JLUS Background Report sj_br_report_sm | Page 192

Wind Energy Facilities Ordinance for Tyrrell County , Chapter 85 The Tyrrell County Wind Energy Facilities Ordinance is very similar to Hyde County ’ s ordinance . The differences are the Planning Board must approve the permit instead of the County Manager like Hyde County , and the setback requirements for Tyrrell County include utility‐scale size wind energy development projects . Tyrrell County ’ s ordinance also establishes minimum lot sizes for the various sizes of wind energy facilities development project and maximum allowable heights from natural grade .
Tyrrell County ’ s ordinance allows for a maximum height of 500 feet AGL for utility‐scale wind energy development projects . This height could clearly penetrate navigable airspace especially MTRs that have authorized floor elevations at 100 feet AGL . The west‐southwest‐southern portions of the county are covered by airspaces that are utilized by the military . If the utilityscale or even the small‐ , medium‐ , or large‐scale wind energy facility development located in this area , these projects could constitute an incompatible development with military training and civilian aviation operations .
Washington County Zoning Ordinance , Article 12 , Process for the Construction and Operation of Wind Energy Facilities The Washington County ordinance is similar to Hyde County in that there are permit applications and setbacks requirements prior to an approval of a permit and before construction and operation should occur . Washington County ’ s ordinance generally identifies the zoning districts that the various sized wind energy facilities permitted by‐right and by special use permit ( SUP ). The large‐scale energy projects require a SUP in all zoning districts .
The county ’ s ordinance does not prescribe maximum allowable heights for any of size wind energy facilities projects . The lack of heights regulations could potentially pose a compatibility issue with low‐level flight operations in the area , especially since the majority of Washington County is covered by airspace used by the military . Additionally , while the ordinance establishes requirements for coordination with the FAA and FCC regarding lighting and
communication interference , it does not prescri military .
Town of Duck Zoning Ordinance The Town of Duck amended its zoning ordinance for wind energy facilities in May 2010 . Section 1 prohibits commercial wind energy facilities and o wind energy facilities . Wind turbine structures a districts but are not allowed to exceed five feet a limitation established within each zoning district place , the maximum height of a wind turbine pe is 57 feet . The ordinance does not require any c documentation from DCR , Seymour Johnson AFB future wind energy facilities .
Town of Kill Devil Hills Wind Energy Syst The Town of Kill Devil Hills adopted a wind energ that requires a zoning permit from the town plan energy system . Towers are restricted to a maxim ordinance does not require any coordination or Seymour Johnson AFB or the state for approval o facilities .
Town of Kitty Hawk Small Wind Energy F The Town of Kitty Hawk regulates the constructi wind energy facilities under Section 42‐527 of th regulations . Small wind energy facilities are perm any zoning district , but must be under 35 feet am
Town of Nags Head Zoning Ordinance The zoning ordinance for the Town of Nags Head top wind energy facilities and vertical axis wind e development permit must be issued before the facility is constructed . The ordinance does not r
Page 5.8‐8