, A. The permit application for and libraries within 1,000 feet construction of Size I/very small of each tower. WECS and Size II/small WECS shall (xi) Setback lines. be accompanied by a plot plan which includes the following: B. Expiration. A permit issued pursuant (i) Name, address, and telephone to this ordinance shall expire if: number of the applicant and (i) The small wind energy system landowner and affidavit of is not installed and functioning agreement between landowner within 24-months from the date and facility owner, if any. the permit is issued; or (ii) Address or other property (ii) The small wind energy system identification of each proposed is out of service or otherwise facility including tax map unused for a continuous number, existing use and 24-month period. acreage of parcel, and zoning designation. 6.3 Size III/Medium WECS conditional (iii) Property lines and physical use permit applications. dimensions of the property. A. An applicant for a Size III/Medium (iv) Location, dimensions, and WECS Conditional Use permit must types of existing major submit an application to the City structures on the property. of Troutdale Planning Department (v) The proposed location, on the form prescribed by the elevation, and total height Department. of each WECS, including the B. An application for approval of a Size location of the proposed WECS III/Medium WECS Conditional Use tower(s). permit must include the following: 19 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation (i) A general description of the (iii) Copies of all baseline wildlife proposed energy project, studies applicable to the including a legal description project site. of the property on which the (iv) A list of permits, approvals project would be located. or other actions that the (ii) Maps showing the physical applicant has requested features and land uses of or will request from other the project area, both before government agencies or from and after construction of the public or privately-owned utility proposed energy project. The companies serving the site. applicant must include at least (v) An explanation of all one map printed on a standard construction and other 8 1/2” x 11” page. The applicant development associated with must include maps or color the proposed energy project photographs that show: and how that construction and 1. The project area boundaries. development complies with the 2. The location, height and approval standards. dimensions of all existing (vi) A transportation plan showing and proposed structures and how vehicles would access the fencing. site and describing the impacts 3. The location, grades and of the proposed energy project dimensions of all temporary on the local and regional road and permanent on-site roads system during construction and and access roads from the operation. nearest county or state- (vii) A revegetation plan for maintained road. restoring areas temporarily 4. State and federal resource disturbed during construction. lands and other protected areas (viii) A drainage and erosion near the project site. control plan for construction 5. Existing topography with and operation developed in contours that vary depending consultation with the city public on the size and slope of the works department. site. (ix) A fire protection plan for 6. Water bodies, waterways, construction and operation of wetlands and drainage the facility. channels. (x) A description of actions 7. The location of and distance the applicant would take to to residences and other noise restore the site to a useful, sensitive properties that could non-hazardous condition upon be affected by noise generated project termination. by the proposed energy project. C. Expiration. A permit issued pursuant 8. The location and distance to to this ordinance shall expire if: public or private airports or (i) The small wind energy system airstrips. is not installed and functioning within 24-months from the date the permit is issued; or 20 Wind Energy Development (ii) The small wind energy system is C. Notwithstanding paragraph 2.B., out of service or otherwise unused any such preexisting SWECS that for a continuous 24-month period. does not provide energy for a continuous period of 12 months 7. Abandonment shall meet the requirements of this See Shared Provisions above. chapter prior to recommencing production of energy. 8. Nuisance exemption D. No modification or alteration, See Shared Provisions above. excluding regular maintenance and repair, to an existing SWEC shall 9. Property tax be allowed without full compliance See Shared Provisions above. with this chapter. Draft Ordinance B: Small WECS 3. Definitions Development Under Type I In addition to the shared definitions Procedures above, the following definition is Draft Ordinance B Contents applicable to this subchapter. 1. Findings and Purpose 2. Applicability 3.1 Small-scale wind energy conversion 3. Definitions systems 4. Permitted Uses A small-scale wind energy conversion 5. Development Standards system is a wind energy conversion 6. Abandonment system that generates a maximum of 7. Nuisance Exemption 10 kilowatts kW or less of electrical 8. Property Tax current. Draft Ordinance B 4. Permitted Uses. 1. Findings and Purpose See Shared Provisions above. 4.1 Small-scale Wind Energy Conversion Systems are accessory 2. Applicability. uses in the following zone A. The substantive and procedural designations: requirements of this chapter shall A. 3.010 R-20 Single-Family Residential apply to all small-scale wind energy B. 3.020 R-10 Single-Family Residential conversion systems (SWECS) C. 3.030 R-7 Single-Family Residential that are not governed by other D. 3.040 R-5 Single-Family Residential Oregon laws which are proposed, E. 3.050 R-4 Attached Residential operated, modified, or constructed F. 3.060 A-2 Apartment Residential after the effective date of the City G. 3.100 NC Neighborhood of Troutdale’s adopting of this Commercial Proposed Ordinance. H. 3.110 CC Community Commercial B. SWECS for which a required I. 3.120 GC General Commercial permit has been properly issued J. 3.140 MO/H Mixed Office/Housing and upon which construction has K. 3.150 IP Industrial Park commenced prior to the effective L. 3.160 LI Light Industrial date of this chapter shall not be M. 3.170 GI General Industrial required to meet the requirements of this chapter. 21 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation 4.2 Prohibited Uses. Small-scale B. All signs, other than the Wind Energy Conversion Systems are manufacturer’s or installer’s prohibited in the following zones: identification, appropriate warning A. 3.130 CBD Central Business District signs, and owner identification on B. 3.180 OS Open Space. a wind generator, tower, building, C. 4.100 Airport Landing Field Overlay or other structure visible from Zone any public right-of-way shall be prohibited. No lettering, company 4.3 Procedure Type insignia, brand names, logo, or The Type I procedure, as described in graphics shall be allowed on the Section 2.050 of this Code, shall apply tower or blades. to Small-scale Wind Energy Conversion System applications. 5.3 Total System Height. A. SWECS in compliance with all 5. Development Standards setback requirements listed in this In addition to the development section are exempt from all other standards set forth in the shared structural height restrictions found provisions above, Small-scale Wind in the Troutdale Development Code. Energy Conversion Systems must meet B. In any case, the maximum total the following Development Standards. system height of SWECS shall be [insert City of Troutdale’s 5.1 Blade Clearance preference]. SWECS taller Turbine blades of freestanding wind than [insert City of Troutdale’s turbines must come no closer than 30 preference] may be allowed, feet from the ground or any structure or subject to approval of a variance. other obstruction. 6. Abandonment 5.2 Signage See Shared Provisions above. A. Any non-residential or commercial SWECS must have a sign that 7. Nuisance Exemption is clearly visible that warns of See Shared Provisions above. electrical shock or high voltage and harm from revolving machinery. 8. Property Tax Signage must include a 24-hour See Shared Provisions above. emergency contact number. 22 Wind Energy Development AMENDING THE ZONING CODE any proposed plan and code revisions Communities interested in examining under SEQR, (c) evaluating whether and potentially removing regulatory wind energy system applications should barriers to small- and/or medium-scale be subject to review by any other local wind energy should begin by reviewing boards, and (d) considering whether or their comprehensive plan to determine how to incentivize wind. how wind fits within the community’s Thus, to summarize, communities values and vision for the future. interested in examining and potentially Communities can take advantage of removing regulatory barriers to small- the planning stage to build community and/or medium-scale wind energy engagement and educate the public should consider taking the following and other stakeholders about the steps: attributes of small- and medium-scale wind. This presents an opportunity 1. Plan for Small- and/or Medium- to educate the community about the Scale Wind benefits of wind, to debunk any myths A. Engage the public—Explore values about wind that community members of the community and educate the may harbor, and to explore what risks community regarding small- and/ small- and/or medium-scale wind or medium-scale wind; be careful to energy systems pose within the context distinguish between data and other of the community. Since Oregon law information about utility-scale wind requires that zoning be in accordance versus small- and/or medium-scale with the locality’s comprehensive plan, wind the community should evaluate whether B. Add a wind energy component to add a wind energy component to to the comprehensive plan by its master plan or to adopt a policy adding a wind energy component specific to wind energy, either of which to the community’s master plan or would constitute an amendment to adopting a wind energy policy or the community’s comprehensive plan plan under Oregon law. The next step will be to assess the 2. Amend Zoning Code zoning ordinance to determine where A. Consider where small- and/or wind fits within the ordinance, define medium- scale wind fits in the wind energy systems, and amend code—for example, should the local district use regulations to allow wind, government add a wind-specific for example by specifying whether wind section to the code, or amend is allowed as an accessory use and/or existing sections where relevant to special use; add exceptions to certain address wind? limitations, such as height and setback B. Define small and medium wind limitations, as needed to facilitate wind; energy conversion systems (WECS). and define development standards for C. Amend district use regulations to the uses. allow small- and/or medium-scale To facilitate wind and its benefits, wind in all or some districts and while also preserving other values specify whether wind is allowed as important to the local community, a Principal, Accessory, Secondary, localities may also consider: a) or Special Use; additionally or amending major and minor site plan alternatively, create a small- and/or review requirements, b) evaluating medium-scale wind overlay district. 23 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation D. Other considerations (outside the Shadow flicker can be mitigated in scope of this model ordinance) Completing visual impact assessments • Consider amendment to major and making them accessible to the and minor site plan review public is considered by some to be requirements, a best practice. The required level • Consider whether to require review of detail can be adjustable, though, by other local boards, and to reflect the particular landscape, • Consider incentivizing wind. population density, and proximity to especially valued scenic vistas. To some FURTHER CONSIDERATIONS extent, the retention of high-concern Aesthetics scenic vistas could be managed by Given the City of Troutdale’s proximity exclusion zones and setback criteria. to natural beauty, policymakers and the In instances where federal funds are public will likely have concerns about used or where projects are on federal the aesthetics of wind turbines. Some lands, the process for determining cities respond to such concerns by potential aesthetic impacts is relatively prohibiting wind development along well defined under the National ridgelines or limiting the height of wind Environmental Policy Act (NEPA). turbines. Unfortunately, such limitations In other areas, clear definitions of can end up making wind development geographic scope and video or photo untenable, and may not even be simulations have been required. For warranted in the small- or medium- medium-scale wind projects, early scale wind context. To maximize energy engagement of nearby property owners productivity, wind turbines need to be and residents, effective and accurate located where there is a substantial forecasting of a project’s visual wind resource, which requires wind impact, and factual discussions with turbines to be located well above landowners and community residents surrounding obstructions like trees or are essential to maintain public buildings; in ridge installations, this will trust around the potential project. likely be along the ridgeline. A robust Utilizing similar turbine types to create public education and participation consistency and uniformity within a process is therefore critical to project, selecting turbines of higher addressing aesthetic concerns and generating capacity to require fewer educating the public and policymakers turbine installations for a given energy about wind energy technology and the output, and placing as much electrical actual visual impacts of small- and/or infrastructure below grade as possible medium-scale wind turbines—which, may also help to minimize aesthetic unlike utility scale turbines, are often concerns. difficult to see from a distance. 