Section 128.61. Modifications to this chapter.

  The following provisions in this chapter are modified to apply to a small wind energy system as follows:

(1)   Notice. Under s. PSC 128.105 (1) , the notice shall be filed at least 60 days before an owner files an application to construct a small wind energy system and the notice shall be provided only to adjacent landowners and the political subdivisions with jurisdiction over the small wind energy system.

(2)   Land use. Section PSC 128.12 (1) applies only to existing land uses and enterprises that are located on adjacent nonparticipating properties.

(3)   Setback distances. In s. PSC 128.13 (1) :

(a) Table 1 is replaced with Table 2.

(b) The owner of an adjacent nonparticipating residence or adjacent occupied community building may waive the applicable turbine setback distances in Table 2. - See PDF for table

(4)   Noise. Under s. PSC 128.14 (6) (b) , an owner shall provide notice of the requirements of s. PSC 128.14 only to each adjacent nonparticipating residence or occupied community building before the initial operation of the small wind energy system.

(5)   Useful life. Under s. PSC 128.19 (1) , a small wind energy system is presumed to be at the end of its useful life if it generates no electricity for a continuous 540-day period.

(6)   Effects on land uses. Under s. PSC 128.30 (2) (g) , the information regarding the anticipated effects of the small wind energy system on existing land uses shall only be for parcels adjacent to the wind energy system.

(7)   Application notice. Under s. PSC 128.30 (5) (a) , written notice of the filing of the application shall be provided only to property owners and residents located adjacent to the small wind energy system.

(8)   Meetings. Under s. PSC 128.30 (6) (c) , a political subdivision may hold at least one public meeting to obtain comments on and to inform the public about a proposed small wind energy system.

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