Laws & Ordinances

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By enacting the Right-to-Farm statute, New York’s legislature intended to provide some protection for farmland against encroachment from non-agricultural development [7]. The Heritage Wind project is non-agricultural. 

The NYS Department of Agriculture & Markets policy states, "It is, therefore, declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products [1]." As an agricultural Right-to-Farm community, allowing the Heritage Wind project in our town defies the state's goal of preserving and protecting our land for the production of food and agricultural products. Wind is not an agricultural product and cannot be cultivated or harvested. Industrial Wind Turbines are INDUSTRIAL, not agricultural. 

The NYS Department of Agriculture & Markets policy also states, "It is also the declared policy of the state to conserve and protect the agricultural lands as valued natural and ecological resources which provide needed open spaces for clean air sheds, as well as for aesthetic purposes [1]." The +/- 33 650'-680' Industrial Wind Turbines would ruin the natural beauty of our region. We will no longer have open spaces, clean air sheds, or the aesthetics that makes Barre beautiful.

aes·thet·ics/noun: aesthetics

1. a set of principles concerned with the nature and appreciation of beauty.

Converting agricultural land for the use of Industrial Wind Turbines irreversibly destroys it. The Heritage Wind project would destroy over 53 acres of agricultural land for turbines, collection lines, access roads, towers, and maintenance building(s). During construction, an additional 15 acres would be lost to staging areas. Tons and tons of concrete would be poured into the earth and filled with rebar to build the turbine foundations. These concrete foundations would be permanent. If the wind turbines were ever to be decommissioned, these foundations would simply be covered up, permanently changing the agricultural land. As a Right-to-Farm community, our soil is our most valuable resource and these concrete foundations would change the soil and ecosystem. Altering our agricultural landscape violates the Right-to-Farm purpose and values. 

7th generation farmers from Iowa explain it the best: "The construction of industrial wind turbines affects aquifers, water flow, tile lines, soil erosion, soil compaction, air pressure and current, in essence—it is destruction of the best soil in the world, the farmland that the generations before us were proud of and left for us to feed the world with [14]." 

The Town of Barre Zoning Regulations states:

"SECTION 101 PURPOSE

This Zoning Ordinance is adopted pursuant to the Town Law of the State of New York, to promote and protect the public health, safety, and general welfare and in furtherance of the following related and more specific purposes:

1. To protect the open, rural and natural character of the land. 

2. To preserve the town's natural resources and habitats.

3. To guide and regulate the orderly growth, development, and redevelopment of the Town of Barre in accordance with a well-considered plan and with long-term objectives, principals and standards deemed beneficial to the interest and welfare of the people."

• Industrial Wind Turbines that are 650'-680' in height violate the stated purpose of the town's zoning regulations. 

Article V of the Zoning Regulations explain the allowed use of different zoned properties within the town:

"SECTION 500 AGRICULTURAL/RESIDENTIAL DISTRICT (AR) 

A.         PURPOSE 

The purpose of the AR Agricultural/ Residential District is to protect agricultural lands and uses from incompatible uses and development; to maintain an open rural character of the community; to assure compatible types and densities of development; to provide for low density, rural development on lands where public sewers and water service do not exist and are not envisioned in the near future;  and to protect the natural environment."

• Industrial Wind Turbines are neither residential nor agricultural, therefore should not be allowed in areas zoned as such. 

Article VI of the Zoning Regulations lay out very specific rules and restrictions about signs that are allowed in the Town of Barre. "The purpose of these regulations is to provide comprehensive time, place and manner restrictions on signage including, but not limited to, controls on size, height, quantity, location, spacing, shape, lighting, motion, design and appearance for the purpose of promoting community aesthetics, traffic safety, economic development and the protection of property values."

• The Town of Barre should enforce the same principals when it comes to Industrial Wind Turbines as it does about signs. 

The current Town of Barre wind ordinance states that the property line setback for Industrial Wind Turbines must be no less that 1.5x turbine tip height [2], which for a 650' - 680' Industrial Wind Turbine is only 975 - 1,020 feet. Our current setbacks are improper and dangerous to residents' heath, well-being, and property values. Madison County, Iowa is #2 for wind turbines in the United States and their county Board of Health recommends a minimum setback of 1 1/2 miles from non-participating properties [6].  Other towns and counties in New York State are updating their wind ordinances so that the distance and noise regulations better protect the health, welfare, and property values of their residents. The Town of Barre needs to do the same.

The Chautauqua County Board of Health recommends setbacks of at least 1.5 miles and no more that 35 dB noise from closest residence.  Watch here and learn more here. We would be wise to listen to our neighbors to the west.