Better Plan, Wisconsin

From Five Questions to Ask Before Signing a Wind-Energy Lease

Source: Corn and Soybean Digest

March 15, 2012

1. How will the lease affect my farming operation?

A commercial wind project needs about 60 acres of land per megawatt (MW). But only 3% of that area — roughly three acres — is occupied by turbines, substations and access roads. The rest is a buffer zone to preserve wind flow. The lease should clearly state your rights to use the land for farming, grazing, development of subsurface minerals, hunting or other uses, Jambor-Delgado says.

Despite a relatively small footprint, a wind project can significantly affect farm operations, efficiency and production, says Dwight Aakre, North Dakota State University Extension farm management specialist.

Turbines and access roads can change field configurations, disrupting row orientation and creating inconvenient end rows or land fragments inaccessible to large equipment.

Field-drainage patterns may be altered. Center-pivot irrigation systems can be blocked. On grazing land, fences, gates and cattle guards may have to be changed.

“Aerial crop spraying is often an issue,” Aakre says. In the north, snow plowing can cause headaches for growers. “Those access roads have to be kept open, and if the snow piles up in the field it can take a long time to melt in the spring, delaying or preventing planting.”

Farmers should raise agricultural-production issues in the initial contract talks, says Dean Retherford of Halderman Farm Management, Lafayette, IN. Retherford has helped negotiate leases for several wind projects in northwest and west-central Indiana, involving 39 wind turbines on farms he manages.

“We learned to request input on the location of roads,” Retherford says. “And the wind companies found that landowners were more of a help than a hindrance” in site decisions, he says.

The lease should clearly state how you will be compensated if land is taken out of production or crops, livestock, soil or other property are damaged during construction or operation. On one of the farms Retherford manages, for instance, a crane crushed half a mile of brand new 12-in. tile.

2. How long will the lease tie up my land?

Wind-power leases often last 50 years. The long lease period is necessary to give the developer time to earn a return on the huge up-front investment needed to build a wind farm.

The initial lease term is usually 25 years — the expected life of a turbine. Wind-power leases also include a renewal provision, extending the contract for another 20 or 25 years. The decision on whether to renew the lease is almost always the tenant’s exclusively, Ferrell says. “Landowners don’t have any say.” However, some leases may allow landowners to renegotiate the commercial terms at renewal time. “This is where collective bargaining is a very helpful tool.”

Wind leases will probably affect your estate plans, too, he adds, so it’s a good idea to include your heirs in the discussions.

3. What are my obligations under the lease?

The lease will prohibit you from doing anything that obstructs the flow of wind over the surface of your property.

This includes restrictions on the height and location of structures such as barns, grain bins, cell towers, even houses and trees. In some cases, Ferrell says, the lease may prevent you from improving your property without permission from the wind company. “If you have improvements planned for the property, get approval for them” before you sign the lease, he says.

That goes for drainage upgrades, too, says Retherford, the Indiana farm manager. Wind farms often include underground power lines. “If you’re thinking of installing pattern tile in the next 10 years or so, do it before the turbines come.” After the project is built, you will need advance permission to maintain or repair tile, he adds.

You must also avoid damaging the wind-power structures. Vehicular accidents, fires or other mishaps can result in big losses, which may not be covered by your personal and farm-liability policies, Aakre says.

You will probably need to buy additional insurance to satisfy your indemnification obligations, Ferrell says. “This is especially important if you lease the property to hunters.” He adds: Increased insurance requirements for the landowner should be factored into compensation negotiations.

 Likewise, the developer should indemnify you from damage claims arising from the tenant’s use of your land, Jambor-Delgado says.

Wind-power leases may also affect your obligations under other land agreements, she says. If the property has a mortgage, for example, you may need your lender’s consent to enter into a wind-company lease.

The lease should address the payment of debts secured by the land as well as placement of new liens on the property, she says.

Be wary of lease provisions that require you to personally obtain subordination agreements from your creditors, or that prevent you from using your land to secure future credit, Ferrell says.

A wind lease may also affect your eligibility for government farm programs, Jambor-Delgado says, so don’t sign a lease before checking with the appropriate agencies.

4. How will I be compensated?

Lease payments can be structured in many ways, including:

            •fixed payments based on acreage, towers or megawatt capacity;

            •royalty payments based on a percent of gross revenue;

            •or some combination.

All the wind-lease payments that Dean Retherfordhas negotiated are based on gross revenue per turbine. Each 1.5- or 3-MW turbine earns an annual royalty payment of $5,000 and $8,000, he says. The wind companies pay property taxes on the commercial facility, but not on the leased land.

