{"data":{"id":"us-md/md.-code-local-government-13-706","jurisdiction":"us-md","citation":"Md. Code, Local Government § 13–706","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) (i) “Decommissioning” means the removal and legal disposal\nof an industrial wind energy conversion system and any other components related to\nthe industrial wind energy conversion system.\n(ii) Unless the property owner specifies otherwise,\n“decommissioning” includes the removal and legal disposal of buildings, roads,\nconcrete, fencing, gravel, stone, and foundations to a depth of 36 inches.\n(3) “Industrial wind energy conversion system” means an\naggregation of parts, including the base, wind turbine, generator, supports, guy wires,\nand accessory equipment in a configuration necessary to convert the power of wind\ninto mechanical or electrical energy that is intended for sale to energy providers\nthrough the electric transmission grid.\n(4) “Restoration of pad site” means, at the location of the industrial\nwind energy conversion system:\n(i) stabilizing, grading, and seeding disturbed areas to grow\nground cover; and\n(ii) replacing the excavated foundation areas with topsoil that:\n1. is free of noxious weeds, rocks, root mat, or foreign\nobjects larger than 2 inches in size; and\n2. has proper soil nutrients to provide and sustain the\ngrowth of ground cover.\n(5) “Setback distance” means the distance measured from the base of\nthe tower of a wind turbine in an industrial wind energy conversion system to any\nneighboring residential or school building in all directions.\n(6) “Structure height” means the measurement from ground level at\nthe base of an industrial wind energy conversion system to the highest point of the\nstructure or the highest point of the blade at its greatest extension.\n(7) “Wind turbine” means the tower, hub, blades, and nacelle.\n(b) This section does not apply to any industrial wind energy conversion\nsystem that has submitted an interconnection application to the PJM Interconnection\nqueue before March 1, 2013.\n(c) In Garrett County, each individual industrial wind energy conversion\nsystem shall comply with a minimum setback distance equal to no less than two and\none–half times the structure height.\n(d) (1) Before an occupancy permit is issued for an industrial wind\nenergy conversion system in Garrett County, the Garrett County Department of\nPlanning and Land Development shall:\n(i) at the applicant’s expense, retain an independent and\ncertified professional engineer to prepare a net cost estimate for decommissioning\nand restoration of the pad site, less the salvage value of the industrial wind energy\nconversion system; and\n(ii) require the applicant to post a bond equal to 100% of the\ncost estimate determined under item (i) of this paragraph and adjusted by an\nestimated construction pricing index to ensure that cost increases during the\nfollowing 5–year interval will not decrease the value of the bond.\n(2) A bond posted in accordance with paragraph (1)(ii) of this\nsubsection shall be held by the Garrett County Finance Department to be used as\nsurety in the event of noncompliance with a requirement under this section by an\nowner of an industrial wind energy conversion system.\n(3) (i) On completion of the construction of an industrial wind\nenergy conversion system in Garrett County, and every 10 years thereafter, the\nGarrett County Department of Planning and Land Development, at the applicant’s\nexpense, shall retain an independent certified professional engineer to prepare a net\ncost estimate for decommissioning and restoration of the pad site, less the salvage\nvalue of the industrial wind energy conversion system.\n(ii) The Garrett County Department of Planning and Land\nDevelopment may alter the amount of the bond determined under paragraph (1)(ii)\nof this subsection to provide adequate security for the costs of decommissioning and\nrestoration of the pad site.\n(4) If an industrial wind energy conversion system in Garrett County\nis sold, the bond posted in accordance with paragraph (1) of this subsection shall be\nreleased if the new owner posts a bond with the Garrett County Finance Department\nthat:\n(i) is equal to the amount of the bond posted by the seller; or\n(ii) is a greater amount if the Garrett County Department of\nPlanning and Land Development determines that additional security is necessary to\nprovide for the cost of decommissioning and restoration of the pad site.\n(5) (i) If an industrial wind energy conversion system in Garrett\nCounty has not generated electricity for a continuous period of 365 days or an owner\nhas abandoned an industrial wind energy conversion system, the Garrett County\nDepartment of Planning and Land Development may require the owner to\ndecommission and restore the pad site.\n(ii) If the owner fails to comply with the requirements under\nthis paragraph, the bond shall be used by Garrett County to cover the costs of\ndecommissioning and restoration of the pad site.","path":["Article - Local Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=glg\u0026section=13-706","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:58Z","sha256":"f56185c50c1f7574fff699dc5018ded5a2d257b0073c076b54bc282b08babee7","source_id":"us-md","stale":false,"prev":"us-md/md.-code-local-government-13-705","next":"us-md/md.-code-local-government-13-801"},"notice":"GroundRules: Original legal text. Not legal advice."}