V. Conclusion-Which Way Is The Wind Blowing?

Wind energy is a technology that has increasingly gained acceptance in the United States and abroad, as is evidenced by the continued growth of the use of this renewable energy source.217  As interest in wind energy rises from a breeze to a gale, it becomes increasingly likely that wind energy will be utilized in more locations.  North Carolina is ripe for an expansion of wind energy utilization, as the State is home to both the Appalachian Mountains in the West, and the barrier islands and estuaries along its coast, both proving suitable for wind energy development.  These favorable conditions have spurred some to begin small-scale projects,218 and have also spawned the proposed wind farm for Big Springs Mountain in Ashe County.219  Since the state of the law remains unclear, those seeking to erect wind turbines in the regions of North Carolina known for their natural beauty220 do so at their own peril.  

Wind energy development in western North Carolina will almost certainly fall within the scope of the Mountain Ridge Protection Act, as the most desirable sites for wind turbines are located atop the ridges this Act protects.  The Mountain Ridge Protection Act has proved a quagmire when determining what may be excluded as a “windmill.”221  However, a close examination of the statute's word choice encourages the conclusion that the ambiguous exception will include not only small wind turbines affixed to parent structures, but also free-standing wind turbines characteristic of utility-scale projects.  Considering the precise diction of the Mountain Ridge Protection Act's drafters along with the additional evidence of the events that spurred the Act's passage, it becomes even more plausible that the exception should include all wind turbines.  Moreover, the information concerning the experimental wind turbine located on Howard's Knob when the Mountain Ridge Protection Act was drafted lends additional support to the argument that large-scale, free-standing wind turbines were specifically meant to be exempt from the regulations.  Finally, the new Watauga County ordinance concerning wind energy that purports to regulate large-scale, free-standing wind turbines buttresses the conclusion that all wind turbines would be exempt under the Mountain Ridge Protection Act because it would be frivolous for the county to regulate an activity already prohibited by law.  All of these factors suggest that wind turbines of all shapes and sizes are permissible under the Mountain Ridge Protection Act.  The Attorney General's statements to the TVA prove complicating when considering the placement of multiple utility-scale wind turbines, but the qualifying statements in the letter suggest that balancing interests would be appropriate.

In eastern North Carolina, the most desirable sites for wind energy development are located over the tidewater or land not far removed.222  These areas are subject to the protections of CAMA.  Unlike the Mountain Ridge Protection Act, CAMA contains no exception like the one for windmills in the former.  Instead, it is imperative to look to the specific provisions on the generation of energy to determine if CAMA precludes the development of wind energy.  Although the regulations that apply to the development of wind energy in eastern North Carolina differ based on the scope of the project, when examining the relevant administrative rules promulgated under CAMA, it is evident that even the large-scale projects regulated under the Public Utilities Act must follow CAMA guidelines when siting the wind turbines.  The rules, although lengthy and detailed, do not create an outright preclusion to the erection of wind turbines in coastal estuaries.  However, these rules, coupled with the majority opinion in Gales Creek, could create major obstacles over the issue of aesthetics.

In conclusion, North Carolina's CAMA and Mountain Ridge Protection Act will not defeat an environmentally and aesthetically conscious wind energy project.  The windmill exception to the Mountain Ridge Protection Act is meant to be read broadly enough to allow wind turbines in all contexts, even those large, free-standing wind turbines characteristic of utility-scale wind farms, as long as they are sited in such a manner to minimize aesthetic impacts.  Thus, it is reasonable to conclude that the proposed wind farm to be located on Big Springs Mountain will be exempt from the Mountain Ridge Protection Act's prohibitions, unless it proves particularly onerous visually from most locations.  Likewise, although CAMA clearly regulates wind energy development along the coast, it will not prevent development as long as a project takes the proper mitigating steps and procedures involved in siting the wind energy project.  Since wind intensity is more uniform along the coast,223 a suitable site under the CAMA guidelines is likely to be found.  Although the fate of wind farms is not completely clear without judicial interpretation of either the Mountain Ridge Protection Act or CAMA, public opinion seems to favor wind energy overall, with some reservations about aesthetics and environmental impact.224  All factors considered, it is likely that wind energy will be able to make an impact in North Carolina, taking advantage of the Tar Heel State's favorable conditions, within the bounds of these environmentally conscious laws.225