Most wind-power leases today provide for similar royalties based on revenue, Ferrell says — typically 3-5% of gross earnings. The contract should clearly spell out how your payment will be calculated.

For example, if your royalty is 4% of gross revenue, how will gross revenue be defined? Does it include only the sale of electricity, or does it also include revenue from the sale of tax credits or renewable energy credits? Will your payment be based on revenue from the turbines on your land alone, or on average revenue for the entire wind farm? What can be subtracted from gross revenue? Can the wind-power company deduct for power lost during transmission or for periodic curtailments?

Leases that include a royalty should also set a minimum rent that will be paid whether or not the turbines are generating power for sale, Ferrell says. In addition, many royalty leases now include an “escalator” provision raising the royalty percentage at specified intervals. This arrangement can be a good deal for both the developer and the landowner, he says. During the early years of the project, the company can recover its initial costs faster. In later years, the landowner shares in a greater percentage of profits.

Royalty leases should always include an audit provision, Aakre says, which allows access to the company’s financial records “to verify the revenues produced by the wind farm.”

5. What happens when the project ends?

“A frequent fear of landowners is that the developer will default or dissolve, and the landowner will be left with huge, inoperable machines” littering the property, Ferrell says.

Such fears are not unfounded, Aakre says. “It’s a real risk.” North Dakota’s relatively weak reclamation law, for example, “permits turbines to stand idle so long that the company could be long gone.”

Your lease should provide for the removal of the wind farm structures and roads when the project is finished and restoration of the soils, Aakre says. The lease should outline your rights if the wind company doesn’t fulfill its obligation. Some agreements require a performance bond from the developer to ensure that money is available to pay for decommissioning.

Land reclamation is one of the most difficult parts of a wind-power lease negotiation, Retherford says. Although the towers have significant metal salvage value, they require specialized cranes to dismantle. And the massive foundations are expensive to remove.

“Each turbine has 40 yards of concrete in the foundation. One company wanted to grind the concrete down to 6 ft., but we negotiated removal down to 8 ft. so you could tile over it.” Benton County, IN, where the project is located, requires wind companies to deposit money in an escrow fund to pay for the reclamation, he adds.

Types of wind-power property agreements

There are several types of legal agreements that give developers access to your land and wind, says Jennifer Jambor-Delgado, a staff attorney at Farmers’ Legal Action Group, which has published a book on wind-power leases (www.flaginc.org). Farmers should keep in mind that “once you have a written agreement with a developer, that agreement controls” the rights and obligations of both parties, she says. “Any verbal agreements can’t be relied on if they are not written into the contract.”

Property agreements used to develop a wind farm include:

• Option: Gives the developer the right to lease the land at an agreed-upon price, subject to agreed-upon terms.
• Access Easement:Allows the developer to travel across your property and construct roads to reach turbine areas.
• Construction Easement: Gives access for construction of turbines and support equipment, as well as temporary “lay-down” areas for equipment and machinery storage.
• Transmission Easement: Allows developer to construct and operate underground and above-ground transmission lines and substations.
• Wind Non-obstruction Easement: You agree not to construct any improvements that could interfere with wind speed or direction.
• Overhang or Encroachment Easement: You agree to allow turbine blades to overhang your property, even if the turbine is not on your land.
• Noise Easement: You agree to allow a certain level of noise from the turbine.
• Covenant:Binds later purchasers of the land to abide by certain restrictions.
• Lease:Creates a landlord-tenant relationship for a set period of time allowing tenant the exclusive right to use the property. If the landowner wants to retain rights to use the land, such rights must be specifically stated.

Sources: Shannon Ferrell, Oklahoma State University; Windustry; Farmers’ Legal Action Group, Inc.

From Michigan

EXELON SAYS IT'S WORKING WITH UPSET LANDOWNERS

“To say landowners are irate is putting it mildly,” said Fred Hasen, Huron County Planning Commission chairman.

By Kate Hessling, Assistant News Editor,

Source: Huron Daily Tribune, www.michigansthumb.com

March 10, 2012 

ELKTON — A spokesman from Exelon Corp. said Friday the company is working one-on-one with landowners in the Harvest Wind II project to address concerns about land being damaged because of preliminary construction activities for the 59.5 megawatt expansion of Harvest Wind I.