24 Wind Energy Development Net-Metering, ORS 757.300 Fencing Net-metering describes the process WECS owners could consider fencing through which a renewable energy around the WECS to deter unauthorized producer can sell back to the utility use of the WECS. However, fencing is excess energy that the producer does itself climbable and presents its own not need to meet its energy needs. problems related to attractive nuisance. The statute enables customers to Moreover, fencing also prevents quick participate in net-metering and requires access to WECS in an emergency. Thus, utility companies to allow net-metering less cumbersome alternatives should and thus the flow of energy in both be considered first. directions. Section 8 of the statute clarifies that residential customers are Ladder, step, and rung restrictions limited to selling back to the utility no The city of Troutdale should consider more than 25 KW/year. mandating that ladders, steps, and The full text of the statute can be rungs be removed and/or safely locked found here: https://www.oregonlaws. to prevent unauthorized use. Moreover, org/ors/757.300. Troutdale should consider mandating that all access points to accompanying Safety Considerations electrical equipment be locked. Attractive Nuisance Critics of WECS often voice concerns Signage that WECS could potentially be a The city of Troutdale should consider dangerous climbing temptation requiring WECS owners install that could result in injury and costly appropriate warning signs on wind litigation. Thus, the city of Troutdale turbine towers, generators, and other should consider the following accompanying structures. requirements that tend to prevent issues related to attractive nuisance. Note that these concerns may not be applicable to a very small or small WECS. EXAMPLE (DWEA Model): “Danger, High Voltage” sign shall be installed where it is clearly visible by persons standing near the tower base. EXAMPLE (Sabin Center/City of Augusta): There shall be clearly visible signs on all WECS, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include a 24-hour emergency contact number. 25 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Ice Shedding/Throw drawing of the electrical components A wind turbine blade is an airfoil. in sufficient detail to allow for a Airplane wings must be de-iced determination that the manner of because the wing will lose its installation conforms to the NEC. aerodynamic qualities if coated with ice; the same is true for a wind turbine Shadow Flicker blade. Just a small layer of ice will cause Another often-cited concern related to a small- or medium-sized wind turbine WECS is shadow flicker, which occurs blade to lose its ability to create lift and when shadows of the rotating blades will thereby inhibit the turbine from pass over objects or cross a window. A spinning. Thus, because ice inhibits the viewer can only see the shadow flicker blades from spinning, the risk of ice when the turbine is between the sun landing at a specific location reduces and the viewer or when the blades are very quickly with distance and any risk perpendicular to the line between the related to shedding ice is generally sun and the viewer. On cloudy days, limited to the area immediately beneath there is usually no flicker. Shadow the turbine. Therefore, the risk of ice flicker is also dependent upon wind impacts can be mitigated by calculating direction and time of day. Although the maximum distance that ice can be shadow flicker presents a real concern thrown and locating turbines away from for larger-scale systems, shadow any occupied structure, road, or public flicker is seldom an issue for small and use area. medium wind turbines because the maximum distance that a shadow can Structural and Electrical Failure be cast is 15 rotor diameters (e.g., 315 Requiring code compliance that feet for a 10-kw turbine). Accordingly, applies to installation or construction of shadow flicker is not generally accessory use structures will typically recognized as an issue for smaller scale be sufficient to protect the private and wind energy projects. As a result, very public interests in safe and reliable few ordinances address shadow flicker. installations of size I and size II WECS. Among the few that address shadow To ensure the structural and electrical flicker, municipalities tend to limit the integrity of such WECS, Troutdale number of hours per year or minutes should consider requiring that owners per day of shadow flicker, stipulate of WECS comply with federal or that landscaping or other land uses international standards (National be designed to counter the effects Electric Code, International Building of shadow flicker, or require that a Code) or implement more stringent shadow flicker analysis be conducted regulations in local electrical and to determine the extent of the shadow building codes. flicker on neighboring structures. DWEA Example Shawano County, Wisconsin Example Compliance with National Electrical The facility shall be designed such that Code (NEC): The installation of a shadow flicker or blade glint will not fall Small Wind Energy System shall on, or in any existing sensitive receptor. comply with section 694 (or the Shadow flicker or blade glint expected most-current applicable section, if to fall on a roadway, or a portion of a updated) of the NEC. Applications residential parcel may be acceptable must be accompanied by a single line under the following circumstances: 26 Wind Energy Development 1. The flicker or glint will not exceed C. Except during short-term events 10 hours per year. like storms and utility outages, 2. The flicker or glint will fall more than Troutdale should consider 100 feet from an existing residence. restricting WECS sound pressure 3. The traffic volumes are fewer levels, so they do not exceed the than 500 vehicles per day on the definition of “nuisance noise” as roadway. established by existing zoning code. Banks County, Michigan Example (i) Example (Town of Barre, Town Landscaping shall be designed to of Concord): The noise level counter the effects of shadow flicker generated by a WECS shall on any neighboring residences or not exceed [45] A-weighted roadways caused by the rotor rotation decibels (“dBA”) for more than in the sunlight. six minutes out of any one- hour time period, or exceed Long Lake, Michigan Example 50 dBA for any time period, as During the impact analysis of the large measured at the [site property WECS, written documentation shall line] of a non-participating be provided projecting 1) the shadow residence. flicker on any existing structures (ii) Example (Town of Holland): located off the property on which the The noise level generated by a large system will be constructed, and 2) WECS must also not increase the extent and duration of the shadow ambient sound levels by more flickers on these existing structures. than 3 dBA at any sensitive noise receptors, including Sound residences, hospitals, libraries, Modern Turbines emit sound that is schools, and places of worship, barely discernible from ambient noise. within 2,500 feet of the site Sound from traffic, rustling trees, property line. airplanes, and people often mask the dull “white noise” of a Size I and II Tax Incentives WECS. However, people will inevitably Tax incentives can encourage the object to construction of WECS based installation of wind turbines and on noise concerns. Thus, the City of other alternative energy devices. Troutdale consider including noise- Tax incentives can also play a key related provisions in its code. Examples role in fostering the support of local include: governments and building enthusiasm for the development of wind energy. A. Requiring description and map of These tax credits can take a variety of a wind project’s noise producing forms at the federal, state, and local features and the noise-sensitive level. Specifically, Oregon provides for environment, including the range this in two ways. First, Oregon provides of noise levels and the tonal and a state level tax credit for specific frequency characteristics expected. alternative energy devices, and a B. Restricting WECS noise production reduction in the ad valorem tax caused to a statutorily defined level by the installation of an alternative (ordinances typically cap noise energy device. levels at 45-60dBA). 27 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Oregon regulations permit a tax studies have found turning turbines off credit for wind turbines that does not for 30 minutes before sunset and after exceed the lesser of $6,000 or 50 sunrise can protect bat populations. percent of the installation costs. While Additionally, aviation nest intervention this has a minimal impact for Troutdale and anti-perch devices can be effective specifically, may be worthwhile to deterrents for birds. consider implementing some of the The impact of wind turbines on Oregon requirements to maintain trees and on other wildlife due to consistency. These regulations lay out sounds is likely mitigated by the siting, construction, warranty, and other proposed ordinance. Trees can also be requirements. a significant concern in implementing Additionally, ORS 307.175, for ad wind turbines. However, the setback valorem tax purposes, does not assess and height requirements will ensure any property value increase caused that damage to trees is very unlikely. by the installation of an alternative The sound restriction will also help energy device. As above, the included ensure that the sound of wind turbines reference is due to the additional does not have a significant detrimental requirements imposed at the state impact on wildlife. level. Troutdale could also implement a Troutdale follows ordinances from similar system for any local ad valorem the Metro Urban Growth Management property tax or decide to expand the Functional Plan. See section 3.07.1330. tax credit. The text in the proposed (https://www.oregonmetro.gov/urban- ordinance is based on the language of a growth-management-functional-plan). Pennsylvania zoning ordinance. Other plans, including the Park Master Plan, Sandy River, and Multnomah Wildlife Protection County Multi-Jurisdictional Natural Ensuring that wildlife is significantly Hazards Mitigation Plan, discuss wildlife protected is important to local protection policies, specifically in governments, wind advocates, and wildlife protection areas (https://www. Oregonians in general. In pursuit of troutdaleoregon.gov/commdev/page/ this goal, the proposed ordinance has plans-reports). a broad provision that allows Troutdale to adapt its policies and provision to Avian and Bat Harm Mitigation protect its unique wildlife. Designing wind turbines so that they While each city or area will encounter are easier for birds to see and avoid. different problems relating to wildlife Promising research has demonstrated and wind turbines, birds and bats are that there are straightforward and often the most impacted animals. cost-effective solutions that materially That said, studies have indicated decrease avian fatality as the result of the wind turbines pose a minimal increased visibility and detectability. threat to birds and bats. Further, the Painting a single blade of the turbine energy savings that alternative energy black has shown effective decreases systems can provide often provide in the death of birds. Furthermore, greater benefits to wildlife than any research has also shown that an anti- potential harm. Any potential harm motion-smear patterns painted on all can be further mitigated through the three blades mitigate avian fatalities. use of various proactive steps by the Anti-motion smear patterns constitute local government. For example, some “a black bar on one blade that is not 28 Wind Energy Development repeated in the same location on the 1. Siting individual turbines away from other two blades.” Implementing either topographic features that attract of these method is easiest and most concentrations of large raptors. cost-effective before the wind turbine is 2. Siting turbines in areas that do not installed; however, retroactive painting degrade habitat or threaten species. of one or more blades would also help reduce fatalities, albeit with additional RESOURCES AND FUNDING costs and burdens. AVAILABLE FOR WIND TURBINE PROJECTS Curtailing blade rotation at low When exploring options for funding wind speeds during peak seasons wind turbine projects in Troutdale, of bat activity results in substantial the city should consider applying for reductions in the fatality of bats. grants and/or assistance from Portland During the summer through the late fall, General Electric as well as the Energy turning off wind turbines at dusk and Trust of Oregon. Although approval night when wind speeds were below is not guaranteed, both entities have 6.5 meters/second can significantly opportunities for Troutdale to receive reduce bat fatality. A study showed a funding specifically for these renewable reduction in fatality by 44 to 93 percent projects and they offer a promising way while only causing a less than one to make these goals a feasible reality. percent reduction in power generation. PGE’s Renewable Development Fund Ultra-sonic “boom boxes” deter bats PGE has a program wherein customers from getting too close to turbines. can elect to pay additional money This technology