SB402 Alabama 2014 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Phillip W. Williams
Republican
Session: Regular Session 2014
Title: Cherokee Co., wind energy conversion systems, permitting and regulation of by municipal governing body or county commission, certification by licensed engineer required, regulation of location, design, and operation of systems
Summary: Cherokee County would require wind energy systems to obtain local permits, meet zoning and safety rules, be certified by a licensed engineer, carry financial guarantees, and be removable if abandoned.
What This Bill Does
The bill creates a local permitting and regulatory framework for wind energy systems in Cherokee County. It requires zoning clearance, a permit process, engineer certification for design and safety, and rules governing construction, operation, and removal. It also imposes financial guarantees, noise and setback standards, and safety measures, with local authorities able to assess fees and enforce compliance.

Who It Affects
Wind energy developers/owners in Cherokee County: must obtain a local permit, meet design, safety, and site rules, provide financial assurances, and pay review fees.
Property owners in Cherokee County: subject to zoning rules, setbacks, noise limits, and the potential for system installation on nearby property.
Local governing bodies (Cherokee County Commission and municipal councils): responsible for adopting rules, processing permits, collecting fees, and enforcing compliance.
Adjacent property owners and the general public: affected by noise limits (40 decibels at the property line), safety provisions (signage, anti-climbing features), and setback requirements.
Licensed engineers: required to certify design, safety, and construction, and to approve overspeed controls and compatibility with components.

Key Provisions
Section 3: A wind energy conversion system cannot be constructed or operated in Cherokee County without a local permit, and the site must be properly zoned; municipalities within the county may govern within their limits.
Section 4: Local governing bodies must adopt rules for permit applications (including plot plans, visual simulations, and reclamation plans), public notification, and permit conditions (turbine design, site layout, operation/maintenance, restoration, revocation, and permit fees).
Section 5: Applicants must maintain financial assurances for reclamation/removal costs and a separate $1,000,000 liability coverage, remaining in effect during construction and the life of the system.
Section 6: Safety and design must be certified by a licensed engineer; systems must have overspeed controls, be compliant with codes, display high-voltage warning signs, include anti-climbing measures, and meet noise and setback requirements (40 dB at the property line, 2,500 feet from adjacent property, and specific setbacks from overhead/underground power lines).
Section 7: Systems not operating for 365 consecutive days may be deemed abandoned and removed, with a process allowing delay of abandonment designation at the local governing body's discretion.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Cherokee County