During Wednesday’s Huron County Planning Commission meeting, officials said they had been contacted by landowners in the project area, which includes land in McKinley, Chandler and Oliver townships, because they had concerns that contractors installing underground electrical cables have not been respectful of the farm land, and they fear the activities will affect the condition of the land in the spring.

“To say landowners are irate is putting it mildly,” said Fred Hasen, Huron County Planning Commission chairman.

Bob Judge, communications manager for Exelon Corp., said in the process of trenching land to install underground electrical cable, there have been some issues with equipment because the ground hasn’t frozen as deep as it normally would in this milder-than-normal winter.

“We are handling this situation … and Harvest Wind II will restore the land to the conditions (that existed) before construction,” Judge said, noting conditions in the lease agreements with landowners require the project restore the land to pre-construction conditions. “We are dealing with landowners on a one-to-one basis as this issue arises.”

Exelon still needs final site plan review approval before any wind turbines are erected, and building and zoning officials said the concerns of area landowners will be a topic of discussion when Exelon comes before the planning commission for final approval for its work in McKinley Township.

Oliver and Chandler townships are not under the county’s zoning jurisdiction, but concerns of those landowners will be discussed at the county-level because they are Huron County citizens, planners said Wednesday.

Hasen said Exelon, as well as other wind developers, need to remember they are guests of Huron County, using Huron County’s resources, as wind development projects progress.

Judge said Exelon understands some temporary damage has occurred, and it will restore the land to its pre-digging condition once the trenching is done.

He said trenching began earlier this year, and the project currently is in the beginning phase of construction. Turbine assembly is expected to take place this summer, and the project is expected to be operational by the end of this year.

Project officials previously stated the project will consist of 30 turbines if it uses 2-megawatt turbines and 32 to 33 turbines if it uses 1.8-megawatt turbines.

In the Harvest Wind I project, there are five turbines in Chandler Township and 27 in Oliver.

Video courtesy of The Forest Voice-- Residents speak about life with 500 foot turbines in the Shirley wind project, Brown County, Wisconsin.

AID FOR WIND TURBINE VICTIMS SOUGHT

Brown Co. panel: State should pay medical bills for those near wind farm

by Doug Schneider,

via Green Bay Press-Gazette, www.greenbaypressgazette.com

January 26, 2012 

Supervisor Patrick Evans said the government must do more to protect citizens until more is known about potential dangers, saying at least two local families living near wind farms have abandoned their homes and others lost thousands of dollars because livestock died mysteriously. “This problem is very real,” he said.

Wisconsin should pay the medical bills of Brown County residents who were made ill by industrial wind turbines, some county supervisors say.

Saying the state allowed “irresponsible placement” of industrial wind turbines in the Glenmore area, the Brown County Human Services Committee has approved a measure to ask the state to pay emergency aid to families living near the Shirley Wind Farm.

The request, which seeks an unspecified amount until the “hardships are studied and resolved,” could come before the full County Board next month.

It is the latest attempt by county supervisors and other officials to manage an issue in which some residents began experiencing conditions such as anxiety, depression, weight loss and increased cancer risks since the wind farm was erected in 2010.

“There is a 70-year-old woman who lost 20 pounds from not being able to eat,” said Barbara Vanden Boogart, a member of the Brown County Citizens for Responsible Wind Energy, an advocacy group. “There are two adults who sleep an average of one and a half hours a night.”

Shirley’s operators insist their facility has been built and operated safely.

Wind farms have been a topic of debate in Wisconsin in the past several years. Advocates say wind pollutes less than coal and is less expensive and less potentially dangerous than nuclear energy.

Officials say the facilities’ record isn’t good enough. The County Board resolution says the state was irresponsible in allowing the Shirley Wind Farm to be built without consulting an expert on the medical consequences of living near wind turbines.

Supervisors said they had no indication Wednesday of how the state would respond to their request. They said the answer would be up to officials in Madison to resolve this spring.

Supervisor Patrick Evans said the government must do more to protect citizens until more is known about potential dangers, saying at least two local families living near wind farms have abandoned their homes and others lost thousands of dollars because livestock died mysteriously.

“This problem is very real,” he said. Being upstairs in a house near the Shirley facility, he said, “felt after 10 or 12 minutes like you were getting carbon-monoxide poisoning.”

Lawmakers also are calling on the state to adopt turbine-siting guidelines approved by citizens groups.

State Sen. Frank Lasee, R-Ledgeview, last week introduced a bill to allow cities, villages, towns and counties to establish the minimum distance between a wind turbine and a home — even if those rules are more restrictive than any the state enacts.