emits “continuous in order to support and promote high-frequency sounds from 20 to 100 renewable energy. PGE uses this money kilohertz,” which interferes with the to purchase renewable energy credits bats’ use of echolocation and therefore (RECs). Since the program must be keeps the bats away at a safe distance. revenue neutral, any extra money above the cost of the REC’s goes directly to Siting Wind Turbines and the Need to the Renewable Development Fund. This Protect Habitats and Species fund operates like a grant fund where The location of proposed wind PGE will fund up to 85% of the costs turbines is crucial and must be associated with a renewable energy carefully chosen. When deciding, project. Troutdale should take into account the Municipalities must submit an vegetation and/or habitat that may be application and receive approval infiltrated or degraded if a wind turbine from PGE in order to receive funding. were erected in a certain location. Fortunately, PGE has many resources on Specifically, Troutdale and its citizens its website that describe what a strong, must be aware of any endangered flora compelling application entails. There in the area as well as the presence of will soon be webinars that describe endangered or threatened species at length what PGE hopes to support, and thus whether the site will impact located at portlandgeneral.com/rdf. habitat. Potential mitigation measures Moreover, Troutdale can email Dan include: Jasonec at Daniel.Jasonec@pgn.com directly for any clarifying questions. Dan works directly on the grant project and is very happy to help. 29 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation While PGE has yet to fund any wind sample development code provisions project through its RDF program, they from cities in Oregon that have are open to funding small and medium- addressed small WECS development in scale wind projects, so long as they can their development codes. determine the project will be a sound investment and produce sufficient Dayton amounts of energy. Troutdale should 7.2.102.04 Conditional Uses note that the projects must be new E. Small wind energy systems and that the goal of the program is to including compliance with Section enable renewable energy projects that 7.2.413. otherwise could not materialize without funding and support for PGE. The 7.2.413.01 Process and Accessory Use application period typically opens April The City of Dayton zone districts allow 1st and closes June 1st. a small wind energy system as an accessory use. Each district establishes Energy Trust of Oregon the process and requires compliance The Energy Trust of Oregon wants to with Section 7.2.413.02. support locally produced renewable energy. The Trust will specifically 7.2.413.02 General Standards support wind turbines that are A. The minimum distance between municipally-owned and community- the ground and any part of a rotor operated. The Trust can help in two blade must be at least 20 feet. main ways: (1) project development Additionally, wind turbines must be assistance, and (2) installation placed at least 30 feet above any incentives. More information can physical wind barrier (e.g., trees or be found at energytrust.org under buildings) within a 300-foot radius the renewable energy section. It is unless verified in writing by the important to note that if the Trust manufacturer that a lesser height is approves the application and provides allowed. help, then the Trust receives ownership B. Small wind energy systems may not of all RECs produced from the project be illuminated, except as needed in which it invested. The webpage to prevent creating a hazard to requests that you contact Dave Moldal aircraft, nor may they bear any signs at (503) 445-2476 in order to determine or advertising. your eligibility. You may also email him C. Small wind energy systems must at Dave.Moldal@energytrust.org. have automatic braking, governing, or feathering system to prevent EXAMPLES: SMALL WIND IN OREGON uncontrolled rotation, over Although many cities in Oregon do speeding, and excessive pressure not have small wind energy system on the support structure, rotor provisions in their city codes, cities blades and turbine components. throughout the state have begun discussing and adopting small wind energy provisions. Below are selected 30 Wind Energy Development D. All wiring serving small wind energy system’s structures, guy wires systems must be underground. association with towers shall meet E. Noise produced by small wind applicable setbacks for the zone energy may not exceed 55dBA district. measured at the property line. B. Height. Support structures for free- F. Small wind energy systems must standing systems must be at least not cause any interference with 60 feet tall and may not exceed 80 normal radio and television feet in height in any zone. reception in the surrounding area, C. Security. Support structures for with any public safety agency free-standing systems must be or organization (including but unclimbable from the ground to a not limited to sheriff, fire, and height of at least 15 feet. ambulance) transmissions, or with D. Number. A maximum of one free- any microwavable communications standing small wind generator link. The owner shall bear the cost system may be allowed per of immediately eliminating any property. such interference should any occur or must immediately shut down 7.2.413.04 Roof-Mounted Systems, the system or parts of the system Additional Standards causing the interference. Small wind energy systems may be G. A finish (paint/surface) must be mounted on the roof of a structure as provided for the small wind energy an appurtenance. system that reduces the visibility of the facility, including the rotors. In A. Height. Roof-mounted systems may most circumstances this condition not be more than 5 feet over the may be satisfied by painting the maximum allowed height for the support structure and rotors with structure. flat light haze gray paint. If the B. Number. There is no maximum support structure is unpainted number of roof-mounted systems it must be of a single color permitted. throughout its height. The owner C. Engineering Report. Before any must maintain the finish, painted or roof-mounted system is mounted unpainted, so that no discoloration the property owner must submit is allowed to occur. a report prepared by an Oregon H. The diameter of the area swept by Licensed professional engineer the rotors may not exceed 25 feet. attesting to the fact that the structure to which the system will 7.2.413.03 Free-Standing Systems be mounted is or will be sufficient A. Setback. The minimum setback strong to support the system and from any property line, overhead to withstand the wind, vibratory, utility line, or public right-of-way and other loads to which would be shall be a distance equal to the subjected as a result of mounting vertical distance from the ground the system on it. This report is to the tip of the wind generator subject to approval by the City blade when the tip is at its highest Manager or his/her designee prior point unless a variance application to mounting of the system. is approved. In addition to the 31 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation 7.2.413.05 Small Wind Energy Systems Lincoln City Adjacent to Historic Properties 17.80.090 Small wind energy systems A. A Conditional Use permit shall A. Accessory Use. A small wind energy be required to place a small wind system is allowed as an accessory energy system adjacent to historic use in all zones in which structures properties on an individual lot or are permitted. parcel adjacent to a significant B. General Standards. historical resource as identified in 1. The minimum distance between the the Dayton Comprehensive Plan. ground and any part of a rotor blade The application shall be subject must be at least 20 feet. to the decision criteria contained 2. Small wind energy systems may not in Section 7.3.107 as well as the be illuminated, nor may they bear following factors: any signs or advertising. 1. Location. The system and any 3. Small wind energy systems accompanying accessory features must have automatic braking, shall be situated to maintain the governing, or feathering system greatest possible distance from the to prevent uncontrolled rotation, adjacent historical site or structure overspeeding, and excessive while maintaining compliance with pressure on the support structure, the setback requirements. rotor blades, and turbine 2. Screening. Screening and buffering components. shall be required. Screening may 4. All wiring serving small wind energy include fencing, berms, vegetation systems must be underground. or any combination thereof. The 5. Noise produced by small wind screening shall be designed to energy systems may not exceed 55 maintain the visual integrity of the dBA measured at the property line. adjacent historic site or building. 6. Small wind energy systems For example, a wooden fence may must not cause any interference be required instead of a chain-link with normal radio and television fence. reception in the surrounding 3. Intent. It is not the intent of this area, with any public safety section to grant a conditional agency or organization (including use permit in all circumstances, but not limited to police, fire, even if factors 1 and 2 above are ambulance, and Coast Guard) successfully met. The Conditional radio transmissions, or with any Use shall be granted only under microwave communications link. those circumstances which are The owner shall bear the costs of unique to the subject property and immediately eliminating any such will not impair or adversely impact interference should any occur the integrity of the adjacent to or must immediately shut down historical site. The burden of proof the system or parts of the system shall be placed by the applicant causing the interference. to ensure these concerns are 7. A finish (paint/surface) must be adequately addressed. provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition 32 Wind Energy Development may be satisfied by painting the Seaside support structure and rotors with 17.52.270 Wind Turbines flat light haze gray paint. If the A. The construction and installation support structure is unpainted of a wind turbine within City limits it must be of a single color must first apply for and be granted throughout its height. The owner a Conditional Use Permit from the must maintain the finish, painted or Planning Commission. unpainted, so that no discoloration B. Notice of an application for is allowed to occur. installation of a small wind turbine 8. The diameter of the area swept by shall be provided to property the rotors may not exceed 25 feet. owners within 300 feet of the property on which the system is to C. Freestanding Systems – Additional be located. Standards. Small wind energy C. Tower heights of not more than 65 systems may be mounted on feet shall be allowed on parcels a tower detached from other between one and five acres and structures on the lot. tower heights of not more than 80 1. Setback. The minimum setback feet shall be allowed on parcels of from any property line, overhead five acres or more; provided, that utility line, or public right-of-way the application includes evidence shall be a distance equal to the that the proposed height does not vertical distance from the ground exceed the height requirements of to the tip of a wind generator the manufacturer or distributor or of blade when the tip is at its highest the system. point unless the affected utility, D. Setbacks for the system shall be no property owner, or governmental closer from the property line than entity grants written permission the height of the system; provided, for a lesser setback. In addition to that it also complies with any fire the system’s structures, guy wires setback requirements pursuant associated with towers shall meet to Section 4290 of the Public applicable setbacks for the zone Resources Code. district. E. Decibel levels for the system tower 2. Height. Support structures for shall not exceed the lesser of 60 freestanding systems may not decibels (DBA) as measured at exceed 80 feet in height. the closest neighboring inhabited 3. Security. Support structures for dwelling, except during short-term freestanding systems must be events such as utility outages and unclimbable from the ground to a severe windstorms. height of at least 15 feet. F. The system’s turbine must have 4. Number. A maximum of one been approved by the California freestanding small wind generator Energy Commission as qualifying system may be allowed on a parcel under the emerging renewables of 25,000 square feet or less. One fund of the California Energy additional freestanding system is Commission’s renewables allowed for each 12,500 square feet investment plan or certified by a of lot area above 25,000 square national program recognized by the feet. Energy Commission. 