Solar and Wind Energy Conversion Systems – Land Use Bylaw Amendments

Council gave final reading to Bylaw 1943 which updated the Municipal District’s current processes regarding the review and permitting of renewable energy systems and will address common development matters relating to both solar and wind energy systems’ application requirements, siting criteria, development standards, and decommissioning which have been identified since the adoption of Land Use Bylaw 1826 in 2019.  First reading of Bylaw 1943 occurred on January 25, 2023, the Public Hearing date was conducted on February 22, 2023 and second and third reading were both conducted on February 22, 2023.

Schedule 11:  Wind

1. Renaming and reclassifying wind development into two categories from three: Industrial (utility and large-scale) and Individual (personal and small-scale) wind energy conversion systems.  The categorizations are based current trends for individual households or agricultural operators to augment on-site power use while selling excess power into the power grid, secondary to personal consumption but not for sole commercial gain, and a move by Industry to construct large utility scale systems with are intended for off-site consumption, distribution to the marketplace as an electrical producer. 
2. Updating the development standards for individual wind energy conversions systems to include a maximum tower height of 40ft on parcels less than an acre in size and 65ft on parcels greater than 1 acre while limiting the number of towers to one.  
3. For Industrial (utility-scale) Wind Energy Conversion System, updating the development application requirements to include additional information regularly requested by the Development Authority, such as visual representation of the development from various vantage points, solar glint and glare assessments, erosion control, haul routes, estimated vehicle trips, emergency management plans, including fire response, weed management plans, and landowner and neighbourhood response. 
4. Added updated setback distances including that a WECS shall be setback:
   1. not less than 7.6 m (25 ft) from all property lines not fronting on or adjacent to a municipal roadway as measured from the rotor’s arc (rotor diameter).
   1. from a dwelling unit within the wind farm project boundary (lands leased for wind energy development) not less than 300 m or as meets AUC Rule 012 permitted levels, whichever is greater.
   1. from a dwelling unit not within the wind farm project boundary (lands leased for wind energy development) not less than 800 m or as meets AUC Rule 012 permitted levels, whichever is greater.
   1. At no time shall the cumulative modelled sound level of a multi-WECS measured at the wind farm project boundary (including all titled parcels participating in the project) exceed 40dBa unless an easement, as approved by the Development Authority, is agreed to by the affected landowner and registered on the affected title.
   1. A WECS shall be setback from a developed or undeveloped municipal roadway not less than the total height of the WECS, plus 10 percent.
5. Adding updated decommissioning requirements for large-scale and utility-scale WECS as are currently under the Alberta Environmental Protection and Enhancement Act as part of the provincial decommissioning process (for further reading, refer to the Conservation and Reclamation Directive for Renewable Energy Operators prepared by Alberta Environment and Parks, 2018). 
6. Adding that security may be required to be posted to ensure soil erosion during and post-construction has been managed in accordance with the Alberta Soil Conservation Act.  In addition, reclamation security be required to be posted and held for the life span of the development in a form and amount to be determined appropriate by the Development Authority to ensure that the lands used for the industrial activities associated with renewable energy activities are conserved and reclaimed in an environmentally sound and timely manner.
7. That the new “Wind Energy Conversion System, Individual” be added as a permitted use to the Rural General – RG, Claresholm Industrial Area – CIA, Rural Industrial – RI, Rural Agri Industrial – RAI, Rural Commercial – RC, Reservoir Vicinity – RC, Rural Recreational – RR Land Use Districts and added as a discretionary use to the Rural Hamlets – RH, Moon River Estates – MRE, Grouped Country Residential – GCR, Vacant Single Lot Country Residential – VCR and Nanton Urban Fringe – NUF Land Use Districts.
8. That the new use “Wind Energy Conversion System, Industrial” be added as a discretionary use to the Rural General – RG and Rural Industrial – RI Land Use Districts and added as a prohibited use in the Nanton Urban Fringe – NUF Land Use District.

