Indiana Code 8-1-41-11. Shadow flicker; limits with respect to nonparticipating property; mitigation efforts; waiver of requirement with consent of nonparticipating property owners
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Sec. 11. (a) Subject to subsection (c), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate one (1) or more wind power devices in a unit unless the project owner demonstrates to the permit authority that with respect to each wind power device that the project owner seeks to install or locate in the unit:
(2) the wind power device has been designed such that industry standard computer modeling indicates that any dwelling on a nonparticipating property within the unit will not experience more than thirty (30) hours per year of shadow flicker under planned operating conditions for the wind power device.
(1) the project owner has used shadow flicker computer modeling to estimate the amount of shadow flicker anticipated to be caused by the wind power device; and
Terms Used In Indiana Code 8-1-41-11
- dwelling: means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. See Indiana Code 8-1-41-2
- nonparticipating property: means a lot or parcel of real property:
Indiana Code 8-1-41-3
- permit authority: means :
Indiana Code 8-1-41-4
- project owner: means a person that:
Indiana Code 8-1-41-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- unit: refers to :
Indiana Code 8-1-41-6
- wind power device: means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity. See Indiana Code 8-1-41-7
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(b) After a project owner installs or locates a wind power device in a unit, the project owner shall work with the owner of any affected dwelling on a nonparticipating property to mitigate the effects of shadow flicker to the extent reasonably practicable.
(c) The requirement set forth in subsection (a)(2) may be waived with respect to any one (1) wind power device, subject to the written consent of the owner of each affected nonparticipating property.
As added by P.L.90-2022, SEC.1.