A Dickey County township has become the first in the state to regulate wind generation after some landowners voiced concerns about a proposed 75-megawatt wind farm.

Proponents of the new zoning law say officials stepped in where the state dropped the ball, but at least one opponent of the zoning said the township went too far with the new regulations.

One of the main provisions the Spring Valley Township board approved Friday by a 3-0 vote was to require a setback of at least 1,250 feet from which a wind turbine can be placed by an adjacent property.

Brad Crabtree, a member of the township's planning commission, said the new rules will protect the rights of landowners and companies who invest in exploring potential wind farm sites.

"When the rules of the road are clear, no one gets hurt," Crabtree said.

Florida Light and Power is proposing to build a 75-megawatt wind farm south of an existing wind farm near Kulm.

Another company enXco, based in California, has leased land for wind turbines in the area, but does not yet have a buyer for the electricity it would produce.

Some landowners are worried that FLP will have turbines so close to their property that enXco will lose out on wind power if enXco later erects turbines near FLP's.

Maurus Heim, a Dickey County landowner, fears the new zoning laws will force Florida Light and Power to pull out of a plan to put eight turbines on his land.

"This kind of regulation will not invite wind power," Heim said.

Heim said the township took excessive measures and zoned for economic advantage.

Heim said he wants to be a good neighbor, but added that he thinks some people want the zoning because FLP has not selected their land for wind turbines.

Greg Brokaw, a member of the township's planning commission, said the ordinance received a public comment period and input was taken from industry officials before it was drafted.

Brokaw said the zoning also allows for variances and has a provision to allow adjacent landowners and wind developers to form agreements.

Crabtree said most wind developers won't be hindered by the zoning.

He said FLP has opposed the ordinances, but enXco has supported it.

Crabtree said it was a travesty that the Legislature changed the rules that regulate wind developers because a wind farm several square miles in size worth millions of dollars needs some oversight.

The Public Service Commission has jurisdiction in wind farms of 100 megawatts or more, but the PSC used to have jurisdiction over wind farms of 50 megawatts or more until the Legislature changed the law earlier this year.

"I don't think just because it is wind energy that it should be excluded from public input," Crabtree said.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@bismarcktribune.com.)