Quick Links

Shirley Wind Farm, Brown County

Other Wind Siting
Documents

Rule Requirements
Guiding Principles
Rules Process



Historical Perspective:

"Permitting Wind Turbines: What Have We Learned Over 12 Years?"

a presentation by Michael Vickerman (pdf format)

Legal Perspective for Town Governments:

WISCONSIN TOWNS ASSOCIATION CONVENTION
Presentation "Wind Turbine Siting and Related Issues"
October 25, 2011
by Attorney Edward J. Ritger
Ritger Law Office
Random Lake, Sheboygan County, Wisconsin

LIVE BROADCASTS

» Listen Live
PSC of Wisconsin

Wind Siting Process

Public Service Commission of Wisconsin Docket 1-AC-231

FIRST STEP - STATEMENT OF SCOPE

SECOND STEP - HEARING STEP

THIRD STEP - LEGISLATIVE STEP

FOURTH STEP - FINAL STEP


. . . . . . . . Docket 1-AC-231 Major Documents

December 9, 2010 open meeting includes PSCW memo detailing revisions to Wind Siting Rules and recording of discussion and vote on rule revisions.

Senate Committee on Commerce, Utilities, Energy and Rail sent rules back to PSCW (Oct. 29, 2010)
Comm. Chair Sen. Jeff Phale letter,
reply from PSCW,
letter from comm. member Sen. Jon Erpenbach (Nov. 30, 2010),
PSCW response to Sen. Erpenbach

Senate on Commerce, Utilities, Energy and Rail - Wind Siting Rules Hearing (Oct. 13, 2010)

Final Wind Siting Rules were issued by the PSC (dated August 31, 2010)
In addition, Commissioner Azar's has sent a letter of concurrence to the legislative leaders (including her explanation of her "safety net" proposal.

Draft Wind Siting Rules were issued by PSC Staff (PSC REF#:136722 dated August 17, 2010)
Red-lined version (PSC REF#:136723 dated August 17, 2010)

Wind Siting Council Final Recommendations and Report (8-9-10)

Straw Proposal Revision 3- Areas of General Consensus (7-19-10)

Straw Proposal Revision 2- Areas of General Consensus (7-14-10)

Straw Proposal Framework 1- Areas of General Consensus (6-9-10)

Draft Rules on PSC website (5-14-10)

Wind Siting Council Meeting Schedule (pdf)

Wind Siting Meeting Schedule (April through August 2010) and documents

Wisconsin Wind Siting

Ordinances for wind siting are not necessary. There's no reason why a local government can't draft a conditional use permit or a Joint Development Agreement to regulate a wind project. The table below clearly shows that very few projects in Wisconsin have been permitted under wind ordinances.

Wisconsin Wind Project Permitting Matrix
(by county and municipality)
December 5, 2011

Download a word version of the table

Township or village

County

No. of Turbines

Rated capacity
(in MW)

Project name

Local ordinance?

Conditional use permit?

JDA?1

CPCN?2

Glenmore

Brown

   10

 21.2

Shirley, Glenmore

No

Yes

No

No

Randolph

Columbia

   54

 97.2

Glacier Hills

No

No

Yes

Yes

Scott

Columbia

   36

 64.8

Glacier Hills

No

No

Yes

Yes

Herman

Dodge

   36

 54

Butler Ridge

No

No

Yes

No

Leroy

Dodge

   37

 55.5

Forward

Yes (county)3

No

No

Yes

Lomira

Dodge

   12

 18

Forward

Yes (county)

