- Ordinances
- North Dakota
- McHenry County
McHenry County, North Dakota wind ordinance
Wind: 1,300 ft (owned by a property owner not participating in the Project) from homes, 1.1 × height (interstate or state roadway right-of-way) from roads. Every figure is quoted from the county's ordinance, read October 8, 2026.
Updated October 2026
Wind rules
7 figures read from the county's ordinance, each with the sentence it comes from.
| Rule and what the ordinance says | Requirement |
|---|---|
Setback from homesowned by a property owner not participating in the ProjectThe horizontal distance between the center of a turbine monopole and any occupied dwelling that is owned by a property owner not participating in the Project shall not be less than one thousand three hundred (1300) feet. | 1,300 ft |
Road setbackinterstate or state roadway right-of-wayEach wind turbine shall be set back not less than 1.1 times the turbine tip height from interstate or state roadway right-of-way. | 1.1 × height |
Road setbackedge of any improved county or township roadwayEach wind turbine shall be set back not less than 1.1 times the turbine tip height from the edge of any improved county or township roadway. | 1.1 × height |
Road setbackcenterline of an unimproved county or township roadEach wind turbine shall be set back not less than one hundred fifty (150) feet from the centerline of an unimproved county or township road. | 150 ft |
Setback from railroad right-of-wayEach wind turbine shall be set back not less than 1.1 times the turbine tip height from railroad right-of-way or an overhead transmission line. | 1.1 × height |
Setback from overhead transmission lineEach wind turbine shall be set back not less than 1.1 times the turbine tip height from railroad right-of-way or an overhead transmission line. | 1.1 × height |
Setback from homes, participating ownerowned by a property owner that is participating in the ProjectThe horizontal distance between the center of a turbine monopole and any occupied dwelling that is owned by a property owner that is participating in the Project shall not be less than five hundred (500) feet. | 500 ft |
Source: McHenry County ordinance (PDF), read October 8, 2026. Check the cited section with the county before relying on a figure.
North Dakota state law
State law can cap or override county rules. All North Dakota rules and counties.
State siting: North Dakota Public Service Commission
A PSC certificate of site compatibility is required for wind over 0.5 MW, solar and other generation over 50 MW, and grid storage of 5 MW or more; it does not override county or township zoning, so the project needs both.
NDCC 49-22-03 and 49-22-07 (storage added by HB 1097 (2023)). Source
Wind standards in state law
Applies to wind projects the PSC sites (over 0.5 MW): these areas must be excluded from the site unless the neighbor agrees to a variance; counties and townships may require more.
| Homes (non-participating) | 3 × tip height |
| Property line (non-participating) | 1.1 × tip height |
| Public roads (interstate and state) | 1.1 × tip height from right-of-way |
| Public roads (county and township) | 1.1 × tip height + 75 ft from centerline |
| Railroads | 1.1 × tip height from right-of-way |
| Transmission lines (115 kV and up) | 1.1 × tip height from right-of-way |
| Noise | 45 dBA within 100 ft of a home or community building (owner may waive) |
| ICBM launch facilities | 1,200 ft |
NDCC 49-22-05.1(4); N.D. Admin. Code 69-06-08-01(1), (2), (4) (rule last amended effective Jan 1, 2022). Source
Wind standards in state law
Applies statewide to every commercial wind facility of 500 kW or more, whether or not the PSC sited it.
| Decommissioning | Start within 12 months, finish within 24 months of abandonment or end of life |
| Decommissioning (removal depth) | Foundations to 4 ft (built on or after July 1, 2017) |
N.D. Admin. Code ch. 69-09-09 (NDCC 49-02-27; effective Oct 1, 2008, amended July 1, 2017). Source
Every North Dakota figure in one spreadsheet
156 figures from 16 counties, each with its quote, source, date read and any condition. 1 of those places is not on this site. Plus the moratorium or ban on file and North Dakota state law.
How these figures were read
We found McHenry County's own ordinance and had two AI models read it separately. A figure is shown only when both read the same number and the sentence it comes from was found in the document. Moratoria and bans are checked against the adopting document. Ordinances change and many figures apply only in some cases, so check the cited section with the county before relying on one.
Common questions
What are the wind turbine setbacks in McHenry County, ND?
The county's ordinance sets wind turbines back 1,300 ft (owned by a property owner not participating in the Project) from homes, 1.1 × height (interstate or state roadway right-of-way) from roads, 1.1 × height (edge of any improved county or township roadway) from roads and 150 ft (centerline of an unimproved county or township road) from roads. Check the cited section with the county before relying on a figure.
