§ 8-1-41-11 — Shadow flicker; limits with respect to nonparticipating property; mitigation efforts; waiver of requirement with consent of nonparticipating property owners

Indiana § 8-1-41-11

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 41: Default Standards for Wind Power Devices

Text

(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:
(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
(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.
(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.

Legislative History

As added by P.L.90-2022, SEC.1.