Wind farms vs. neighbors - Solar, Wind and Land: Conflicts in Renewable Energy Development - page 31

than mere unwanted shade. At least one U.S. court has seemingly recog-
nized this difference, overturning a lower court's dismissal of a nuisance
claim that was based in part on a wind farm's flicker effects.70 70
Fortunately, computer programs now exist that are capable of accurately
predicting flicker effects at prospective turbine sites. One commonly-used
software program is WindPRO, a platform developed by Denmark-based
EMD. WindPRO uses information on the proposed types and locations
of a project's proposed turbines, the surrounding topography, and other
factors to predict the precise dates and durations of potential shadow flicker
events. 71 Such information can be a powerful tool for identifying potential
problem sites during the early stages of development so that turbine sites
can be adjusted accordingly. Reports generated through WindPRO and
similar software programs can also be instrumental in allaying neighbors'
concerns about shadow flicker during the turbine siting and permitting
process.
Given the ever-improving quality of shadow flicker software and the
availability of reasonable strategies for mitigating flicker effects, shadow
flicker disruptions are among the most easily resolvable of all potential
land use conflicts between wind farms and neighbors. Armed with these
tools, developers can generally prevent these disturbances from arising
in the first place. In cases where adjusting proposed turbine sites based
on flicker effects is not economically justified, wind farm operators may
also be able to program turbines to shut off during those relatively short
times of day during periods of the year when shadow flicker problems are
possible. Planting new trees or vegetation can also shield and further protect
buildings that may be vulnerable to flicker problems.
Many jurisdictions have already enacted laws that adequately protect
against shadow flicker conflicts at wind farms. In some jurisdictions, these
laws simply limit the total number of allowable hours of turbine shadow
flicker at a given location per year. Laws in other locales completely prohibit
shadow flicker on residential homes. 72
As policymakers become better educated about shadow flicker and take
steps to address it in their jurisdictions, these conflicts should become less
and less common over time. A 2011 report on independently commissioned
research on shadow flicker for the United Kingdom's Department of Energy
and Climate Change (DECC) reached similar conclusions. Researchers
found that shadow flicker was not a significant problem for wind farms in
the UK, does not pose any major health risks, is easily mitigated through
turbine shut down systems, and is already adequately addressed in the
DECC's existing planning guidance on the topic. 73
Ice shedding and ice throws
Another concern that neighbors commonly raise in the context of wind
energy development is a fear that turbines installed on nearby land could