SB459 Alabama 2015 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Steve LivingstonSenator
Republican
Session: Regular Session 2015
Title: DeKalb 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: SB459 creates DeKalb County‑specific rules for wind energy systems, requiring permits, engineer certification, financial protections, and set location, design, and removal standards.
What This Bill Does
It requires a permit from the local governing body before installing or operating a wind energy system in DeKalb County and requires the site to be properly zoned. Local governments can adopt rules that require application information, public notice, and permit conditions on turbine design, site layout, operation, maintenance, and restoration, along with associated fees. The bill mandates safety and design certification by a licensed engineer, imposes overspeed controls and a 40‑decibel noise limit at the property line, and requires financial assurances for reclamation and liability, plus specific setback rules and anti‑climbing measures. It also sets rules for removing abandoned systems and clarifies PSC jurisdiction if a system becomes a utility, with an effective date after governor approval.

Who It Affects
Wind energy developers and system owners in DeKalb County: must obtain a permit, follow zoning rules, have the design certified by a licensed engineer, maintain financial assurances, and comply with safety, noise, and setback requirements.
Local residents and neighboring property owners in DeKalb County: gain protections through site setbacks, noise limits, public notice of applications, reclamation plans, and the eventual removal of abandoned systems.

Key Provisions
Section 3: It is unlawful to construct or operate a wind energy system without a permit; the system must be appropriately zoned; municipal regulations must meet county minimum standards.
Section 4: Local governing bodies may create rules for construction and operation, require detailed permit applications (including owner/driver info, plot plan, visual simulation, and reclamation plan), provide for public notification, and impose permit conditions and fees (including $1,000 per system plus review costs).
Section 5: Requires financial assurance for site reclamation/removal and a separate $1,000,000 liability coverage, maintained during construction and for the life of the system.
Section 6: Safety design must be certified by a licensed engineer; systems must have overspeed controls, comply with codes, display high‑voltage warnings, use anti‑climbing measures, and meet setback and compatibility requirements; noise must not exceed 40 decibels at the property line; specific setbacks from property edges and power lines are required.
Section 7: Abandoned systems (not operating for 365 days) must be removed; permit holders can request delays with proof the system is not abandoned.
Section 9: If the system becomes a utility or non‑jurisdictional electric supplier, it falls under the Alabama Public Service Commission’s jurisdiction.
Section 10: The act becomes law on the first day of the third month after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: DeKalb County