The purpose of this chapter is to establish special standards and criteria for the siting of hydroelectric and electric power transmission facilities and related equipment and improvements.
(2005 RLDC § 95.010)
Hydroelectric and electric power transmission facilities shall be processed using the review procedures identified in the applicable zone that lists the use. In all cases a development permit (Chapter 19.41 JCC) is required as final permit approval.
(2005 RLDC § 95.020)
In addition to the applicable standards and criteria contained in the underlying zone, in applications for hydroelectric and electric power transmission facilities the applicant shall demonstrate the following:
A.
General Requirements. The facility will:
1.
Be sited on land that is generally unsuitable for forest use, or the use of forest areas is warranted for the safe, economical, and efficient operation of the facility;
2.
Not significantly affect forest uses on the site or surrounding land;
3.
Not alter the stability of the land use pattern in the area;
4.
Be consistent with the forest policies of the comprehensive plan;
5.
Be located in an area in which the use is designated as appropriate by the zone. If the use is not listed in a zone, an energy facility shall not be approved unless the zone is amended;
7.
Incorporate mitigation and conditions to protect Class I and Class II streams and wetlands, and the banks and vegetation along those streams and wetlands;
8.
Avoid areas of steep slopes where cuts and fills are required and shall use natural contours;
9.
Not interfere with communication signals;
10.
Do one of the following:
a.
Produce 100 theoretical horsepower (thp) or less;
b.
Take and return water to a manmade water conveyance without increasing the use of surface and groundwater;
c.
Is a small-scale facility generating a maximum capacity of five megawatts;
d.
Does not increase maximum surface area of an impoundment at an existing dam or diversion, or does not impound more than two acre-feet at a new impoundment or diversion;
e.
Does not impede fish management unless improvement in management will result;
f.
Does not require more than one mile of new vehicular access road;
g.
Does not require construction of a transmission line that results in clearing of a right-of-way or easement exceeding one mile in length or 50 feet in width in forest commercial, woodlot resource, and serpentine zones;
11.
The facility meets all necessary state and federal siting requirements, including any setbacks from dwellings.
B.
Standards for Hydroelectric Facilities Approved as Conditional Uses. In addition to the standards or conditions in JCC § 19.45.030 and § 19.95.030(A), the following standards shall apply:
1.
The facility shall not have a significant adverse effect on endangered or threatened fish, wildlife, or plant species, or their critical habitats, or on other significant habitats identified in the comprehensive plan;
2.
Development shall be set back from the edge of public roads, viewpoints, and other significant visual resources identified in the comprehensive plan;
3.
An in-stream tower may be permitted in class I and II streams if it can be demonstrated that adjoining towers and conductors cannot safely and economically support the transmission lines spanning the stream and if the transmission line cannot be safely and economically placed under the water or streambed.
C.
Protected Areas.
1.
The following areas shall be protected as required by this subsection:
a.
All state and federally designated and managed areas, waysides, parks, and areas of critical concern, including scenic waterways, wildlife refuges, and wild fish streams, designated by the Department of Fish and Wildlife;
b.
Areas containing significant resources, habitats, scenic views and sites, and cultural, botanical, or recreational, that cannot be protected from the adverse consequences of the facility;
2.
Energy facilities shall be sited in the protected areas described in subsection (C)(1) of this section only when all of the following conditions are met:
(2005 RLDC § 95.030)