PSC 128.32(1)(b) (b) An expansion of an existing or previously-approved wind energy system.

PSC 128.32(2) (2) Standard for approval.

PSC 128.32(2)(a) (a) A political subdivision may not unreasonably deny an application for a wind energy system or impose unreasonable conditions.

PSC 128.32(2)(b) (b) For a political subdivision that does not have in effect an ordinance as described in s. PSC 128.03 and s. 66.0401 (4) (g), Stats., an application submitted under s. PSC 128.30 (1) shall be considered automatically approved if any of the following occur:

PSC 128.32(2)(b)1. 1. The political subdivision does not enact an ordinance before the first day of the 4th month after the political subdivision receives the application.

PSC 128.32(2)(b)2. 2. The political subdivision notifies the applicant in writing that it does not intend to enact an ordinance, as described in s. 66.0401 (4) (a) 2., Stats.

PSC 128.32(3) (3) Written decision.

PSC 128.32(3)(a) (a) A political subdivision shall issue a written decision to grant or deny an application for a wind energy system. The written decision shall include findings of fact supported by evidence in the record. If an application is denied, the decision shall specify the reason for the denial. A political subdivision may make its approval subject to the conditions in s. PSC 128.33.

PSC 128.32(3)(b) (b)

PSC 128.32(3)(b)1. 1. A political subdivision shall provide its written decision to the owner and to the commission. If a political subdivision approves an application for a wind energy system, the political subdivision shall provide the owner with a duplicate original of the decision.

PSC 128.32(3)(b)2. 2. The owner shall record the duplicate original of a decision approving an application with the register of deeds for the county in which the wind energy system is located.

PSC 128.32(4) (4) Effect of ownership change on approval. Approval by a political subdivision of a wind energy system remains in effect if there is a change in the owner of the wind energy system. A political subdivision may require an owner to provide timely notice of any change in the owner of the wind energy system.

PSC 128.32(5) (5) Fees.

PSC 128.32(5)(a) (a) A political subdivision may charge an owner a reasonable application fee or require an owner to reimburse the political subdivision for reasonable expenses relating to the review and processing of an application for a wind energy system.

PSC 128.32(5)(b) (b) A political subdivision’s fee or reimbursement requirement under par. (a) shall be based on the actual and necessary cost of the review of the wind energy system application, and may include the cost of services necessary to review an application that are provided by outside engineers, attorneys, planners, environmental specialists, and other consultants or experts. The political subdivision may by ordinance set standardized application fees based on the size and complexity of a proposed wind energy system.

PSC 128.32(5)(c) (c) A political subdivision may require an owner of a wind energy system to submit up to 50 percent of the total estimated amount of the fee or reimbursement for the wind energy system application under par. (a) before issuing a written decision under sub. (3) (a), if the political subdivision gives written notice to the owner of its intent to do so within 10 days of the date the application is deemed complete and the notice contains an estimate of the amount of the fee and the relevant reimbursement requirements.

PSC 128.32(5)(d) (d) A political subdivision may not charge an owner an annual fee or other recurring fees to operate or maintain a wind energy system.

PSC 128.32 Note Note: See also s. 66.0628 (2), Stats., which requires any fee imposed by a political subdivision to bear a reasonable relationship to the service for which the fee is imposed.

PSC 128.32 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.33 PSC 128.33 Political subdivision permitted provisions. A political subdivision may do any of the following in an ordinance or establish any of the following as a condition for approval of an application to construct a wind energy system:

PSC 128.33(1) (1) Information. Require information about whether an owner has consulted with and received any non-binding recommendations for constructing, operating or decommissioning the wind energy system from a state or federal agency, and whether the owner has incorporated such non-binding recommendations into the design of the wind energy system.

PSC 128.33(2) (2) Studies. Require an owner to cooperate with any study of the effects of wind energy systems coordinated by a state agency.

PSC 128.33(3) (3) Monetary compensation. Require an owner of a wind energy system to offer an agreement that includes annual monetary compensation to the owner of a nonparticipating residence, if the residence is located within 0.5 mile of a constructed wind turbine. For one turbine located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $600. For two turbines located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $800. For three or more turbines located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $1,000. The initial annual monetary compensation under this subsection shall apply to agreements entered into in 2011. For agreements entered into in 2012 and thereafter, the initial annual amounts shall increase each year by the greater of two percent or the increase in the Consumer Price Index, as described in s. 196.374 (5) (bm) 2. b., Stats., from the previous year. An agreement offered under this subsection shall specify in writing any waiver of a requirement or right under this chapter and whether the landowner’s acceptance of payment establishes the landowner’s property as a participating property under this chapter.

PSC 128.33(3m) (3m) Aerial spraying. Require an owner of a wind energy system to offer an agreement that includes monetary compensation to a farm operator farming on a nonparticipating property located within 0.5 mile of a constructed wind turbine if the farm operator demonstrates all of the following:

PSC 128.33(3m)(a) (a) Substantial evidence of a history, before the wind energy system owner gives notice under s. PSC 128.105 (1), of using aerial spraying for pest control or disease prevention for growing potatoes, peas, snap beans or sweet corn on all or part of a farm field located within 0.5 mile of a constructed wind turbine.

PSC 128.33(3m)(b) (b) A material reduction in potato, pea, snap bean or sweet corn production or a material increase in application costs on all or part of a farm field located within 0.5 mile of a constructed wind turbine as a result of the wind energy system’s effect on aerial spraying practices.

PSC 128.33(4) (4) Permits. Require the owner to submit to the political subdivision copies of all necessary state and federal permits and approvals.

PSC 128.33(5) (5) Annual reports. Require the owner to file an annual report with the political subdivision documenting the operation and maintenance of the wind energy system during the previous calendar year.

PSC 128.33 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.