33 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation G. The application shall include J. The application shall include standard drawings and an evidence, unless the applicant does engineering analysis of the system’s not plan to connect the system tower, showing compliance with to the electricity grid, that the the California Building Code or the electric utility service provider that California Building Standards Code serves the proposed site has been and certification by a professional informed of the applicant’s intent to mechanical, structural, or civil install an interconnected customer- engineer licensed by this state. owned electricity generator. (Ord. However, a wet stamp shall not 1044 § 2, 2017; Ord. 1025 § 19, 2015; be required; provided, that the Ord. 905 § 2, 2002). application demonstrates that the system is designed to meet the EXAMPLE: “BEST PRACTICE” SMALL most stringent wind requirements WIND CODE PROVISIONS (California Building Code wind The following is an example of exposure D), the requirements for an accessory use ordinance in the worst seismic class (Seismic Schaumburg, Illinois. Schaumburg’s 4), and the weakest soil class, with ordinance is featured as a “best” a soil strength of not more than practice for removing code barriers to 1,000 pounds per square foot, or small wind energy systems as-of-right other relevant conditions normally on Sustainable City Code, a non-profit required by the City. The application organization committed to helping shall include a line drawing of “local governments build more resilient, the electrical components of the environmental conscious, economically system in sufficient detail to allow secure, and socially equitable for a determination that the manner communities.” of installation conforms to the National Electric Code. § 154.70 - Renewable Energy H. The system shall comply with B. Small Wind Energy Systems all applicable Federal Aviation Administration requirements, 1. Intent including Subpart B (commencing The intent of these standards is to allow with Section 77.11) of Part for the safe, effective, and efficient 77 of Title 14 of the Code of development use of small wind energy Federal Regulations regarding systems in the Village of Schaumburg. installations close to airports, and the state Aeronautics Act (Part 1 2. General Requirements: (commencing with Section 21001) A. Accessory Structure: Small wind of Division 9 of the Public Utilities energy systems are permitted as Code). accessory structures as detailed in I. The applicant shall provide this section. information demonstrating that B. Codes: All Federal Aviation the system will be used primarily Administration (FAA) regulations to reduce on-site consumption of shall be adhered. electricity. 34 Wind Energy Development C. On-Site Use: Energy produced 3. Freestanding Systems through the wind energy system Freestanding systems shall be shall be utilized on-site. developed according to the following D. Signage: No signs shall be attached parameters: except for a manufacturer and/or A. Special Use Permit: All freestanding installer identification and those systems require a special use required for safety, provided that permit. Refer to section 154.44 of they do not measure more than two this chapter. (2) square feet. B. Zoning Districts: Permitted in all E. Abandonment: If a small wind districts, except in the R-6, R-6C, energy system is inoperable or and R-7 districts when the lots are abandoned for a period of twelve utilized for a residential use. (12) consecutive months; the owner C. Yard Location: Permitted in the may be notified by the village that interior side and rear yards; front the energy system must either be and corner yards may be permitted repaired or removed within ninety in nonresidential districts with a (90) days. special use permit. Refer to section F. Sound: Measured at the property 154.44 of this chapter. line, the energy system shall D. Setback: All parts of the not exceed fifty-five (55) dBA freestanding system (tower, rotor in residential (R) districts and blades, etc.), shall be located a sixty (60) dBA in all business (B) minimum of ten feet (10’) from all and manufacturing (M) districts; property lines and not in a public except during such short-term utility easement. events as utility outage or a severe E. Height: Height is measured from windstorm. the average grade at the base of G. Clearance: Minimum clearance the tower to the highest edge of between the lowest tip of the rotor the system. Refer to subsection (D), or blade and the ground shall be Figure 5 of this section. fifteen feet (15’). 1. Maximum height of seventy feet H. Utility Provider Notification: Written (70’) is permitted in R-1 and R-4 evidence must be provided at the districts and for nonresidential uses time a building permit is requested in R-6, R-6C and R-7. that the utility company has been 2. A maximum tower height of ninety notified of the customer’s intent to feet (90’) is permitted in all business install a small wind energy system. (B) and manufacturing (M) districts. I. Additional Height: Additional height may be requested through the F. Distance Between Systems: special use permit process. Refer to Freestanding systems on adjacent section 154.44 of this chapter. lots shall be at least five (5) rotor 1. In reviewing the request for lengths apart, unless written proof additional height, such factors as of no interference can be provided height of the system in relationship at the time a building permit is to existing and potential structures, requested. man-made or natural, and their G. Quantity: One (1) per lot is impact on the systems efficacy shall permitted; a special use permit be considered. (refer to section 154.44 of this chapter) may be requested for 35 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation additional systems in nonresidential 3. An easement infringed upon is districts. a compensable property right H. Tower Access: Climbing access through private remedy. (rungs or foot pegs) to the tower shall not start until twelve feet B. Recording of Easements: Wind (12’) above grade to prevent access easements shall be unauthorized access. recorded with the Cook County I. Lighting: Freestanding system Recorder of Deeds or DuPage shall not be illuminated, except as County Recorder of Deeds and filed required by the FAA. with the community development department. 4. Building-Mounted Systems C. Construction in Easement Areas: Building-mounted systems shall be Any person seeking a building developed according to the following permit to construct or modify parameters: any structure or building so as to increase the consumption of A. Location: Building-mounted airspace over that lot shall certify systems are permitted in the in writing that no wind access following locations: easement exists over that lot. 1. Principal and accessory structures. D. Denial of Permit: Should the 2. Any roof face. community development department determine that the B. Height: Height is measured from the proposed construction would roof surface on which the system is intrude upon the easement, no mounted to the highest edge of the building permit shall be granted. wind turbine. Refer to subsection (D), Figure 6 of this section. FREQUENTLY ASKED QUESTIONS 1. Shall have a maximum height of The following questions and answers fifteen feet (15’). are from Adams-Schoen & Zablow 2. Shall not extend more than ten feet (2017) and Marion City, Oregon, Wind (10’) above the highest peak of a Power Regulations. pitched roof. What is wind power generation? 5. Wind Access Protection: Wind power generation is the A. Creation of Easements: Wind conversion of wind into a form of access easements across energy, such as using wind turbines to contiguous or nearby lots, tracts, or make electricity. land may be created to establish a window of exposure to the wind so What is a wind turbine? as to protect an existing or intended A turbine is a rotary engine that extracts wind turbine’s ability to harness the energy from a fluid source and converts wind from obstruction of buildings it into another form of energy. The and trees. simplest wind turbines have a shaft or 1. Such easements may be purchased, drum with two or three blades attached reserved, granted, or otherwise to the top of a tower. As the blades obtained. move, they impart energy to the rotor. 2. Adverse possession cannot create Early examples of turbines are windmills such an easement. and water wheels. 36 Wind Energy Development How do wind turbines make What are the benefits of installing electricity? small wind turbine? In simplest terms, wind turbines work Using a small wind turbine can help the opposite of a fan. Wind turns reduce pollution and electrical costs. the large blades, spinning the shaft Deciding to install a wind system is or drum, which is connected to a complicated and involves many factors generator that makes electricity usable to consider, primarily the length of time in a home’s electrical system. before the utility bill savings exceeds the system cost. This often depends How is this power used? on the type of system chosen, wind Wind energy is used for simple resource in your area, electric rates, residential purposes or commercial and how you use the system. Generally utility use. For most residential use, speaking, wind turbines are most wind power is combined with traditional practical for areas with an average wind electricity from your local utility speed of at least 9-10 miles per hour. company. Single small turbines below 100 kilowatts are used for homes, What is the average volume of sound usually along with diesel generators, that small wind turbines create? batteries or solar-power systems. Standing at its base, a small wind These systems can be used along with turbine produces about 75-100 dB(A) your electrical system (called grid- of sound (sound strength/sound power connected) or as a stand-alone system level). The same turbine produces 40- that is not connected to the utility grid. 65 dB(A) one hundred feet away from The small grid-connected turbines are the rotor hub (which is 30 to 80 feet often used by homeowners for lighting, in the air depending on the specific appliances and electric heat. If the turbine size and design). turbine cannot provide sufficient power, Note that a bedroom registers at the utility makes up the difference. 40 dB, a quiet office at 50 dB, a living When the turbine produces more room with quiet music or television at electricity than needed, the excess is 60 dB, conversational speech at 70 dB, “given” to the local utility company. The a busy residential road at 80 dB, the stand-alone wind turbines are often inside of a bus at 90 dB, the inside of used for homes and farms far from the an underground train or alongside a nearest utility lines. mainline railway at 100 dB, and a loud Utility or commercial turbines range car horn three feet away at 120 dB. in size from 100 kilowatts to several megawatts. The very large turbines are often grouped together as a wind farm to produce bulk power to the electrical grid. The power is transferred through transmission lines. 37 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation How much wind is needed to What is a “vertical axis” wind produce wind energy? turbine? Most small turbines require a minimum Vertical axis wind turbines are a type of wind speed of 15 km/hr (4 m/s) or wind turbine where the main rotor shaft higher just to operate. In general, is set transverse to the wind while the annual average wind speeds of at least main components are located at the 18 km/hr (5 m/s) are required for grid- base of the turbine. connected applications. Note that an average annual wind speed of 22 km/hr Do small and medium WECS interfere (6 m/s) is considered a “moderate” wind with telecommunications signals? resource, but the average wind speed is The literature suggests that interference not always the best indicator of a site’s with telecommunication signals is not suitability due to seasonal advantages an issue for smaller-scale WECS. The and application considerations. Wind blades of small wind turbines are not maps (such as www.windatlas.ca) large enough to cause interference. In can give you an approximate idea of addition, modern small and medium whether your area gets enough wind, wind turbine blades are constructed out but local geography may influence of materials like fiberglass and plastic, whether your site is better or worse which do not obstruct signals. Indeed, than the regional average. A 10% companies even install small turbines change in wind speed can result in as on their own Internet receivers and much as a 30% change in available transmitters. power, so you may want to monitor wind speeds at the height and location of the specific sites that seem most promising. 