Statewide wind-siting rules, more than a year in the making, were suspended last March. Lawmakers sent those rules, which dealt with farms of less than 100 megawatts, back to the state Public Service Commission, where they have stayed as officials worked to reach a compromise.

Lack of regulatory agreement, particularly on the issue of how far a turbine must be from a property line, has tempered enthusiasm about wind farms. A corporation in 2011 scrapped plans for a 100-turbine development in the Morrison-Glenmore area.

On the net

» Wisconsin Citizens Safe Wind-Siting Guidelines: http://www.wind-watch.org/documents/wisconsin-citizens-safe-wind-siting-guidelines

NOTE FROM THE BPWI RESEARCH NERD: The families having trouble living with the Brown County turbines are not alone: 

CLICK HERE to see photos and read the daily wind turbine noise log kept by a resident living in the Invenergy wind project near the Town of Byron in Fond du Lac County 

SECOND FEATURE

From Ontario

LOCAL HEALTH EXPERT: LOTS OF ROOM IN CANADA FOR WIND TURBINES

by David Meyer,

Via The Wellington Advertiser, www.wellingtonadvertiser.com

January 27, 2012 

Dr. Jeff Aramini is a public health epidemiologist and former senior scientist with Health Canada and the Public Health Agency of Canada. He and his family live 2.5km from a proposed wind farm near Belwood.

He has just taken part in a study of the alleged effects of wind turbines on health in two communities in Maine, in the United States, and the results indicate the closer wind turbines are to people’s home, the higher their chance of sleep disruption and their chances of suffering depression.

C. WELLINGTON TWP. – Opponents of industrial wind turbines have been telling the provincial government for several years it needs to do some health studies before approving such machines close to homes.

Some of those opponents did not wait for the province. Dr. Jeff Aramini is a public health epidemiologist and former senior scientist with Health Canada and the Public Health Agency of Canada. He and his family live 2.5km from a proposed wind farm near Belwood.

He has just taken part in a study of the alleged effects of wind turbines on health in two communities in Maine, in the United States, and the results indicate the closer wind turbines are to people’s home, the higher their chance of sleep disruption and their chances of suffering depression.

Aramini said in an interview on Monday people opposed to wind farms in the Belwood area asked him to check health effects because of his expertise in that field.

His partners were Dr. Michael Nissenbaum of the Northern Maine Medical Center in Fort Kent, and Dr. Chris Hanning, of University Hospitals of Leicester, in the United Kingdom.

Aramini said in an interview the two communities studied are “not unlike anything here.”

He said it was “a little surprising the health effect that came across the strongest was depression.”

The study was peer reviewed, which means experts from around the world had an opportunity to comment on it. The study was published last year in the 10th International Congress on Noise as a public health problem in Great Britain.

The peer review is important for those opposing wind turbines.

Janet Vallery, a spokesman for Oppose Belwood Windfarm, highlighted a difference between the study Aramini was involved in and the studies being cited by the provincial government.

“The Ontario provincial government used literature reviews as a basis for determining setbacks,” she said. “This new research deems setbacks less than 1.5km must be regarded as unsafe.”

Aramini said the questionnaire tool used for the research “has been used millions of times around the world.”

The researchers found, “It wasn’t simply close and far … It was, the closer you get, the [more] progressively your risk rises.”

He noted, too, that only adults were considered in the study, and wondered what effects sleep disruption would have on children.

“Losing sleep is a big deal. In kids, it affects their learning,” said Aramini.

There were about 80 adults involved in the Maine study, with about half living 2 to 3km away from a turbine, and others lived farther away than 3km.

The Ontario setbacks from human habitation is 550 metres and Aramini said that increases chances of people suffering from clinical depression by 369%.

“It’s doubling to tripling the chance of you being at risk if living that close,” he said, adding if just one person is affected badly, it is too many. “We’re talking about real people.”

Aramini said people ask him regularly about how close they can live to turbines, and if he would buy a home close to one.

“If you’re within 2km, I’d think twice,” he said about purchasing a home, adding he suggests people talk to their physician prior to turbines going in if they live near where the machines are proposed.

Aramini said it is vexing the provincial government is forcing people to endure turbines when there is plenty of land available that is not anywhere near human habitation.

“The thing that disappoints me is Canada is a big place. Surely we can put them in a place away … For God’s sake, put them out in the middle of nowhere, away from people.”

Unfortunately, he said of the issue, “Clearly there’s a lot of politics and money involved.”

