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After two years of debate and multiple public hearings and work sessions, Umatilla County commissioners last week passed some of the strictest wind development rules in Oregon.

The most controversial change, and the only one that did not pass unanimously, establishes a two-mile setback between wind farms and existing homes. The standard previously was approximately three-quarters of a mile. No other county in Oregon 鈥� and few in the country 鈥� has a buffer so large.

Umatilla County wind-power generation facility siting standards

Highlights of amendments to UCDC 152.616 (HHH):

• The distance from a turbine tower to a rural residence must be at least two miles, unless the landowner authorizes a lesser setback.
• Land within the Walla Walla Watershed, east of state Route 11, is subject to additional standards to protect wildlife and highly erodible soil.
• Facility owners must submit a bond naming Umatilla County beneficiary in the case of turbines being decommissioned (letters of credit will no longer be accepted).
• Applicants are required to present to the siting council a preliminary list of potential conflicts and explanations of possible mitigation, such as noise easements.

Statewide standards in Oregon are based on noise studies, which are controversial, according to Umatilla County planning director Tamra Mabbott.

鈥淭here鈥檚 lots of debate about how and when you measure the noise,鈥� she said. 鈥淥ur commission thought there was too much subjectivity for developers, the county and rural residents.鈥�

Unlike noise studies, the two-mile setback is an incontestable standard, which Mabbott said was in line with the planning commission鈥檚 primary goal of creating the clearest and most objective code possible.

Commissioners voted 2-1 in favor of the setback; Dennis Doherty and Larry Givens voted for it; Bill Hansell voted against it.

A petition was turned in with 3,400 signatures in support of the two-mile buffer; Umatilla County鈥檚 population is approximately 75,000. Mabbott said it was the largest petition she has seen in her 20 years as a planner.

Hansell expressed concern that the setback would shut wind companies out of Umatilla County and delay economic development. The code does stipulate, however, that a wind company can qualify for a waiver of the setback by reaching an agreement with rural residents.

Commissioners also voted on designation of a piece of land that some people contended was too sensitive for wind development. People who were concerned about the health of wildlife habitats in the northeastern corner of Umatilla County lobbied for the area to be permanently protected from developers.

The commissioners decided unanimously to list the Walla Walla Watershed as a sensitive habitat area. Based on the planning commission鈥檚 work with landowners and the Confederated Tribes of the Umatilla Indian Reservation, no wind turbines, transmission lines or roads can be constructed on the area鈥檚 designated 鈥渉ighly erodible soils.鈥�

The commissioners unanimously approved the rest of the changes to the wind power siting laws in one vote.

Perhaps the most controversial change involves financial assurance standards that will come into play if wind turbines are decommissioned and need to be dismantled. Developers wanted to maintain a letter of credit, but the commissioners chose to impose a surety bond.

鈥淎 very sophisticated banker explained why a letter of credit is not financially wise if the interest of the county was to protect taxpayers from financial liability,鈥� Mabbott explained. 鈥淚t鈥檚 not that we didn鈥檛 believe the developers; we just thought it was a safer bet to have the surety bond in place.鈥�

The only wind farm application under review in Umatilla County was submitted in February and will not be subject to the new siting standards. As more applications come in, however, the planning commission expects further discussion and perhaps modifications to the code.

鈥淒evelopers are working through the standards, and we may identify pieces that just aren鈥檛 working as we review the next application,鈥� Mabbott said. 鈥淲e are still open for business.鈥�

Supporters of the restrictions in Umatilla County are now calling for statewide code changes.

鈥淭he restrictions have happened proactively in our region,鈥� said Richard Jolly, who lobbied for the protection of the Walla Walla Watershed through a group called the Blue Mountain Alliance. 鈥淲e have a chance to do things right here, but there are other areas that need protections that don鈥檛 have anybody really looking at them now.鈥