38 Wildfire Hazard Mitigation Wildfire Hazard Mitigation INTRODUCTION established for decades; but with a The City of Troutdale is vulnerable recent surge in structures burning, to wildfire due to its location in the this issue is now receiving widespread Columbia River Gorge and the forest attention in policy, the media, and the areas to the east of the city. The Gorge scientific literature. As discussed above, creates a wind tunnel, which can lead massive single fire events, like what to wind gusts ranging from 20 to 50+ we witnessed in the summer of 2020, miles per hour. As the 2017 Eagle Creek have resulted in scores of lost lives, Fire demonstrated, these high winds thousands of structures burned, and can cause wildfires to move quickly and billions of dollars in expenditures. With shift direction causing fire to spread fire conditions projected to become quickly. The forested areas east of the more severe as a result of climate city are wildfire fuel, and high winds in change, it is clear that more effective the area increase the risk that fire from fire-risk reduction solutions are needed. forested areas could spread to the city. Effective land-use planning presents Also, the terrain of the Gorge, including a critical tool for communities facing steep slopes and canyon walls, make increasing wildfire risks. When the Gorge and cities within the Gorge planners, policymakers and the public unique fire environments, often with understand the reality of wildfire threat, extreme fire risks. localities can adopt robust wildfire In late summer of 2020, the Pacific risk reduction regulations to save Northwest experienced a period of lives and structures, and contribute to severe fire danger that intensified the forest health, ecosystem sustainability, spread of wildfires throughout the and watershed protection. To most region. The Labor Day windstorm, effectively reduce wildfire risk, land-use along with high temperatures and low and development codes can: relative humidity, contributed to the ignition or reignition of fires that burned • be applied to existing, new, and over 515,000 acres in Oregon and redeveloped areas alike; Washington within a 24-hour period. • deal with issues of bulk and density Initial estimates predict the fires, which standards and design guidelines; killed nine people in Oregon and left • provide requirements for site reviews thousands homeless, caused around and conditions of approval; $1 billion in damages, not including • establish out-of-city service anticipated costs for fire suppression extensions and annexation and cleanup which could amount to conditions; hundreds of millions of dollars. Studies • set subdivision requirements for suggest that the annual acres burned in wildfire concerns; the American West may increase two to • allow planners to balance concerns six times by the middle of this century, about fire protection and the building and lightening ignitions may increase site, landscape, and structure; and 30 percent by 2060. • provide incentives and opportunities The recognition that homes are for public engagement and vulnerable to wildfire in the wildland- education. urban interface (WUI) has been 39 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Thus, there is little theoretical hurricanes, and earthquakes. With more question that proper land-use controls people choosing to live in the fire-prone and site design standards can mitigate WUI and the increasing frequency of (reduce) the risk of wildfire damages. wildfire, incorporation of wildfire risk Land-use planning has been used reduction measures in a community’s to address hazards like flooding, land-use planning is critical. With the implementation of this overlay zone, Troutdale has the opportunity to shape the present and future protection of its community, of people and of place. Hazard mitigation activities, such as those detailed below, are vital to this community protection, to the health of the surrounding ecosystem, and the local economy. When considering community education and rollout of this overlay zone, Troutdale may look to existing programs for resident wildfire risk education to ease implementation. One example is the Wildland Urban Interface Home Assessment program which is conducted by Portland Fire and Rescue and extends to Troutdale residents. The assessment program allows residents to request an inspection through their website, during which firefighters will come to the home, walk the resident through their property’s potential wildfire hazards, and recommend solutions. Encouraging residents to take advantage of this existing program that identifies their individual needs could increase interest in wildfire hazard mitigation steps and make the implementation of a new hazard zone more palatable. Troutdale should also consider adopting the Oregon Residential Specialty Code: Rule 327.4, Wildfire Hazard Mitigation building standards for new developments or substantial redevelopments in the Wildfire Hazard Zone. The rule was created by the State of Oregon Building Codes Division and outlines increased building construction standards for wildfire hazard reduction. DRAFT ORDINANCE FOR WILDFIRE 1. Purpose HAZARD OVERLAY ZONE A. The purpose of this overlay zone Contents is to promote and protect the 1. Purpose health, safety, and welfare of the 2. Applicability residents of Troutdale and in the 3. Definitions Wildfire Hazard Overlay District; 4. Permitted Uses minimize the risk of loss of life and 5. Development Standards property by the ignition and spread 6. Abandonment of wildfire; encourage sensible 7. Nuisance Exemption development and land use within 8. Property Tax the Wildfire Hazard Overlay Zone so 40 Wildfire Hazard Mitigation as not to increase the danger to the assume responsibility for their public health, safety and property; actions; reduce the demands for public (xii) Ensure that potential buyers are expenditure for relief and protection notified that property is in an of structures and buildings within area of special fire hazard; the zone. (xiii) Minimize damage to public B. The regulation of uses within this facilities and utilities, such as district is designed to: water and gas mains, electric, (i) Improve the City of Troutdale’s telephone and sewer lines, resilience to fire hazard; streets, and bridges located in (ii) Recognize the increasing risk high risk fire hazard areas; and associated danger of fire (xiv) These provisions are also hazards; intended to minimize (iii) Reduce the spread of fire maintenance costs, eliminate hazards; potential hazards before they (iv) Reduce the damage caused by occur, and protect properties fire hazards; and persons adjacent to high (v) Protect the areas within the City risk fire hazard areas and to of Troutdale with the highest other natural hazard areas; risk of fire hazard; (xv) Implement fire hazard (vi) Help maintain a stable tax base requirements in relation to by providing for sound use and Statewide Planning Goal development; 7--which relates to areas (vii) Protect human life, health, and subject to natural disasters and property in areas subject to hazards; and high risk of fire hazard; (xvi) Promote inter-community (viii) Ensure continuity of City cooperation. services, access to City facilities, and minimal 2. Applicability prolonged business A. In order to carry out the provisions interruptions during times of of this overlay district, there is fire hazard; hereby created and established a (ix) Minimize the need for rescue Wildfire Hazard Overlay Zone, which and relief efforts associated includes all of the land within its with fire hazard and generally designated borders, as indicated on undertaken at the expense of the City of Troutdale Widlfire Hazard the general public; Overlay Map. (x) To advance these purposes, B. In addition to complying with the where not required, creation provisions of the primary zoning of open space tracts is district, uses and activities shall encouraged within areas comply with the provisions of this designated as natural hazards overlay district. In the event of any on the Comprehensive Plan and conflict between any provisions of official zoning maps; this overlay district and the primary (xi) Compel those who occupy zoning district, the more restrictive the areas of high fire hazard provision shall apply. 41 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation C. In addition to complying with and any provision under Troutdale the provisions of the Troutdale Development Code Chapter Development Code Chapter 14 14 Floor Management (or other Flood Management, uses and floodplain regulations), the more activities shall comply with the restrictive provision shall apply in provisions of this overlay district. In order to maintain compliance with the event of any conflict between federal flood regulations. any provisions of this overlay district NOTE: The City of Troutdale can utilize Multnomah County’s Overall Fire Risk Map and work with the state to determine the most appropriate applicability (e.g., based on state hazard mapping, advanced GIS data, etc.). Based on the risk map alone, it appears the Wildfire Hazard Overlay Zone should apply to the following areas: (1) east of Buxton Road and South Troutdale Road; and (2) south of I-84. This zone represents the area within the City of Troutdale with the highest risk of fire hazard (according to Multnomah County’s Overall Fire Risk Map, this includes the area where Troutdale’s risk of fire hazard transitions from medium to high risk). 3. Definitions fire has been sufficiently treated, The following definitions apply to this modified, or removed to slow the rate subchapter. of spread and reduce the intensity of a fire; provide a safe area for fire A. Amortization suppression operations; and slow or A process by which nonconforming prevent a fire from traveling - in either uses and structures must be eliminated direction -between a structure and the or made to conform to requirements vegetation. of the current zoning regulations at the end of a certain period. D. Flame spread rating As used herein refers to rating obtained B. Combustible according to tests conducted as Any material that, in the form in which specified by a nationally recognized it occurs or is used, and under the standard. conditions anticipated, will ignite and burn. E. Fuel All combustible material available to C. Defensible Space be consumed by a wildfire, including A natural or man-made area, where natural and planted vegetation and vegetation capable of carrying a human-made structures. 42 Wildfire Hazard Mitigation F. Fuel break (iii) “Noncombustible” does An area, usually a long strip strategically not apply to surface finish located, wherein vegetative fuels are materials. Material required to reduced in volume and maintained to be noncombustible for reduced cause a reduction of fire intensity if clearances to flues, heating ignited by a wildfire. Fuel breaks are appliances or other sources of strategically located to divide fire-prone high temperature shall refer to areas into smaller areas for easier fire material conforming to Item 1. control and to provide access for fire No material shall be classed as fighting. noncombustible that is subject to increase in combustibility G. Fuel Load or flame spread rating, beyond The total quantity of combustible the limits herein established, contents of a building, space, or fire through the effects of age, area, including interior finish and moisture or other atmospheric trim, expressed in heat units or the condition. equivalent weight in wood. J. Public Nuisance H. Fuel Modification An act, condition, or thing declared A method of modifying fuel load by incompatible with the public health reducing the amount of non-fire- and welfare for its interference with the resistant vegetation or altering the type rights of the public. The abatement of of vegetation to reduce the fuel load. which is usually required either by the private party or at the expense of the I. Noncombustible party by the city. As applied to building construction material means a material that, in the K. Roadway form in which it is used, is either one of Any surface improved, designed or the following: ordinarily used for vehicular travel. (i) Material of which no part will ignite and burn when subjected L. Slope to fire. The rise and fall of land numerically (ii) Material having a structural expressed with a percentage change base of noncombustible in elevation over a given distance (e.g., material as defined in Item 1 6% slope means the land rises or falls above, with a surfacing material 6 feet for every 100 feet of horizontal not over 1/8 inch (3.2 mm) thick, distance). which has a flame spread rating of 50 or less. 43 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation M. Tree Crown D. Fire-resistance-rated construction The primary and secondary branches The use of materials and systems in the growing out from the main stem, design and construction of a building together with twigs and foliage. or structure to safeguard against the spread of fire within a building or N. Wildfire Hazard Area structure and the spread of fire to or An area containing or directly affected from buildings or structures to the Fire by wildfire. Hazard Overlay Zone area O. Wildland E. Fire Weather An undeveloped area in its natural Weather conditions favorable to the state containing plants, shrubs, and ignition and rapid spread of fire. In trees characteristic of the region and wildfires, this generally includes high undisturbed topographical conditions. temperatures combined with strong winds and low humidity. See “Critical P. Wildland-Urban Interface (WUI) Area fire weather.” That geo- graphical area where structures and other human F. Fuel, Heavy development meets or intermingles Vegetation consisting of round wood 3 with wildland or vegetative fuels. to 8 inches (76 to 203 mm) in diameter. Communities adjacent to and See Fuel Models G, I, J, K and U surrounded by wildland are at varying described in Appendix XX. degrees of risk from wildfires. G. Fuel, Light Other definitions and terms to Vegetation consisting of herbaceous consider plants and round wood less than A. Critical Fire Weather 1/4 inch (6.4 mm) in diameter. See A set of weather conditions (usually a Fuel Models A, C, E, L, N, P, R and S combination of law relative humidity described in Appendix XX. and wind) whose effects on fire behavior make control difficult and H. Fuel, Medium threaten increased fire hazard and Vegetation consisting of round wood firefighter safety. 1/4 to 3 inches (6.4 mm to 76 mm) in diameter. See Fuel Models B, D, F, H, O, B. Fire Area Q and T described in Appendix XX. The floor area, in square feet, used to determine the adequate water supply. I. Fuel Mosaic A fuel modification system that C. Fire Chief provides for the creation of islands The chief officer or the chief officer’s and irregular boundaries to reduce the authorized representative of the visual and ecological impact of fuel fire department serving the City of modification. Troutdale, currently Gresham Fire and Emergency Services. 44 Wildfire Hazard Mitigation J. Fuel-Loading N. Ignition-resistant Construction, The oven-dry weight of fuels in a given Class 3 area, usually expressed in pounds A schedule of additional requirements per acre (lb/a). Fuel-loading may be for construction in the Fire Hazard referenced to fuel size or timelag Overlay Zone based on moderate fire categories, and may include surface hazard. fuels or total fuels. O. Noncombustible Roof Covering K. Green Belt One of the following: A fuel break designated for a use other 1. Cement shingles or sheets. than fire protection. 