Section 128.10. Incorporating owner requirements into local ordinances.

 

(1)   Ordinances with all the owner requirements. A political subdivision may enact an ordinance that incorporates all the owner requirements specified in this subchapter, but may not enact an ordinance whose requirements on the installation or use of a wind energy system are more restrictive than specified in this subchapter.

(2)   Ordinances with less restrictive owner requirements. Except as provided in sub. (4) , a political subdivision may enact an ordinance whose requirements on the installation or use of a wind energy system are less restrictive than specified in this subchapter.

(3)   No ordinance. Except as provided in sub. (4) , if a political subdivision does not enact an ordinance establishing requirements on the installation or use of a wind energy system, this subchapter does not apply within the political subdivision.

(4)   Mandatory requirements.

(a) Section PSC 128.105 applies to every owner of a wind energy system, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision's ordinance or the lack of an ordinance.

(b) Section PSC 128.13 (2) (a) applies to every political subdivision, regardless of the contents of its ordinance or the lack of an ordinance.

(c) Section PSC 128.19 applies to every owner of a wind energy system of at least one megawatt, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision's ordinance or the lack of an ordinance.

(5)   Small wind energy systems. For a small wind energy system, this subchapter applies as provided in ss. PSC 128.60 and 128.61 .

CR 10-057 : cr. Register February 2011 No. 662 , eff. 3-1-11.