Section 128.35. Modifications to an approved wind energy system.

 

(1)   Material change.

(a) An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the political subdivision that authorized the wind energy system, unless the political subdivision automatically approves the material change by taking either of the steps specified in s. PSC 128.32 (2) (b) 1. or 2.

(b) An owner shall submit an application for a material change to an approved wind energy system to the political subdivision that authorized the wind energy system.

(2)   Review limited.

(a) A political subdivision that receives an application for a material change to a wind energy system under sub. (1) (b) may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change.

(b) An application for a material change is subject to ss. PSC 128.30 (1) , (3) to (5) , (6) (a) and (b) , and (7) and 128.31 to 128.34 .

(c) An application for a material change shall contain information necessary to understand the material change.

(d) A political subdivision may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.

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