The Potomac Highlands Dispatch - the online newspaper

Wind turbine legislation could be first step toward countywide zoning in Garrett County
* All three commissioners support bill, protection of landowners
* Raley: 'shame on us if we haven't at least tried to do something'

By The Potomac Highlands Dispatch
MOUNT SAVAGE, Jan. 25 -- A bill filed by Delegate Wendell Beitzel about regulating commercial wind turbines in Garrett County could be the first step toward countywide zoning.

House Bill 116, read before the House Economic Matters Committee on Monday, would, on the surface of it, enable the Garrett County Board of Commissioners to establish setbacks and fees for decommissioning commercial wind turbines.

It's the third attempt for the bill, filed the previous two years by Beitzel. In 2009, County Administratory Monty Pagenhardt said the original bill appeared then much as it does now, but was modified to include "height, size and location."

That's not what the board, then comprised of Denny Glotfelty, Ernie Gregg and Fred Holliday, had asked of the delegation. The commissioners asked the delegation to withdraw the bill, as amended. The same two-element bill was again introduced last year, but lawmakers in Annapolis told the commissioners they already had the power to legislate such issues through zoning. Garrett County is the only county in Maryland that does not have comprehensive zoning, Pagenhardt said. Zoning is implemented in the county's eight municipalities and within the Deep Creek Watershed Zoning Ordinance.

Pagenhardt said the newly elected commissioners - Gregan Crawford, Bob Gatto and Jim Raley - understand they'll likely be told the same thing this time around.

And that's the point, Pagenhardt said. He said he believes it is the commissioners' intent to begin the public process of adopting comprehensive zoning. Over a period of six to 10 months, Pagenhardt said, the public would have multiple opportunities to speak at public meetings and public hearings conducted by the Board of Commissioners and the county's planning commission.

Raley said the commissioners "feel there needs to be a certain level of protection" and that the county also is reviewing its sensitive areas ordinance within its comprehensive plan which would "give certain protection to certain areas, such as ridgetops."

"It wouldn't be all ridgetops," Raley said.

Raley said countywide zoning might be considered and that the issue could be decided by voters on a referendum.

"That's a conversation I guess we'll have to have with the public," Raley said.

Raley compared outdated and nonfunctioning commercial wind turbines with other jurisdictions' battles with blighted properties. He said depending on the language in a lease signed by the property owner, the property owner - and not the company - "could possibly be held responsible."

Otherwise, the clean-up of blighted properties often falls on the backs of of taxpayers.

"That's basically what we don't want to see," Raley said. "Shame on us if we haven't at least tried to do something."

In addition to the commissioners' support, Beitzel said the dedicated critics of the bill will likely be much quieter this year.

"I think, primarly, the people that were looking to remove hurdles for putting windmills on the mountains of Garrett County have already realized their objectives," Beitzel said. "they're likely now to say, 'What's the difference? We got what we wanted.'"

Two current projects sit atop Backbone Mountain, one known as Eagle Rock and a second known as Roth Rock. The Eagle Rock project was recently purchased by Constellation Energy. The Roth Rock project is owned and operated by Synergics.

If the bill passes, those projects would not fall under any new guidelines set by the commissioners. A third porject atop Big Savage Mountain, proposed by US Wind Force, could fall under any new guidelines.