Chapter PSC 128

Chapter PSC 128

WIND ENERGY SYSTEMS

Subchapter I — General

PSC 128.01   Definitions.

PSC 128.02   Applicability.

PSC 128.03   Political subdivision authority.

PSC 128.04   Enforcement.

Subchapter II — Owner Requirements

PSC 128.10   Incorporating owner requirements into local ordinances.

PSC 128.105   Development of a wind energy system; notice requirements.

PSC 128.11   Real property provisions.

PSC 128.12   Existing property uses.

PSC 128.13   Siting criteria.

PSC 128.14   Noise criteria.

PSC 128.15   Shadow flicker.

PSC 128.16   Signal interference.

PSC 128.17   Stray voltage.

PSC 128.18   Construction and operation.

PSC 128.19   Decommissioning.

Subchapter III — Political Subdivision Procedure

PSC 128.30   Application and notice requirements.

PSC 128.31   Application completeness.

PSC 128.32   Political subdivision review of a wind energy system.

PSC 128.33   Political subdivision permitted provisions.

PSC 128.34   Record of decision.

PSC 128.35   Modifications to an approved wind energy system.

PSC 128.36   Monitoring compliance.

Subchapter IV — Complaints

PSC 128.40   Complaint process.

PSC 128.41   Monitoring committee.

PSC 128.42   Notice to property owners and residents.

Subchapter V — Commission Procedure

PSC 128.50   Standards established by the commission.

PSC 128.51   Commission review.

Subchapter VI — Small Wind Energy Systems

PSC 128.60   Exemptions from this chapter.

PSC 128.61   Modifications to this chapter.

subch. I of ch. PSC 128 Subchapter I — General

PSC 128.01 PSC 128.01 Definitions. In this chapter:

PSC 128.01(1) (1) “Commercial communications” includes communications used by government and military entities for emergency purposes, licensed amateur radio service, and non-emergency communications used by agricultural, business, government, and military entities including aviation radar, commercial mobile radio service, fixed wireless service, global positioning, line-of-sight, microwave, personal communications service, weather radar, and wireless internet service.

PSC 128.01(2) (2) “Commission” means the public service commission.

PSC 128.01(4) (4) “Decommissioning” means removal of all of the following:

PSC 128.01(4)(a) (a) The above ground portion of a wind energy system, including wind turbines and related facilities, except for access roads if removal has been waived by the property owner.

PSC 128.01(4)(b) (b) All below ground facilities, except the following:

PSC 128.01(4)(b)1. 1. Underground collector circuit facilities.

PSC 128.01(4)(b)2. 2. Those portions of concrete structures 4 feet or more below grade.

PSC 128.01(5) (5) “DNR” means the Wisconsin department of natural resources.

PSC 128.01(6) (6) “Maximum blade tip height” means the nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. If not listed in the wind turbine specifications, “maximum blade tip height” means the actual hub height plus the blade length.

PSC 128.01(7) (7) “Nameplate capacity” means the nominal generating capacity of a wind energy system, as listed in the wind turbine specifications provided by the wind turbine manufacturer.

PSC 128.01(8) (8) “Nonparticipating property” means real property that is not a participating property.

PSC 128.01(9) (9) “Nonparticipating residence” means a residence located on nonparticipating property.

PSC 128.01(10) (10) “Occupied community building” means a school, church or similar place of worship, daycare facility or public library.

PSC 128.01(12) (12) “Owner” means:

PSC 128.01(12)(a) (a) A person with a direct ownership interest in a wind energy system, regardless of whether the person was involved in acquiring the necessary rights, permits and approvals or otherwise planning for the construction and operation of a wind energy system.

PSC 128.01(12)(b) (b) At the time a wind energy system is being developed, a person who is acting as a wind energy system developer by acquiring the necessary rights, permits and approvals for or by planning for the construction and operation of a wind energy system, regardless of whether the person will own or operate the wind energy system.

PSC 128.01(13) (13) “Participating property” means any of the following:

PSC 128.01(13)(a) (a) A turbine host property.

PSC 128.01(13)(b) (b) Real property that is the subject of an agreement that does all of the following:

PSC 128.01(13)(b)1. 1. Provides for the payment of monetary compensation to the landowner from an owner regardless of whether any part of a wind energy system is constructed on the property.

PSC 128.01(13)(b)2. 2. Specifies in writing any waiver of a requirement or right under this chapter and that the landowner’s acceptance of payment establishes the landowner’s property as a participating property.

PSC 128.01(14) (14) “Participating residence” means a residence located on participating property.

PSC 128.01(15) (15) “Personal communications” includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.

PSC 128.01(16) (16) “Political subdivision” has the meaning given in s. 66.0401 (1e) (c), Stats.

PSC 128.01(17) (17) “Residence” means an occupied primary or secondary personal residence including a manufactured home as defined in s. 101.91 (2), Stats., a hospital, community-based residential facility, residential care apartment complex or similar facility, or a nursing home. “Residence” includes a temporarily unoccupied primary or secondary personal residence. “Residence” does not include any of the following:

PSC 128.01(17)(a) (a) A recreational vehicle as defined in s. 340.01 (48r), Stats., notwithstanding the length of the vehicle.

PSC 128.01(17)(b) (b) A camping trailer as defined in s. 340.01 (6m), Stats.

PSC 128.01(17)(c) (c) A permanently abandoned personal residence.

PSC 128.01(19) (19) “Shadow flicker” means a pattern of moving shadows cast on a residence or an occupied community building caused by sunlight shining through moving wind turbine blades resulting in alternating changes in light intensity.

PSC 128.01(20) (20) “Small wind energy system” means a wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.

PSC 128.01(21) (21) “Turbine host property” means real property on which at least one wind turbine is located.

PSC 128.01(22) (22) “Wind access easement” means a written document that creates a legal interest in real property that restricts the use of the property to avoid interference with the wind resource on another property.