Falmouth Special Wind Turbine Permit August 2018

In 1966, the Home Rule Amendment to the Massachusetts Constitution created a limited home rule mechanism granting certain powers to cities and towns. According to the amendment Falmouth can adopt charters without state approval. Also, Falmouth may not regulate elections, collect taxes and borrow money without permission and oversight from the state.

A. Falmouth, Massachusetts has a zoning bylaw for wind energy systems aka windmills/wind turbines Special Permit 240/166 required to build a wind turbine.

B. Massachusetts legislature in 2007 passed legislation that allowed the Town of Falmouth to borrow money through bonds etc to build wind turbines. The General Court of the Commonwealth of Massachusetts Session Laws Acts of 2007.

C. The 2007 state legislation stated in section one: "Notwithstanding any general or special law to the contrary, the town of Falmouth may design and install wind energy facilities at its wastewater treatment facility at Blacksmith Shop road." Town of Falmouth requires town Special Permit 240-166.

The state legislature in 2007 only allows the town to borrow money.

In order to build a wind turbine,even under state legislation, the Falmouth town Special Permit 240-166 is needed.

1. Acts (2007)

Chapter 200

The 190th General Court of theCommonwealth of Massachusetts

https://malegislature.gov/Laws...