This bill amends Montana zoning laws to prohibit local governments from allowing the construction of wind generation facilities within their jurisdictions. By modifying Section 7-1-111 of the Montana Code Annotated, the legislation removes the ability of cities and counties to approve or permit wind energy projects through their zoning authority. The change directly affects municipal planning departments, developers seeking to build wind farms, and communities that previously could have permitted such facilities. The bill takes effect immediately upon passage, preventing any pending wind project approvals from moving forward under the new restrictions.
This bill updates Montana's regulations for large wind energy facilities by establishing new height limits and lighting requirements that take effect on January 1, 2026. It defines wind generation facilities as those with a capacity of at least 25 megawatts and restricts new turbine towers to a maximum height of 350 feet, measured from ground level to the center of the rotor hub. Additionally, the legislation mandates that all wind turbines taller than 200 feet must use federal aviation administration-approved aircraft detection lighting systems to improve visibility for pilots. Existing turbines installed before the effective date are exempt from these new height and lighting standards.
This bill establishes minimum distance requirements for constructing wind turbine generators in Montana. It directly affects wind energy project developers and property owners by setting specific setback distances that must be maintained. The key provisions require turbines to be at least 1,250 feet from properties under wind energy agreements, 3,000 feet from public roads, and 7,920 feet from other properties. These rules apply to new wind turbine construction after the act becomes effective.
LC 739 establishes new requirements for wind turbine generators over 500 feet tall in Montana. It mandates a minimum 1,500-foot setback from occupied residences (unless approved by the property owner) and limits rotor speed to 10% of maximum during deicing if turbines are within 2,500 feet of homes. The bill applies to new projects after January 1, 2026, directly affecting wind energy developers and nearby residential property owners. It also amends Montana's wind energy agreement law (Section 70-17-406) to include these safety and proximity standards.
SB 505 would amend Montana's zoning laws to allow local governments to prohibit the construction of wind energy facilities by preventing utility companies from connecting power from these projects. Specifically, it targets subsection (28) of Section 7-1-111, which would permit local governments to block utility connections for wind generation facilities defined under state law. This bill directly affects wind energy developers and local planning authorities, as it removes a key barrier to project development. The policy change focuses on utility interconnection as the mechanism for restricting wind facility construction, rather than general zoning rules. The bill did not become law, as it died in committee in 2025.
HB 389, titled "Provide for setbacks for wind turbine generators," aimed to establish specific minimum distances for the construction of new wind turbine generators in Montana. The bill would have required wind turbines to be set back at least 1,250 feet from property lines with a wind energy agreement, 3,000 feet from public roads, and 7,920 feet from property lines without a wind energy agreement. This legislation would have directly affected wind energy developers and landowners by regulating the placement of new wind energy infrastructure.
