Ohio Revised Code

Ohio Rev. Code § 4906.201 (2026)

Setback requirements

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Effective:

September 15, 2014

Latest Legislation:

House Bill 483 - 130th General Assembly

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(A) An electric generating plant that consists of wind turbines and associated facilities with a single interconnection to the electrical grid that is designed for, or capable of, operation at an aggregate capacity of fifty megawatts or more is subject to the minimum setback requirements established in rules adopted by the power siting board under division (B)(2) of section 4906.20 of the Revised Code.

(B)(1) For any existing certificates and amendments thereto, and existing certification applications that have been found by the chairperson to be in compliance with division (A) of section 4906.06 of the Revised Code before the effective date of the amendment of this section by H.B. 59 of the 130th general assembly, September 29, 2013, the distance shall be seven hundred fifty feet instead of one thousand one hundred twenty-five feet.

(2) Any amendment made to an existing certificate after the effective date of the amendment of this section by H.B. 483 of the 130th general assembly, shall be subject to the setback provision of this section as amended by that act. The amendments to this section by that act shall not be construed to limit or abridge any rights or remedies in equity or under the common law.

Notes of Decisions

Cited in 4 cases, 2016–2019 · leading case: In re Application of Champaign Wind, L.L.C. (Slip Opinion), 2016-Ohio-1513, 58 N.E.3d 1142.

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In re Application of Champaign Wind, L.L.C. (Slip Opinion), 2016-Ohio-1513, 58 N.E.3d 1142. · cites it 4× “See R.C. 4906.201. None of the appellants in this case specifically argue that setbacks for Buckeye Wind II failed to meet the regulatory minimum setbacks that were in place at the time of the board’s order.”

Biglin v. S (In re Black Fork Wind Energy, L. L.C.), 124 N.E.3d 787 (Ohio 2018). · cites it 3× “201(B)(2) provides that the current setback provisions apply to "[a]ny amendment made to an existing certificate after the effective date" of the *189 legislation establishing the current setback distance.”

In re Application of Black Fork Wind Energy, L.L.C. (Slip Opinion), 2018-Ohio-5206. · cites it 3× “201(B)(2) provides that the current setback provisions apply to “[a]ny amendment made to an existing certificate after the effective date” of the legislation establishing the current setback distance.”

In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion), 2019-Ohio-2406, 134 N.E.3d 1157. · cites it 8× “R.C. 4906.201 applies to a wind farm capable of operating at an aggregate capacity of 50 megawatts or more, such as Greenwich Windpark’s project.”

Ohio Rev. Code § 4906.201(A): 1 case

In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion), 2019-Ohio-2406, 134 N.E.3d 1157. “R.C. 4906.201 applies to a wind farm capable of operating at an aggregate capacity of 50 megawatts or more, such as Greenwich Windpark’s project.”

Ohio Rev. Code § 4906.201(B)(2): 3 cases

Biglin v. S (In re Black Fork Wind Energy, L. L.C.), 124 N.E.3d 787 (Ohio 2018). “201(B)(2) provides that the current setback provisions apply to "[a]ny amendment made to an existing certificate after the effective date" of the *189 legislation establishing the current setback distance.”

In re Application of Black Fork Wind Energy, L.L.C. (Slip Opinion), 2018-Ohio-5206. “201(B)(2) provides that the current setback provisions apply to “[a]ny amendment made to an existing certificate after the effective date” of the legislation establishing the current setback distance.”

In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion), 2019-Ohio-2406, 134 N.E.3d 1157. “R.C. 4906.201 applies to a wind farm capable of operating at an aggregate capacity of 50 megawatts or more, such as Greenwich Windpark’s project.”

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