Sec. 13. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device in a unit unless the project owner demonstrates to the permit authority that the wind power device will operate in a manner such that the sound attributable to the wind power device will not exceed an hourly average sound level of fifty (50) A-weighted decibels, as modeled at the outer wall of an affected dwelling.

     (b) The requirement set forth in subsection (a) may be waived with respect to any one (1) wind power device, subject to the written consent of the owner of each affected property.

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

Terms Used In Indiana Code 8-1-41-13

  • dwelling: means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. See Indiana Code 8-1-41-2
  • permit authority: means :

    Indiana Code 8-1-41-4

  • project owner: means a person that:

    Indiana Code 8-1-41-5

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • unit: refers to :

    Indiana Code 8-1-41-6

  • wind power device: means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity. See Indiana Code 8-1-41-7
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