2. Exposed concrete slab roof. 3. Ferrous or copper shingles or L. Ignition-resistant Construction, sheets. Class 1 4. Slate shingles. A schedule of additional requirements 5. Clay or concrete roofing tile. for construction in the Hazard Overlay 6. Approved roof covering of Zone based on extreme fire hazard. noncombustible material. M. Ignition-resistant Construction, P. Unenclosed accessory structure Class 2 An accessory structure without A schedule of additional requirements a complete exterior wall system for construction in the Hazard Overlay enclosing the area under roof or floor Zone based on high fire hazard. above. Wildfire will always be a part of Oregon’s ecosystem. These naturally occurring events have the potential to inflict significant damage on our communities, despite our best efforts. It is important to plan for this hazard by implementing measures consistent with best practices to mitigate the risk of wildfires and to avoid regulating primarily for short-term economic benefit. The National Fire Protection Association (NFPA) has developed some recommendations to assist communities threatened by wildfires which are designed to protect the lives of residents and first responders, limit property damage and protect community assets, save taxpayer money, and compliment voluntary wildfire safety efforts. Among the steps recommended by the NFPA is gathering information on best practices. This step can help identify practical lessons from communities that may be diverse, yet facing similar challenges. For this reason, we have drawn on municipal codes from cities such as Bend and Ashland, which have been identified in recent studies as communities that are effectively implementing best practices to mitigate the risk of wildfire. Among these practices are the use of regulations incorporating defensible space, which NFPA identifies as a common and popular land use tool to reduce the risk of wildfires, and regulations requiring the use of specific building materials, such as fire-resistant roofing. According to the NFPA, learning from other communities is an essential part of the process of updating and implementing wildfire hazard mitigation measures. 45 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation This process can also yield valuable information about the public adoption procedure and ongoing enforcement efforts. Additionally, it can also help communities identify opportunities to obtain outside funding for hazard mitigation efforts. For example, it was recently announced that the City of Ashland will receive millions of dollars from the Federal Emergency Management Agency to help create defensible space for 1,100 homes and replace wood-shake roofs with new fire-resistant roofs. 4. Wildfire Prevention (iii) Designate additional fire and Control Plan precaution measures that will A. be taken to reduce fire risk in A Wildfire Prevention and Control Plan the following areas: shall be required with the submission (a) Where slopes in or adjacent to of an application for plan approval, proposed development are in preliminary plat of a subdivision, land excess of 20%, and partition, Commercial Site Design (b) Where the local fire protection Review increasing a building’s footprint agency identifies a specific by 200 square feet or greater, or danger. Residential Site Design Review for developments of three units or greater. (iv) Include a tree and vegetation The plan shall be prepared by a management plan that qualified professional. identifies: (a) Areas where shrubs and brush B. Plan Submission will be removed. A Wildfire Prevention and Control Plan (b) Areas where trees will be shall be prepared at the same scale as removed to reduce interlocking any required development plan. canopies. (c) New trees, shrubs, and brushes C. Plan Content that will be planted. A Wildfire Prevention and (d) Ecologically significant trees to Control Plan shall: be retained. (i) Identify (a) water supply; (b) (e) Identification of species and building materials, location size for all of the above. and design of existing and proposed structures; and (c) (v) Use National Fire Prevention ignition potential of existing Association standards, as and proposed structures. applicable, to the extent such (ii) Designate the location of standards do not conflict with existing or proposed fuel this subchapter. breaks, as applicable. 46 Wildfire Hazard Mitigation D. Approval of the Fire Marshal B. Setbacks The Fire Marshal shall approve the The following standards apply to mitigating measures relative to access, new structures in the Wildfire Hazard defensible space, water supply, and Overlay Zone. construction based on the relative risk (i) The minimum separation and hazard rating. between buildings in residential districts is half the height of the 5. Setbacks and Permitters taller building, measured from A. Purpose the closest exterior walls. It is the purpose of the development (ii) In non-residential districts, a standards to provide supplementary building shall be a minimum development regulations to underlying of 30 feet from any other zones to reduce or minimize the building, except that a building potential impacts of wildfire on that exceeds 2 stories and is properties, the occupants of properties, not protected by an automatic and the occupants of adjacent sprinkler system shall be a properties. These standards function minimum of 50 feet from any to balance the need to preserve natural other building. habitat, prevent erosion, provide for aesthetic and functional landscaping, and to facilitate access to manmade structures by firefighters in the event of a wildfire. The requirements for setbacks vary by district. The Code should provide for setbacks which are appropriate for the density of the developed area, taking into consideration such features as slope, flood plain, soil conditions, etc. 47 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Example: by the Fire Code Official because of “The minimum separation between two a site-specific analysis based on local buildings must be half of the height conditions.” (City of Petaluma Municipal of the tallest building, where building Code, § 17.20.050, Sec. 304.1.2.1 height is measured at the two closest Defensible Space— Neighboring exterior walls, and the maximum Property (2017), https://petaluma. required separation is 12 feet.” (City of municipal.codes/Code/17.20.050). Ashland, Oregon, Municipal Code, AMC 18.3.9.070(B) (2020), https://ashland. C. Fuel Modification Area municipal.codes/LandUse/18.3.9.070). (i) For all new buildings on a vacant lot that increases lot coverage by Example: 200 square feet or greater, the “Persons owning, leasing or controlling fuel modification area consists of property within areas requiring the entire lot. defensible spaces are responsible for (ii) For additions and modifications maintaining a defensible space on the to existing properties, the fuel property owned, leased or controlled modification area extends 30 feet by said person, of not less than thirty from the furthest extent of the feet (30’) (9.144 m) around any building addition or modification, or to the or structure. Distances may be modified lot line, whichever is less. To limit property damage and slow the spread of wildfires, best practices include restriction on vegetation that may serve as a wildfire hazard. Local fire officials should be consulted to compile a list of prohibited or restricted vegetation for buildings within the Overlay Zone. If landowners maintain the prohibited vegetation, a warning or citation with a specified period to come into compliance may provide an adequate incentive to comply. Fines may be appropriate but should not be pursued without prior warning and opportunities to comply voluntarily. The City should carefully consider social equity when adopting enforcement mechanisms and provide economic or other assistance to landowners who lack the means or ability to comply. Example: Provisions for annual weed and brush • A defensible space of thirty feet abatement of the wildland-urban (30’) to one hundred feet (100’), interface fire area and the developed depending on grade and other area shall be the responsibility of the factors around all structures, either developer or property owner. A plan manmade or natural, in which may be required that outlines the material capable of allowing fire to provisions for weed abatement and spread unchecked must be cleared, shall be prepared by the property treated or modified to slow the rate owner and/or developer. When and intensity of an approaching required, the plan shall include, but not wildfire. be limited to, the following elements: 48 Wildfire Hazard Mitigation • A ten-foot (10’) firebreak on each side trails shall be approved by the Fire of hillside roads or driveways used for Code Official. emergency access; such firebreaks • Other fire protection measures based may be landscaped with fire resistive on best management practices vegetation. for wildfire exposure protection as • Where required, fire breaks and/or required by the Fire Code Official. disked trails up to thirty feet (30’) (City of Petaluma Municipal Code, wide shall be identified on the plan § 17.20.050, Sec. 4907.1 Defensible and maintained throughout the fire Space (2017), https://petaluma. season; the location of such breaks/ municipal.codes/Code/17.20.050). Maintaining appropriate setbacks and vegetation perimeters and wise selection of building materials and building design are crucial to wildfire hazard mitigation. In many cases, homes ignited in wildfires are ignited when flammable vegetation near the home or the home’s flammable building materials are struck by wildfire-generated embers and not by the flames of the wildfire. By implementing vegetative fuel modification standards and requiring the use of fire-resistant building materials, Troutdale can limit the damage to homes and other structures in the event of a wildfire. 6. Fuel Modification Standards. (iii) To the maximum extent A. Purpose: possible, existing shrubs on To reduce the spread of fire to and the flammable list shall be from structures on the property, and to maintained to provide 10 feet adjoining properties, and to establish or more of clearance from standards for the maintenance of structures. vegetation, guidelines for the selection (iv) Newly planted trees and shrubs and control of vegetation should on the flammable list shall have promote fire safety while remaining a minimum clearance of 30 feet adaptable for local ecological from structures. conditions. C. Within five feet of a new building, B. In fuel modification areas: addition, or deck: (i) Dead or dying trees and shrubs (i) Existing vegetation on the shall be removed except where flammable plant list should be ecologically beneficial. removed, with the exception of (ii) Existing trees on the flammable significant trees. list shall be maintained to (ii) Existing trees on the flammable provide 10 feet or more of plant list should be maintained clearance from structures and to provide 10 feet or more of the lesser of 8 feet or ⅓ the clearance from structures or tree’s height clearance from the additions and the lesser of ground. 8 feet or ⅓ the tree’s height clearance from the ground. 49 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation D. Fuel breaks: ecological preservation, (i) An area designated by an enhancement of wetlands, applicant or the City as a fuel beneficial functions in water break shall be maintained resource protection, or when to be free of dead or dying consistent with the fire control vegetation and vegetation on plan or with written approval the flammable plant list. from the municipality. (ii) Notwithstanding 5(C)(i), (iii) Notwithstanding 5(C)(i), native, existing vegetation may be fast-burning species that are retained when necessary for sufficiently thinned may be erosion control, slope stability, retained. NOTE: The establishment of a fuel break does not require stripping the ground of all native vegetation or removal of ecological significant trees. E. Fuel modification standards: furthest attached portion of the exterior The fuel modification standards may of the home. be reduced or waived by a municipal official, in consultation with the fire • Clean roofs and gutters of dead code official, if it is demonstrated leaves, debris, and conifer needles that the fire risk has been reasonably that could catch embers. reduced, such as in cases where • Replace or repair any loose or ignition-resistant materials and missing shingles or roof tiles to construction methods, or vegetation prevent ember penetration. type and separation, function to • Install ⅛-inch metal mesh screening enhance the structure’s protection from on vents in eaves and attics to reduce wildfire. the probability of embers entering the home. Three Zones of Defensible Space • Clean debris from exterior attic vents. An alternative or complimentary • Repair or replace damaged or approach to wildfire fuel management loose window screens and any in residential areas is through broken windows. Screen or box- neighborhood or other community in areas below patios or decks to adoption of ignition zone guidelines. prevent combustible materials from These guidelines were developed accumulating. through research into how homes • Move any flammable materials away ignite due to the effects of radiant heat. from wall exteriors. Remove anything These guidelines help minimize the risk stored beneath decks or porches. of damage and control the spread of • Require owners to remove or wildfire. otherwise abate weed and brush collections to further reduce the Zone 1 amount of hazardous vegetation in The Immediate Zone includes the home Troutdale. and the area within five feet from the 50 Wildfire Hazard Mitigation Zone 2 • Trees and shrubs should be located The Intermediate Zone is located 5 feet in small clusters to break up the to 30 feet from the furthest exterior continuity of vegetation in this zone. point of the home. • Clear vegetation from under Zone 3 stationary propane tanks. The Extended Zone is located 30 feet to • Create fuel breaks with driveways, 100 feet from the furthest exterior point patios, decks, and walkways. and may extend up to 200 feet. • Keep lawns and native grasses • Clear heavy accumulations of debris mowed to a height of four inches or and ground litter. less. • Remove dead vegetation. • Remove vegetation under trees so a • Remove small conifers located surface fire cannot reach the canopy. between larger trees. • Prune trees to six to ten feet above • Remove vegetation adjacent to the ground; for shorter trees, pruning outbuildings and sheds. is not to exceed ⅓ of the height of the • Maintain space between tree tree. canopies as follows: • Space trees to have a minimum of (i) Twelve feet between canopies eighteen feet of open space between for trees located 30 - 60 feet the crowns with the distance from the home. increasing proportional to slope. (ii) Six feet between canopies for • Ensure that the mature tree canopy is trees located 60 -100 feet from not within ten feet of the structure. the home. Consider limitations on residential construction in certain areas. Sixty percent of houses built in the last 10 years have been built in the wildland urban interface (WUI). 