No

No

Yes

Byron

Fond du Lac

     22

 31.3

Forward, Byron

No

Yes

No

No

Calumet

Fond du Lac

   44

 72.6

Blue Sky Green Field

No

No

Yes

Yes

Eden

Fond du Lac

   23

 37.9

Cedar Ridge

No

No

Yes

No

Empire

Fond du Lac

   18

 29.7

Cedar Ridge

No

No

Yes

No

Marshfield

Fond du Lac

   44

 72.6

Blue Sky Green Field

No

No

Yes

Yes

Oakfield

Fond du Lac

   17

 25.5

Forward

No

Yes

No

Yes

Eden

Iowa

   20

 30

Montfort

No

Yes

No

No

Lincoln

Kewaunee

   22

 14.5

Rosiere, Lincoln

No

Yes

No

No

Red River

Kewaunee

    9

  5.9

Rosiere

No

Yes

No

No

Cashton

Monroe

   1

2.5

Cashton Greens

Yes

Yes

No

No

Portland

Monroe

   1

2.5

Cashton Greens

No

Yes (roads only)

No

No

 

 

WI Seal March 30 - Legislature asks PSC to create new set of guidelines

   Wind Siting Rule, PSC 128:   The Joint Committee for Review of Administrative Rules (JCRAR) voted to introduce a bill (s.227.26 (2) (f) ) to support its suspension of the wind siting rule (the March 1 JCRAR vote suspended the rule temporarily).
   Tthis bill suspends PSC 128 and refers the matter back to the Public Service Commission, with a new rule coming back to the legislature within 6 months of the bill's passage.

   As a result of the administrative reforms adopted by the Legislature earlier this year, any replacement rule to PSC 128 cannot take effect without Governor Walker's approval.

March 9, 2011 Update - Wind Siting Rule, PSC 128:

The Joint Committee for Review of Administrative Rules (JCRAR) voted 6-2 on March 1st to suspend the wind siting rule.  The committee simultaneously considered a bill which would refer the matter back to the Public Service Commission, with a new rule coming back to the legislature within 6 months of the bill's passage.  Attached is the bill draft as introduced at the hearing.  There are no major changes to the draft at this point.  The bill must be introduced within 30 days of the JCRAR vote to suspend (April 8).  As a reminder, Commissioner Meyer's six year term is expiring and Governor Walker will soon announce his appointment of the new Commission chair. 

 

On December 9, 2010, revised rules were forwarded to the legislative committees with jurisdiction. The committees had 10 working days to take action. No action was taken, and as a result, by law the rules should have taken affect on the 1st day of the following month.

However, provisions that alter setbacks and other aspects of the rules developed in the PSC process have been separated into a bill (Special Session Assembly Bill 9). No hearings have yet been scheduled on this bill.

THIRD STEP - LEGISLATIVE STEP

     After the Wisconsin PSCW sent final wind siting rules to the standing Wisconsin legislative energy committees, the Senate Committee on Commerce, Utilities, Energy and Rail held a public hearing on the draft rules on October 13, 2010.
     As a follow-up, on October 20, the committee voted to send the rules back to the PSCW, requesting unspecified modifications due to what was described as inconsistencies with what the legislature intended in 2009 Wisconsin ACT 40.

     On the Assembly side, the Committee on Energy and Utilities cancelled its scheduled public hearing and took no further action. Review legislative process on rulemaking...

 

PSCW Logo THIRD STEP - . . . . . . . . . PSCW Response & Revisions

 

Memorandum dated December 1, 2010 for PSCW Agenda on revisions to Wind Siting Rules.

     The Commission modified the Wind Siting Rules and directed Commission staff to prepare documents consistent with its discussion for submission to the Legislature. If the legislative review period expires without further comment, or the Legislature approves the rules without change, the rules may be promulgated as final rules without further Commission action.

     At its December 9, open meeting, the PSCW approved limited revisions MP3 recording (listen to recording of wind siting discussion and unanimous vote to approve revisions, MP3 format 9.6 MB) in three basic areas of the draft rules outlined in the December 1 Memo above, related to:

(1) technical, nonsubtantive
(2) specific agricultural interests cited by DATCP
    (WI Dept. of Agriculture, Trade and Consumer Protection)
(3) two key landowner mitigation provisions

 

THIRD STEP    The General Process . . .