Despite the study’s claims to the contrary, the Canadian Wind Energy Association (CanWEA) maintains there is no “conclusive” correlation between turbines and health issues.

NOTE FROM THE BPWI RESEARCH NERD: These recent photos of the We Energies wind project in Columbia county were taken by Jim Bembinster. They show how the siting of wind turbines has resulted in field fragmentation. What is not visible in the photos is the severe soil compaction that will affect crops.

CLICK HERE to see more pictures from this project, and to download larger versions of these files

Michigan

THREE RECALLED IN JOYFIELD TOWNSHIP

TRAVERSE CITY — Voters have recalled three Joyfield Township officials they believe are too closely tied to a controversial wind project.

Supervisor Larry Lathwell, Clerk Gary Lathwell, and Treasurer Debra Lindgren have been recalled leaving just two members left on the board.

The trio signed leases with Duke Energy to have turbines placed on their property. and some residents say its a conflict of interest.

The Benzie County Election Commission, which is made up of the county’s clerk, probate judge, and treasurer will now chose an interim board member for the township. That will give them enough officials to vote for new members.

Whoever is chosen will serve until the next election in February 2012.

Continue reading...www.upnorthlive.com

Wind Turbine Opponents score victories in two township elections.

In Riga Township, residents voted 440 to 236 to uphold an ordinance that wind turbine supporters say effectively bans turbines in the township.

The vote means that the turbine ordinance enacted July 6 by the township board will stay in effect. That ordinance requires turbines to be no less than four times their own height from non-participating properties and also limits noise levels to 40 decibels between 10 p.m. and 6 a.m. and 45 decibels between 6 a.m. and 10 p.m.

In Ogden Township, the candidates backed by wind turbine opponents won the races for township supervisor and township clerk.

Continue reading... Daily Telegram

Maine:  

Ban on large wind turbines approved in Brooksville:

BROOKSVILLE, Maine — Residents here voted overwhelmingly on Tuesday to approve a wind power ordinance that likely means the Hancock County town will be off-limits to commercial wind energy facilities....

Additionally, the ordinance adopts noise standards for wind turbines that are stricter than those currently required by the state. Turbines will be prohibited from generating in excess of 35 decibels for any continuous, 5-minute period — except during unusual weather events — as measured from neighboring properties. That standard is also more stringent than new, 42-decibel standards proposed by the Maine Board of Environmental Protection.

Continue reading... bangordailynews.com

Cushing approves new wind turbine ordinance

Cushing — Cushing residents voted Nov. 8 to enact a new town Wind Turbine Ordinance, limiting wind turbines to a maximum of 80 feet tall.

Residents supported the proposed ordinance by a vote of 273 to 181.

Under the ordinance wind turbines that meet the height requirement will be required to meet sound limits at the property lines. These limits will not support large commercial wind turbine installations.

Continue Reading.....Herald Gazette, knox.villagesoup.com

Rumford wind ordinance OK'd

RUMFORD — Third time’s a charm proved true Tuesday when a majority of voters overwhelmingly approved the third proposed wind ordinance in two years.

The tally was 1,137 “yes” to 465 “no,” Town Manager Carlo Puiia said. Fifty ballots were blank, meaning those voters didn’t select either answer.

The vote essentially kills any wind farms coming to Rumford until technology improves or the ordinance gets amended, he said.

Continue reading.....Sun Journal, www.sunjournal.com

New York State:

Hirschey defeats White in Cape Vincent; victory for anti-wind group

Regarding Mr. Hirschey’s plan to pass a moratorium on wind development to create a wind zoning law, Mr. White said that plan would “backfire” on the new town board because wind farm developers are likely to submit another application for the state to consider under the state-controlled Article X, essentially stripping Cape Vincent of home rule.

“I’m not upset,” said Mr. White, who as co-owner of White Farm holds contracts with both the St. Lawrence Wind Farm and the Cape Vincent Wind Farm projects. “I think the people of Cape Vincent will regret this later.”

Continue reading: watertowndailytimes.com

THE VIEW FROM ABOVE: FARM FIELD FRAGMENTATION IN WE ENERGIES GLACIER HILLS WIND PROJECT IN COLUMBIA COUNTY, WISCONSIN.

Photos by Jim Bembinster

Photo by Jim Bembinster, Columbia County WI 2011

NOTE FROM THE BPWI RESEARCH NERD: Wisconsin farmers sign on with wind developers because it seems like easy money. They are told they can farm right up to the turbine foundations. They are told about a quarter acre of land will be taken out of production for each turbine.