7. Building Material and Design B. Roofing A. Purpose (i) All new structures in the Wildfire In addition to setbacks and perimeter, a Hazard Overlay Zone shall be wise selection of building materials and constructed with Class B or building design are the most important better non-wood roof coverings, factors for an individual to have a as determined by the Oregon wildfire-safe home. In many cases, Structural Specialty Code. most homes ignited in wildfires are (ii) All re-roofing of existing ignited by wildfire-generated embers structures in the Wildfire Hazard and not by the flames themselves. By Overlay Zone where at least implementing the use of fire-resistant 50 percent of the roofing area building materials and practices in the requires re-roofing shall be WUI, Troutdale can limit home damage constructed with Class B or in the event of a fire. better non-wood roof coverings, as determined by the Oregon Structural Specialty Code. 51 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation RECOMMENDED: Increase wildfire resilience citywide by require roof covering assemblies rated Class A or Class B for all new or replaced roofs constructed within the City of Troutdale. Class A roof coverings include clay tiles, slate, asphalt glass fiber composition shingles, and concrete tiles. Class B roof coverings include pressure-treated shakes and shingles. Note that classes of roofs take into account more than just building materials. Example: Municipal Code, AMC 18.3.10(B) (2018), Roofing—All structures shall be https://ashland.municipal.codes/ constructed or re-roofed with Class B LandUse/18.3.10.100.B.1). or better non-wood roof coverings, as determined by the Oregon Structural C. Building Foundation Specialty Code. All re-roofing of (i) Newly constructed buildings in existing structures in the Wildfire Lands the Wildfire Hazard Overlay Zone area for which at least 50 percent of the shall use concrete or masonry for roofing area requires re-roofing shall be building foundations. done under approval of a zoning permit. (ii) For any vented rainscreen used No structure shall be constructed in the wall assembly of a newly or re-roofed with wooden shingles, constructed or substantially shakes, wood-product material or remodeled structure in the other combustible roofing material, Wildfire Hazard Overlay Zone, the as defined in the City’s building top and bottom opening into the code. (City of Ashland, Oregon, air space shall be screened with maximum 1/8th-inch screening. Screening can help keep airborne embers out of structures. D. External Building Materials F. Decks and Patios Newly constructed buildings in the With the exception of fully enclosed Wildfire Hazard Overlay Zone shall use decks and patios, new and substantially Class B or better fire-rated materials as remodeled decks and patios shall: designated by the American Society for Testing and Materials. (i) Be constructed with fire- retardant-treated wood or other E. Windows building materials having no Newly constructed buildings in the less than a 2-hour fire resistive Wildfire Hazard Overlay Zone shall rating, or include a concrete or use tempered glass for windows and other non-combustible barrier thermally broken metal and pultruded wall between the deck and any fiberglass window frames. adjacent building and floor beneath the deck; (ii) Not include canopies or trellises constructed with combustible materials; and 52 Wildfire Hazard Mitigation (iii) If a deck or patio is above constructed with fire-retardant- ground level, the underside treated wood or other building of the deck or patio shall be materials having no less than a sealed off with skirting or a wall 2-hour fire resistive rating. Most decks are highly combustible structures; their shape traps hot gasses, making them heat traps. Full enclosure of decks or patios eliminates the heat trap, while partial enclosure with canopies or trellises increases the heat trap. The use of non-combustible barrier walls and floors helps prevent the spread of fire from a deck to an adjacent structure. Examples of hazard reduction • If canopies or trellises are employed, standards for decks and patios provide means for quick enclosure • Construct patios, sun decks, and so that windblown flames and heat balconies of concrete or other cannot be trapped beneath them. nonflammable material wherever • If the deck or floor level of a patio or possible; but in no case, use any sun deck is above ground level, seal materials having less than 2-hour off the underside of the deck or floor fire-resistive rating as specified in the by skirting or by a wall to keep fire Uniform Building Code. from burning beneath it. (Protecting • Do not allow carpet in any Residences from Wildfires, USFS, unenclosed portions of these https://www.fs.fed.us/psw/ accessories. publications/documents/gtr-050/ accessories.html). FIRE RATED MATERIALS: The American Society for Testing and Materials assigns fire ratings to materials based on their flame spread index (FSI). Class A or B materials are recommended. Class A materials have a flame spread index (FSI) of 0 - 25. Class B materials have a FSI of 26-75. 8. Emergency Responder Access B. Within one year of adoption of this A. Purpose subchapter, the City shall: It is important that emergency (i) Identify, and, where necessary, responders, including but not limited create two or more routes in to firefighters, have adequate access to and out of each neighborhood a lot and the structures on the lot. The in the Wildfire Hazard Overlay following access requirements will help Zone. Such routes must be ensure that homes and other structures accessible to emergency in the Wildfire Hazard Overlay Zone are vehicles. accessible to emergency responders. (ii) Ensure that all street names and numbers in the Wildfire Hazard Overlay Zone are clearly legible. 53 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation (iii) Identify all lots or parcels in the (iv) Identify all streets in the Wildfire Hazard Overlay Zone Wildfire Hazard Overlay Zone that do not have a driveway that are less than 24 feet wide, that is at least 12 feet wide exclusive of lanes where on- with at least 15 feet of vertical street parking is allowed. clearance. IMPLEMENTATION The following recommendations RECOMMENDATIONS were developed to further demonstrate Wildfire mitigation must facilitate the City of Troutdale’s commitment to collaborative efforts for wildfire community outreach. Ensuring that preparedness between the varied citizen engagement and education stakeholders in an at-risk region. about wildfire mitigation efforts create Research has emphasized the safer, more resilient communities with importance of this process being the goal of decreasing the spread of, conducted in partnership between and damage caused by, wildfires. communities and governments. Such collaboration ensures the recognition of 1. Natural Disaster Advisory Committee a community’s resources and adaptive A. Membership: 11 residents and capacities, which may be built upon electors of the city or Troutdale to improve community resilience business owners. eventually leading to the success of B. Appointment: Recommended by planned reforms. This could also be Selection Committee. Appointed by useful in rebuilding communities, the City Council. where preventative steps can help to C. Term: 3 years—staggered terms. minimize the risk of repetitive loss. Most D. Authority: LCDC Goals 1, 2, and 7; land-use planners and natural resource Section 2.20.XXX of this chapter. managers acknowledge the need to mandate public involvement in such 2. Natural Disaster Advisory Committee decision-making. A. The natural disaster advisory committee shall be composed of Community Engagement & eleven members appointed at large Education to represent the citizenry of the city. Oregon’s Statewide Planning Goal B. Each member shall be a resident 1 is citizen involvement. This goal and elector or a Troutdale states that each city and county in business owner of the city. Oregon “develop a citizen involvement Although representation on the program that ensures the opportunity advisory committee is not based for citizens to be involved in all phases on geographical districts, when of the planning process.” The City appointments are made to the has created many committees so that citizens advisory committee, citizens can be involved in different consideration shall be given to aspects of the planning process. geographical distribution of its Some of these committees include membership. the Budget Committee, Parks Advisory Committee, and the Citizens Advisory Committee (CAC). 54 Wildfire Hazard Mitigation 3. Natural Disaster Advisory be specified by motion or resolution Committee Duties of the council. In this regard the A. The advisory committee shall committee operates to provide review all legislative amendments policy guidance to the council to the city’s comprehensive plan on matters of natural disaster related to natural disaster mitigation and to act as a liaison between and prevention; to include fire neighborhoods and interest prevention and control plans & groups and the city’s elected and flood management plans. appointed officials. The natural B. The planning commission may disaster advisory committee will seek the advice of the natural report recommendations to the disaster advisory committee on council regarding issues assigned quasi-judicial amendments to the by the council. comprehensive plan. C. The natural disaster advisory 4. Natural Disaster Advisory committee may periodically Committee’s Educational review and advise the planning Recommendations commission and council on natural A. Recommendations to the City disaster education programs. Council must consider the The committee will report topography, risk, and community recommendations on natural needs of Troutdale. disaster land use issues to the B. Recommendation can include: planning commission. • Keeping roof and gutters free of D. The committee shall meet whenever all leaves, needles, and debris there is a natural disaster land use throughout the fire season matter requiring its review and at • Checking that all vents in other times deemed necessary by foundation and eaves are screened the committee. with ⅛ inch or finer mesh to prevent E. The committee will create and ember intrusion. disseminate educational material • Maintaining 3–5-foot buffer areas for the general public about wildfire around the foundation with no risk and mitigation efforts. combustible plants or materials in F. Aforementioned material must contact with siding (no bark mulch) include: and cleaning up all leaf and needle • A variety of visual & audio material debris. • Multi-lingual material • Ensuring the area under deck is • Material for all age group clean of combustible debris and no • Any other accessible mediums of combustibles (firewood, lumber, communication for community fuel) are stored underneath. members will be created and • Screening off or enclosing open disseminated as needs of the areas under decks and overhangs community evolve and change. with ⅛ inch metal mesh to prevent ember intrusion. G. The natural disaster advisory • Keeping tree limbs pruned at least committee shall also perform any 10 feet from the house and 10 feet other duties or functions assigned from chimney. by the council. Those duties shall 55 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation • Limb up lower branches 5-6 feet on government. They can specify trees within 30 feet of your home various elements of the • Storing firewood 30 feet away or in development process ranging ember-proof shed from phasing of a larger master- • Keeping dry grass and weeds planned community, tax-sharing mowed to four inches or less for retail development, or critical throughout the fire season. infrastructure responsibilities; and • Keeping the home address clearly (ii) Can be used to guarantee that a posted and visible from the street. proposed development reduces risk to hazards by requiring it to Inter-community Cooperation meet certain use requirements, A. In light of the fact that wildfire site development standards, poses a serious threat to wide conservation practices, or long- areas of land both inside term maintenance provisions and outside the city limits of not already required by land Troutdale, it is important to development regulations. consider how intercommunity and intergovernmental cooperation can In terms of wildfire mitigation, this promote an improved prepared and option enables the city of Troutdale coordinated response. to tailor the mitigation tactics as B. These considerations include the expressed in the recommendations following potential partnerships: contained in this document to current • The unincorporated community of and planned developments within the Springdale; city by negotiating with developers • The unincorporated community of directly. Therefore, the hope would Corbett; and be that development practices would • The general suburbs of Troutdale be consistent with fire mitigation objectives set by city council. C. The following options are not necessarily independent of one Advantages of development another and the council may have agreements: the opportunity to combine certain • Leads to the creation of a separate options to ensure the council’s contract that developers would be objectives are met. beholden to; • Can tailor specific mitigation actions Development Agreements to development and tie these Development agreements are suburb actions to conditions of approval of oriented. Development Agreements are development; defined within the following uses: • Promotes periodic review of the agreement; and (i) A legally binding contract • Allows developers to attain vested between property owners/ rights, giving them the confidence developers and local to develop properly under the conditions of the agreement. 