Schedule 12:  Solar

1. Renaming and reclassifying solar development into two categories: Industrial (utility and large-scale) and Individual (personal and small-scale) solar energy systems.  The categorizations are based current trends for individual households or agricultural operators to augment on-site power use while selling excess power into the power grid, secondary to personal consumption but not for sole commercial gain and a move by Industry to construct large utility scale systems with are intended for off-site consumption, distribution to the marketplace as an electrical producer.  Individual systems that are determined to be more commercial/industrial in terms of power distributed to the power grid for profit will be processed as an industrial solar energy system. 
2. Updating the development application requirements for solar energy systems to include additional information regularly requested by the Development Authority, such as minimal clearance of panels from ground level, reflective value of panels, site grading and drainage plans, erosion control, fencing, haul routes, estimated vehicle trips, emergency management plans, including fire response, weed management plans, and any additional information deemed necessary by the Development Authority to assess the suitability of the proposed development.
3. Including a standard establishing a minimum setback for industrial (utility-scale) solar energy systems including:
   1. not less than 30.5 m (100 ft) from all property lines not fronting on or adjacent to a municipal roadway; and
   1. not less than 45.7 m (150 ft) from all property lines not fronting on or adjacent to a municipal roadway; and
   1. not less than 152.4 m (500 ft) from a dwelling unit within or adjacent to the solar farm project footprint boundary measured from the wall of the dwelling.
4. Adding development standards applicable to utility-scale solar energy systems, including surface drainage and erosion control, screening, spacing between solar collectors for firefighting, and minimal clearance of panels from grade to facilitate and maintain growth of perennial vegetation.
5. Updating siting criteria for large-scale and utility-scale solar collectors.
6. Adding decommissioning requirements for large-scale and utility-scale solar collectors.  The amendments proposed address decommissioning information submitted to the municipality only.  Solar energy power plants proposing to decommission parts or all of a project are currently required to obtain a reclamation certificate under the Alberta Environmental Protection and Enhancement Act as part of the provincial decommissioning process (for further reading, refer to the Conservation and Reclamation Directive for Renewable Energy Operators prepared by Alberta Environment and Parks, 2018).  Operators planning to decommission all or parts of a project are required to submit to the Alberta Electric System Operator an updated Conservation and Reclamation plan describing the decommissioning, reclamation, and monitoring activities, an estimate of timelines to complete the activities, and a reclamation certificate application.  Alberta Environment and Parks is responsible for issuing reclamation certificates. 
7. Adding that security may be required to be posted to ensure soil erosion during and post-construction has been managed in accordance with the Alberta Soil Conservation Act.  In addition, reclamation security be required to be posted and held for the life span of the development in a form and amount to be determined appropriate by the Development Authority to ensure that the lands used for the industrial activities associated with renewable energy activities are conserved and reclaimed in an environmentally sound and timely manner.

8.      That the new “Solar energy system, individual – roof or wall mounted” use be added as a permitted use to the Rural General – RG, Rural Hamlets – RH, Moon River Estates – MRE, Grouped Country Residential – GCR, Claresholm Industrial Area – CIA, Rural Industrial – RI, Rural Agri Industrial – RAI, Rural Commercial – RC, Reservoir Vicinity – RC, Rural Recreational – RR, Vacant Single Lot Country Residential – VCR and Nanton Urban Fringe – NUF Land Use Districts.

9.      That the new “Solar energy system, individual – ground mounted” use be added as a permitted use to the Rural General – RG, Claresholm Industrial Area – CIA, Rural Industrial – RI, Rural Agri Industrial – RAI, Rural Commercial – RC, Reservoir Vicinity – RC, Rural Recreational – RR Land Use Districtsand added as a discretionary use to Rural Hamlets – RH, Moon River Estates – MRE, Grouped Country Residential – GCR, Vacant Single Lot Country Residential – VCR and Nanton Urban Fringe – NUF Land Use Districts.

10.    That the new “Solar energy system, industrial” use be added as a discretionary use to the Rural General – RG, Claresholm Industrial Area – CIA, Rural Industrial – RI, and Rural Commercial – RC Land Use Districts.

Conclusion:

It is important to note that while a municipal land use bylaw may contain provisions regulating matters related to solar or wind energy systems, the Alberta Utilities Commission (AUC) is ultimately responsible for issuing approvals for power plant applications (of which a wind or solar energy system may constitute). In accordance with section 619(1) of the Municipal Government Act (MGA), an approval granted by AUC prevails over any statutory plan, land use bylaw, subdivision decision or development decision, subdivision and development appeal board, or the Municipal Government Board or any other authorization under Part 17 of the MGA.  In accordance with section 619(2) of the MGA, a municipality must approve an application for a statutory plan amendment, land use bylaw amendment, subdivision approval or development permit approval to the extent that it complies with the approval granted by AUC.