PSC 128.10(4)(b) (b) Section PSC 128.13 (2) (a) applies to every political subdivision, regardless of the contents of its ordinance or the lack of an ordinance.

PSC 128.10(4)(c) (c) Section PSC 128.19 applies to every owner of a wind energy system of at least one megawatt, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision’s ordinance or the lack of an ordinance.

PSC 128.10(5) (5) Small wind energy systems. For a small wind energy system, this subchapter applies as provided in ss. PSC 128.60 and 128.61.

PSC 128.10 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

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

PSC 128.105(1) (1) Pre-application notice. At least 90 days before an owner files an application to construct a wind energy system, an owner shall use commercially reasonable methods to provide written notice of the planned wind energy system to all of the following:

PSC 128.105(1)(a) (a) Landowners within one mile of a planned wind turbine host property.

PSC 128.105(1)(b) (b) Political subdivisions within which the wind energy system may be located.

PSC 128.105(1)(c) (c) Emergency first responders and air ambulance service providers serving a political subdivision within which the wind energy system may be located.

PSC 128.105(1)(d) (d) The Wisconsin department of transportation.

PSC 128.105(1)(e) (e) The commission.

PSC 128.105(1)(f) (f) The DNR.

PSC 128.105(1)(g) (g) The Wisconsin department of agriculture, trade and consumer protection.

PSC 128.105(1)(h) (h) The office of the deputy undersecretary of the U.S. department of defense.

PSC 128.105(1m) (1m) Additional pre-application notice to commission. At least 180 days before filing an application to construct a wind turbine with a maximum blade tip height exceeding 600 feet, or a wind energy system in those portions of Lake Michigan or Lake Superior that are within the jurisdiction of the state, the owner shall provide written notice of the planned wind energy system to the commission.

PSC 128.105(2) (2) Pre-application notice requirements. The owner shall include all of the following in a notice under sub. (1) or (1m):

PSC 128.105(2)(a) (a) A complete description of the wind energy system, including the number and size of the planned wind turbines.

PSC 128.105(2)(b) (b) A map showing the planned location of all wind energy system facilities.

PSC 128.105(2)(c) (c) Contact information for the owner.

PSC 128.105(2)(d) (d) A list of all potential permits or approvals the owner anticipates may be necessary for construction of the wind energy system.

PSC 128.105(2)(e) (e) Whether the owner is requesting a joint application review process under s. PSC 128.30 (7) and the name of each political subdivision that may participate in the joint review process.

PSC 128.105 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.11 PSC 128.11 Real property provisions.

PSC 128.11(1) (1) Easement recording required. A wind energy system easement or wind access easement shall be recorded under ch. 706, Stats. A wind energy system easement or wind access easement shall include the term of the easement and a full legal description of the property subject to the easement.

PSC 128.11(2) (2) Wind lease and waiver provisions. A wind energy system lease and any waiver under s. PSC 128.14 (5) or 128.15 (4) shall hold harmless and indemnify the real property owner for all of the following:

PSC 128.11(2)(a) (a) Any violation of federal, state or local law by the owner of the wind energy system.

PSC 128.11(2)(b) (b) Any damages or bodily injury caused by the construction, operation or decommissioning of the wind energy system.

PSC 128.11 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.12 PSC 128.12 Existing property uses.