06-096 C.M.R. ch. 382, § 4 - Shadow Flicker

An applicant must demonstrate that the generating facilities of a proposed wind energy development have been designed to avoid unreasonable adverse shadow flicker effects at any occupied building located on property not owned by the applicant, subject to a lease for a duration at least as long as the anticipated project life, or subject to an easement for shadow flicker in excess of 30 hours per year.

A. An applicant must submit a shadow flicker analysis based on Wind PRO, or other modeling software approved by the Department. The analysis must assume that all shadows cast by rotating turbine blades on occupied buildings are unobstructed, and shall not take into account any existing vegetative buffers. The shadow flicker analysis shall model impacts to any occupied building within one mile, measured horizontally, from a proposed turbine.

B. A proposed development may not result in shadow flicker effect occurring at an occupied building for more than 30 hours per calendar year. An applicant may request that this general restriction be waived by showing that 30 hours or less of shadow flicker per year will occur during times when an affected public building is in use, or where an affected private building is used seasonally or intermittently such that occupants will experience 30 hours or less of shadow flicker per year. An applicant may also qualify for a waiver by submitting evidence of agreements or easements with affected property owners in which the property owners state that they do not object to the projected level of shadow flicker.

C. If the shadow flicker analysis predicts that any occupied building will receive more than 30 hours of shadow flicker per calendar year, the applicant may propose mitigation measures to reduce this impact to 30 hours or less per calendar year.

Notes

06-096 C.M.R. ch. 382, § 4