HB 939 revises Montana law governing wind energy agreements by adding new restrictions on large wind turbine generators built under those agreements. The bill prohibits construction of a wind turbine tower 500 feet or more in height if the tower base is within 1,500 feet of an occupied residence, unless the property owner agrees to a shorter setback. It also creates a deicing-related operating standard for qualifying turbines, requiring operators to use commercially reasonable efforts to reduce icing risks during rotor blade deicing and limiting rotor blade speed during deicing to 10% of maximum speed unless the landowner approves a different speed.
The bill amends section 70-17-406, MCA, which already sets required contents for wind energy agreements, and places the new provisions within Title 75, chapter 26. It reinforces the existing framework for wind easements and agreements by tying the setback and deicing rules to projects developed under those agreements. The act is delayed until January 1, 2026, giving developers and landowners time to adjust project planning and contract terms.
Impact
HB 939 directly affects wind energy developers, landowners, and nearby residents by imposing new siting and operational limits on large wind turbine generators. It changes Montana’s wind energy agreement law to require greater protection for occupied residences near tall turbines and adds a safety-oriented deicing standard for turbines in ice-prone areas. The bill may influence where future wind projects can be built, how easements are negotiated, and what mitigation measures operators must adopt during winter conditions.
Sentiment
The bill appears to have broad legislative support, passing committee and floor votes in both chambers by comfortable margins and ultimately being enacted. The strong vote totals suggest general agreement with the bill’s goals of addressing residential setbacks and icing safety concerns in wind development. At the same time, the presence of several dissenting votes in the Senate indicates some continuing concern about the bill’s impact on wind energy development or property rights.
Contention
The main points of contention appear to be the balance between wind energy development and protections for neighboring landowners. Supporters likely viewed the bill as a needed safeguard for occupied residences and a safety measure for turbine deicing in icy conditions, while opponents may have been concerned that the setback requirement and deicing limits could make projects harder to site or operate, especially for large turbines. The Senate’s amendments and the need for reconsideration suggest there was some disagreement over the bill’s details, particularly the setback distance, the deicing standard, and how much discretion should remain with property owners and developers.