56 Wildfire Hazard Mitigation Disadvantages of development • Reinforces existing stakeholder agreements: partnerships and establishes • Requires third-party involvement to relationships among a wide variety of draft agreements; non-traditional partnerships. • Concerns about “back-door dealing” • There is already research and from the general public; observations of wildfire risks • May be difficult for planners to track; within the County Natural Hazards and Mitigation Plan. • Negotiating and Drafting the agreement is a time-consuming Disadvantages of CWPPs: process. • The creation of another plan may be burdensome to the council as well Community Wildfire as other stakeholders depending on Protection Plans (CWPPs) how the work is portioned; and A CWPP is designed specifically • CWPPs are time intensive and they to address a community’s unique require specialized local knowledge. conditions, values, and priorities related to wildfire risk reduction and Intergovernmental Agreements resilience. Communities with CWPPs Governed by ORS 190.003-190.130, are given priority for funding of a city in Oregon can enter into an hazardous fuels reduction programs agreement with another Oregon carried out under the federal Healthy government. The entity created out Forest Restoration Act (HFRA). The of the agreement can carry out any current CWPP for Multnomah County rules necessary to meet its duties and provides implementable strategies objectives that are contained within to help educate citizens and mitigate Oregon law. wildfire hazards. Therefore, by further Due to Troutdale sitting on the implementing parts of the Multnomah edge of the WUI as well as on the County CWPP into Troutdale-specific border between Rural Fire Protection policy, communities can better mitigate Districts (RFPD) #10 and #14, it may against wildfire hazards. be an important consideration to A CWPP emphasizes stakeholder create intergovernmental agreements engagement and public input. between the city and the communities Communities facing parallel risks can within RFPD #14 for further consistency join together and build a plan that in wildfire protection strategies. keeps them coordinated with one Current CWPP policy only appreciates another. Troutdale and RFPD #10. It is integral that the communities that lie within Advantages of CWPPs: the Interface can properly coordinate • Provides the opportunity to establish with Troutdale. This includes, but is not a locally appropriate definition limited to, evacuation plans, mitigation and boundary for the Wildland- strategies, and recovery efforts. Urban Interface (WUI) and enables Cooperation may mean the difference communities to identify local between lives saved and lives lost; a fire priorities and actions; starting in the East of the County may • Enables access to additional state mean thousands of evacuees passing funding opportunities; and through Troutdale. 57 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation Advantages of intergovernmental Recommendations: agreements: • Within a WUI neighborhood, homes • The intergovernmental entity has are organized into clusters (5-10 autonomy in achieving its goals of fire homes) protection. Therefore, it may alleviate • Each cluster has a leader who burdens upon local governments and communicates with other clusters in organizations; the neighborhood. • Offers a way for the area around and • Each Cluster has access to maps that within Troutdale to be well-informed identify all houses within the cluster, in the instance of an emergency; and evacuation routes, and emergency • Provides a consistent path towards shut-off points mitigation, evacuation, and recovery. • Each Cluster has their own emergency shed with supplies Disadvantages of intergovernmental • Each Cluster occasionally agreements: participates emergency • Negotiations can be time-consuming preparedness courses and and results are not guaranteed; emergency drills • Creates a new entity that requires additional funding; and Advantages: • Burdens may fall unevenly • Builds sense of community depending on how the agreement is • Inter-dependence encourages implemented. preparedness • Encourages education on natural Community Evacuation Planning hazard issues The majority of material that prepares people residing in WUI’s for fire Disadvantages: evacuations has an individualistic • Likely only works in areas where approach that puts the responsibility people reside year-round on individual homeowners. While • Potential problems if some cluster this material is still relevant and helps members are not willing to equally residents in WUI’s prepare for fire participate or lose interest evacuation, preparing for evacuation • Cost challenges around funding at a hyper-local community level could courses and supplies also be beneficial. The recommendation below for a community evacuation Enforcement planning approach is based on a 1995 One of the most difficult aspects study that took place in a Berkeley, of planning for wildfire is how a California neighborhood. local government can enforce its wildfire provisions. Here are some recommendations of how local governments can enforce wildfire provisions when they are being violated. 58 Wildfire Hazard Mitigation Recommendations: Agreements: To ensure that HOA’s • HOA CC&Rs: Today, much are maintaining and enforcing their development is subject to HOA CC&Rs, some local governments Covenants, Conditions, & Restrictions have, at the time of entitlement, (CC&Rs). Many of these CC&Rs retained a “third-party beneficiary have specifications for vegetation status with a right of enforcement” management and building material for wildfire provisions in the CC&Rs. that a HOA can hold homeowners This gives the HOA the primary accountable for. obligation to enforce wildfire • Local Governments as 3rd-Party preparedness, but gives the local Beneficiaries of Maintenance government opportunity to enforce. EXAMPLE CODE LANGUAGE: Laguna Beach, CA Community Wildfire Protection Plan and Other Natural Disasters § 1.1.4.5 “In furtherance thereof, the City shall have the right, but not the obligation, to enforce the performance by the Association of its duties and any other fire prevention requirements, which were imposed by the City or other Public Agency as a condition of approval for the Development (e.g., prohibition of parking in fire lanes, maintenance of the blue reflective markers indicating the location of fire hydrants, etc.) and shall also have the right, but not the obligation, to enforce compliance by any Owner with any Fuel Modification Zone or designated interior/manufactured slopes restrictions applicable to his Lot (or Condominium) as set forth in the Fuel Modification Plan.” • Development Agreements: of those facilities. This allows the Many large-scale developments city to keep growing while ensuring are governed by development its citizens are better prepared for agreements with the local wildfire. government. For large developments • Zoning Maintenance Requirements: in the WUI, the local government Local governments can have can negotiate with the developer zoning ordinances that require an to ensure the development meets approved project to maintain wildfire wildfire preparedness. The local preparedness. These are subject government could also negotiate to the zoning codes enforcement for emergency access easements, provisions, which often offer many dedication of land for firefighting ways to compel. facilities, and on-going maintenance 59 Spring 2021 Exploring Options for Wind Energy and Wildfire Hazard Mitigation EXAMPLE CODE LANGUAGE: Coeur d’Alene, ID Development Code “Maintenance requirements and responsibility shall be clearly identified for all projects where best management practices are employed, including those for erosion and sedimentation control, storm water management, and fuel modification for wildfire mitigation. When a storm water system is designed to service more than one lot, a maintenance agreement between all parties that benefit from the system must be established, including assurance of adequate funding. Easements across private property for maintenance access to community storm water systems shall also be required where necessary. All private maintenance agreements and required easements must be executed prior to issuance of certificate of occupancy, recordation of final plat, or similar approvals of the city.” Nuisance Abatement for Wildlife Federal Emergency Management Hazards Agency: Emergency Management Local governments can adopt nuisance Performance Grant ordinances that define nuisance to This program assists local governments include actions that violate wildfire in preparing for hazards. The preparedness. For an example, see grants issued help local emergency Town of Paradise, California, Code of management agencies obtain required Ordinances, § 8.58.020(A). to support the National Preparedness Goal of a secure and resilient nation Funding Opportunities Federal Emergency Management Oregon Department of Forestry: Agency: Assistance to Firefighters Wildland-Urban Interface (WUI) Grants Grant These grants help communities reduce This program includes funding their vulnerability to wildfire. opportunities for Municipalities seeking to fund fire prevention and safety programs. 60 References References WIND ENERGY DEVELOPMENT Bryce Alsten, Redesigning the wind turbine tower assembly, Wind Aid Institute, https:// Laws www.windaid.org/redesigning-the-wind-tur- bine-tower-assembly/. Or. Rev. Stat. § 468A.205. City of Albany, Planning Commission Meet- Or. Rev. Stat. § 757.300. ing Minutes (March 19, 2012), https://www. cityofalbany.net/images/stories/citycouncil/ OAR 330-070-0020; 330-070-0089. bcc/archive/2012/plc_20120319_min.pdf. OAR 330-070-0022. American Wind Wildlife Institute, Wind Turbine Interactions with Wildlife and their Oregon Governor’s Directing State Agen- Habitats, https://www.energy.gov/sites/ cies to Take Action to Reduce and Regulate default/files/2015/03/f20/AWWI-Wind-Wild- Greenhouse Gas Emissions, Or. Exec. Order life-Interactions-Factsheet.pdf. No. 20-04 (March 10, 2020), https://www. oregon.gov/gov/Documents/executive_or- Lisa Black, Chicago Residential Wind ders/eo_20-04.pdf. Turbine (Illinois, USA), Solaripedia, https:// www.solaripedia.com/13/26/Chicago+Res- City of Dayton Municipal Code, 7.2.413 idential+Wind+Turbine+%28Illinois%2C+U- Small Wind Energy Systems, SA%29.html. https://dayton.municipalcodeonline.com/ Dorothy W. Bisbee, NEPA Review Of Off- book?type=ordinances#name=7.2.413_ shore Wind Farms: Ensuring Emission Re- Small_Wind_Energy_Systems. duction Benefits Ooutweigh Visual Impacts, 31 B.C. Envtl. Aff. L. Rev. 349, 369 (2004). Lincoln City Municipal Code, 17.80.090 Small wind energy systems, https://www. City of Eugene, Appendix 9: Policy Back- codepublishing.com/OR/LincolnCity/html/ ground in Eugene Climate and Energy LincolnCity17/LincolnCity1780.html?Acro- Action Plan, https://www.eugene-or.gov/ batWebCapTID3#17.80.090. DocumentCenter/View/2807/09---Eugene- Climate-and-Energy-Action-Plan---Ap- Pearisburg, Va. Code of Ordinances § 66-37 pendix-9---Policy-background?bidId=. (2014). Distributed Wind Energy Ass’n, Distribut- Seaside Municipal Code, 17.52.270 Wind ed Wind Model Zoning Ordinance Draft V Turbines (amended 2017), https://www. (2014), https://distributedwind.org/wp-con- codepublishing.com/CA/Seaside/#!/Sea- tent/uploads/2012/08/DWEA-DW-Mod- side17/Seaside1752.html#17.52.270. el-Zoning-Ordinance-FINAL_Feb2014.pdf. Village of Schaumburg Municipal Code, Distributed Wind Energy Ass’n, Model §154.70 Renewable Energy, https://perma. Zoning Ordinance, Final (2014), https:// cc/5UY5-5YMK. distributedwind.org/assets/docs/ PandZDocs/dwea-model-zoning-ordi- Other References nance-passed-01-07-12.pdf. Sarah J. 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