Section 128.30. Application and notice requirements.

 

(1)   Application required. An owner shall file an application to construct a wind energy system with all political subdivisions with jurisdiction over the wind energy system.

(2)   Contents of an application. An owner shall complete and file with the political subdivision an application that includes all of the following:

(a) Wind energy system description and maps showing the locations of all proposed wind energy facilities.

(b) Technical description of wind turbines and wind turbine sites.

(c) Timeline and process for constructing the wind energy system.

(d) Information regarding anticipated impact of the wind energy system on local infrastructure.

(e) Information regarding noise anticipated to be attributable to the wind energy system.

(f) Information regarding shadow flicker anticipated to be attributable to the wind energy system.

(g) Information regarding the anticipated effects of the wind energy system on existing land uses within 0.5 mile of the wind energy system.

(h) Information regarding the anticipated effects of the wind energy system on airports and airspace.

(i) Information regarding the anticipated effects of the wind energy system on line-of-sight communications.

(j) A list of all state and federal permits required to construct and operate the wind energy system.

(k) Information regarding the planned use and modification of roads within the political subdivision during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner's expense.

(L) A copy of all emergency plans developed in collaboration with appropriate first responders under s. PSC 128.18 (4) (b) . An owner may file plans using confidential filing procedures as necessary.

(m) A decommissioning and site restoration plan providing reasonable assurances that the owner will be able to comply with s. PSC 128.19 .

(n) A representative copy of all notices issued under sub. (5) and ss. PSC 128.105 (1) (a) and 128.42 (1) .

(p) Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.

(3)   Accuracy of information. The owner shall ensure that information contained in an application is accurate.

(4)   Duplicate copies. A political subdivision may specify a reasonable number of copies to be filed. Each copy shall include all worksheets, maps, and other attachments included in the application. A political subdivision may permit an owner to file an application electronically.

(5)   Notice to property owners and residents.

(a) On the same day an owner files an application for a wind energy system, the owner shall, under s. 66.0401 (4) (a) 3. , Stats., use commercially reasonable methods to provide written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any wind energy system facility. The notification shall include all of the following:

1. A complete description of the wind energy system, including the number and size of the wind turbines.

2. A map showing the locations of all proposed wind energy system facilities.

3. The proposed timeline for construction and operation of the wind energy system.

4. Locations where the application is available for public review.

5. Owner contact information.

(b) After a political subdivision receives an application for a wind energy system, the notice required to be published by the political subdivision under s. 66.0401 (4) (a) 1. , Stats., shall include a brief description of the proposed wind energy system and its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments to the political subdivision, and the approximate schedule for review of the application by the political subdivision.

(6)   Public participation.

(a) A political subdivision shall make an application for a wind energy system available for public review at a local library and at the political subdivision's business office or some other publicly-accessible location. A political subdivision may also provide public access to the application electronically.

(b) A political subdivision shall establish a process for accepting and considering written public comments on an application for a wind energy system.

(c) A political subdivision shall hold at least one public meeting to obtain comments on and to inform the public about a proposed wind energy system.

(7)   Joint application review process.

(a) If the wind energy system is proposed to be located in more than one political subdivision with jurisdiction over the wind energy system, the political subdivisions involved may conduct a joint application review process on their own motion or upon request. If an owner requests a joint application review, the owner shall include the request in its notice of intent to file an application with the political subdivision under s. PSC 128.105 (1) . If the owner requests a joint application review process, the political subdivisions involved shall approve or deny this request within 60 days of receipt of the owner's notice of intent to file an application.

(b) Except as provided in s. 66.0401 (4) (a) 2. , Stats., if political subdivisions elect to conduct a joint application review process, the process shall be consistent with this chapter and the political subdivisions shall establish the process within 90 days of the date the political subdivisions receive the owner's notice of intent to file an application. A political subdivision may follow the review process of another political subdivision for purposes of conducting a joint application review process concurrently with the other political subdivision. If a joint application review process is adopted, the owner shall file the joint-review process application with all of the political subdivisions participating in the joint review process.

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