Airports and State Advocacy
New Jersey law regulates wind power
A New Jersey law regulating small wind energy projects is designed to facilitate wind energy without interfering with aviation.
New Jersey Assembly Bill 3740, which became law Jan. 16, prohibits municipalities from enacting ordinances that “unreasonably limit or hinder” the performance of small wind energy systems. However, the bill does require those systems to comply with all applicable FAA requirements, including regulations regarding installations close to airports.
Like other potential obstructions, wind turbines must comply with FAA requirements to prevent aviation safety hazards. AOPA supports moving forward with new energy solutions as long as they do not put pilots at risk. As experts work to ascertain the full extent of wind turbines’ effect on aviation activities, the association is monitoring new projects and educating lawmakers about what is known.
The New Jersey law prohibits ordinances such as those that restrict overall height or noise level, require tower setback from neighboring properties, or prohibit such systems entirely in the municipality. It limits the development of small wind energy systems as they relate to aviation by requiring compliance with FAA regulations and all applicable airport zoning regulations. This protects airports and airspace from encroachment.
January 21, 2010