Paulding County farmers, wind industry association sue state over restrictive wind setback law

A group of farmers in Paulding County has filed suit against the state of Ohio, alleging that the Ohio General Assembly violated the state constitution when it passed a dramatic increase in wind setback mandates. In a case joined by the wind industry, the farmers assert that the legislature passed the amendment in House Bill 483 in 2014 in a totally unrelated piece of legislation, which is in violation of the "single subject" rule. The legislature adopted the surprise mandate just before the bill's passage, without any opportunity for input from affected landowners. Plaintiffs are requesting that the court strike down the provision due to this egregious constitutional violation.The lawsuit was filed today, Nov. 12, in Paulding County Common Pleas Court.Prior to HB 483, the minimum wind turbine setback distance from a neighboring property line was “1.1 times the height of a turbine.” The minimum setback from a habitable structure was 1,125 feet measured from the tip of the turbine blade. HB 483 replaced the property line setback with the much longer statutory minimum habitable structure setback distance – 1,125 feet.Prior to enactment of HB 483, 12 commercial-scale wind farms were approved by the Ohio Power citing Board, but since the bill’s passage, there have been zero, according to the lawsuit. Every Ohio wind project under development has been abandoned or stalled. Meanwhile, private demand for wind energy has skyrocket, documents stated.The plaintiffs claim the current setbacks “will continue to harm development and deprive local landowners and communities of the substantial economic and environmental benefits of wind energy.”