What they are not told is there will be access roads and trenching for each turbine that will go where the developer wants them to go, crossing at diagonals in the middle of fields, and in some areas compacting the soil so badly crop production is affected and drain tiles are crushed.  The farmer is not told that the they've given the wind company the right to use the land as it wishes. It's all in the contract, if you know how to read a contract, or take that contract to a lawyer to read over for you.

The photos below were recently taken by Jim Bembinster. They show a wind project in Columbia County being built by We Energies and the newly fragmented farm fields. 

To see larger versions of these pictures CLICK HERE

To read about a farmer who signed on with the We Energies project, what has happend to his land, and why he now regrets signing onto the project, CLICK HERE

Better Plan will be posting more photos by Jim Bembinster of the Columbia County We Energies wind project in upcoming days

Photo by Jim Bembinster, 2011 We Energies Glacier Hills wind project, Columbia County WI

FROM ILLINOIS

FARMER UPSET WITH WIND COMPANY

BY DAVID GIULIANI, www.saukvalley.com 7 November 2011 ~~

COMPTON – Gale Barnickel, a Compton farmer, says he’s not against the wind farm being built in his area.

He and his parents decided against having turbines on their farm, but he said they respected the rights of others to have them.

“We have no problems with what the neighbors want,” he said.

Now, he is alleging that wind energy company Goldwind USA has been repeatedly trespassing on his family’s property. And that has resulted in crop damage, he said.

The property is well posted, he said, so trespassers knew what they were doing.

He brought the allegations to last week’s meeting of the county Zoning Board of Appeals, which is recommending changes to the county’s wind energy ordinance.

On Sunday, Goldwind admitted that its contractor mistakenly crossed into Barnickel’s land.

“When they realized this, they contacted Mr. Barnickel to apologize and address the issue,” spokesman Colin Mahoney said in a statement.

Since then, he said, the contractor has taken “concrete steps” to clearly mark Barnickel’s land, so it’s more visible to construction crews.

At last week’s meeting, those attending expressed concern about Barnickel’s situation. Another wind company weighed in, saying such things shouldn’t happen.

Goldwind, a subsidiary of a Chinese company, is putting up 71 turbines in an area of roughly 6 square miles near Compton in eastern Lee County. It hopes to finish the project – known as Shady Oaks – by year’s end.

In September, a farmer reported that the company had built a road through his cornfield that, he said, was unnecessary. He and another farmer pointed out roads and easements that, they contend, the company mistakenly built through faulty planning.

Other paths for transmission lines were curved, when a straight line would have taken out less cropland, they said.

Unlike Barnickel, those farmers allowed wind turbines on their property, which means they’ll get money every year from the company. In the contracts, Goldwind has agreed to compensate farmers for cropland lost in the construction project.

Barnickel has no agreement with Goldwind.

“Something has to be done to control these guys,” he said. “We try to be neighborly, but we’ve caught them mowing down our crops. They’re cutting corners wherever they can.”

Board member Tom Fassler asked Barnickel whether he had called authorities. The farmer said he had filed two reports with the Lee County Sheriff’s Department, but that it was a waste of taxpayers’ money to keep calling out the sheriff.

“It’s nerve-wracking being pushed around,” Barnickel said. “Why should I have to put up with that?”

“You shouldn’t,” Fassler responded.

Franklin Grove Village President Bob Logan, who attended the Zoning Board meeting, said that was what happens when wind farms are rushed through.

“You’re seeing the rush in the southern part of the county,” he said.

Logan warned that the county may face class-action lawsuits because “rights aren’t being respected.”

“It’s not a level playing field,” he said. “We are here to level it.”

John Martin of Mainstream Renewable Power, which plans a three-county wind farm, told Barnickel that “it’s just not right. No company should operate like this.”

The next day, Barnickel’s wife, Christina Barnickel, said in an interview that the state should fine companies that trespass.

“We have tried to stop them and showed them where the property line is,” she said. “You put so much hope and investment in the crop, and then someone knocks it over. It rubs you wrong.”

Mahoney said the company would continue to work hard to make sure it is a responsible neighbor throughout the rest of the project. He noted that the project is complex, with more than 100 workers busy building access roads, erecting turbines and delivering components on site.

“Despite this complexity, Goldwind is committed to minimizing the impact on the local community, including both participating landowners and neighboring landowners alike.”

NEXT FEATURE:

FROM WISCONSIN

More images of field fragmentation in the Columbia County We Energies wind project.

Photos by Jim Bembinster, 2011