Wind Siting Council

2009 Wisconsin Act 40 (Act 40) requires the PSC to promulgate a variety of rules that specify the conditions a city, village, town, or county (political subdivision) may impose on the installation or use of a wind energy system. If a political subdivision chooses to regulate such systems, its ordinances may not be more restrictive than the PSC’s rules. The PSC will also consider the restrictions specified in these rules when determining whether to grant a certificate of public convenience and necessity for a wind energy system over 100 megawatts.

Wisconsin’s Wind Siting Council is an advisory body created by 2009 Wisconsin Act 40 (Act 40). Act 40 directs the PSC to develop administrative rules that specify the restrictions that may be imposed on the installation or use of wind energy systems. The new law also required the PSC to appoint a Wind Siting Council that will advise the PSC as it develops uniform wind siting standards for Wisconsin.

The following people were appointed to serve on Wisconsin’s Wind Siting Council:


Dan Ebert, WPPI Energy
David Gilles, Godfrey & Kahn
Tom Green, Wind Capital Group
Jennifer Heinzen, Lakeshore Technical College
Andy Hesselbach, We Energies
George Krause Jr., Choice Residential LLC
Lloyd Lueschow, Green County
Jevon McFadden, University of Wisconsin School of Medicine & Public Health
Tom Meyer, Restaino & Associates
Bill Rakocy, Emerging Energies of Wisconsin, LLC
Dwight Sattler, Landowner
Ryan Schryver, Clean Wisconsin
Michael Vickerman, RENEW Wisconsin
Larry Wunsch, Landowner
Doug Zweizig, Union Township

 

The Wind Siting Council Final Report.The final recommendation (pages 37-42) are supported by 11 of the 15 Council members. Four Council members submitted a minority report (pages 45-61).

Public Service Commission of Wisconsin Press Release Announcing Wind Siting Council Recommendations

The important documents that the Council considered were:

McFadden - Wind Turbines: A Brief Health Overview
Cowen - Wind Turbine Generator Noise Issues (PSC REF#:132583)
Hesselbach - Setback and Siting Analysis, a Case Study: Glacier Hills Wind Park (PSC REF#:132584)
Kielisch - Wind Turbines and Property Value (PSC REF#:133062)

 

Read the origonal PROPOSED RULE CHAPTER PSC 128 (May 14, 2010) WIND ENERGY SYSTEMS

Subchapter I General
Subchapter II Developer Requirements
Subchapter III Political Subdivision Procedure
Subchapter IV Commission Procedure

 

Wind Siting Rulemaking

Comments on the proposed rules were accepted until July 7, 2010. The comments are considered when PSC staff is drafting the rules.

The PSC held hearings to take testimony from the public regarding the proposed rules in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on June 30, 2010. Act 40 required that hearings regarding these rules also be held in Monroe County and a county other than Dane or Monroe, where developers have proposed wind energy systems. The PSC also held public hearings on these proposed rules at City Hall, Legislative Chambers, 160 West Macy Street in Fond du Lac on June 28, 2010, and Holiday Inn, 1017 East McCoy Boulevard in Tomah on June 29, 2010.

More information on the Wind Siting Council and the wind siting rulemaking pursuant to Act 40 can be found by visiting the Commission’s website and clicking on the Electronic Regulatory Filing System (ERF) at http://psc.wi.gov Type case numbers 1-AC-231 in the boxes provided on the ERF system.

 

-

Wind Siting


I. General requirement for rules
Under Wis. Stat. § 196.378(4g)(b), the Public Service Commission of Wisconsin (Commission) shall, with the advice of the Wind Siting Council promulgate rules that specify the restrictions that a political subdivision (a city, village, town or county) may impose on the installation or use
of a wind energy system consistent with the conditions specified in Wis. Stat. § 66.0401(1m) (a) to (c).

Wisconsin Stat. § 66.0401(1m) reads:
66.0401(1m) Authority to restrict systems limited. No political subdivision may place any restriction, either directly or in effect, on the installation or use of a wind energy system that is more restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:

II. Specific provisions that shall be included in the rules
The subject matter of the rules promulgated by the Commission shall include all of the following: