PSC 128.30(6)(b) (b) A political subdivision shall establish a process for accepting and considering written public comments on an application for a wind energy system.

PSC 128.30(6)(c) (c) A political subdivision shall hold at least one public meeting to obtain comments on and to inform the public about a proposed wind energy system.

PSC 128.30(7) (7) Joint application review process.

PSC 128.30(7)(a) (a) If the wind energy system is proposed to be located in more than one political subdivision with jurisdiction over the wind energy system, the political subdivisions involved may conduct a joint application review process on their own motion or upon request. If an owner requests a joint application review, the owner shall include the request in its notice of intent to file an application with the political subdivision under s. PSC 128.105 (1). If the owner requests a joint application review process, the political subdivisions involved shall approve or deny this request within 60 days of receipt of the owner’s notice of intent to file an application.

PSC 128.30(7)(b) (b) Except as provided in s. 66.0401 (4) (a) 2., Stats., if political subdivisions elect to conduct a joint application review process, the process shall be consistent with this chapter and the political subdivisions shall establish the process within 90 days of the date the political subdivisions receive the owner’s notice of intent to file an application. A political subdivision may follow the review process of another political subdivision for purposes of conducting a joint application review process concurrently with the other political subdivision. If a joint application review process is adopted, the owner shall file the joint-review process application with all of the political subdivisions participating in the joint review process.

PSC 128.30 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.31 PSC 128.31 Application completeness.

PSC 128.31(1) (1) Complete applications.

PSC 128.31(1)(a) (a) An application is complete if it meets the filing requirements under ss. PSC 128.30 (2) and 128.50 (1).

PSC 128.31(1)(b) (b) The political subdivision shall determine the completeness of an application, and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the political subdivision in writing that all the application materials have been filed. If a political subdivision determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.

PSC 128.31(1)(c) (c) An owner may file a supplement to an application that the political subdivision has determined to be incomplete. There is no limit to the number of times that an owner may re-file an application. For incomplete applications, the owner shall provide additional information as specified in the notice under par. (b).

PSC 128.31(1)(d) (d) An additional 45-day completeness review period shall begin the day after the political subdivision receives responses to all items identified in the notice under par. (b).

PSC 128.31(1)(e) (e) If a political subdivision does not make a completeness determination within the applicable review period, the application is considered to be complete.

PSC 128.31(2) (2) Requests for additional information. A political subdivision may request additional information necessary to understand the wind energy system after determining that an application is complete. An owner shall provide additional information in response to all reasonable requests. An owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.

PSC 128.31 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.32 PSC 128.32 Political subdivision review of a wind energy system.

PSC 128.32(1) (1) Approval by political subdivision. Except as provided in s. PSC 128.02 (1), a political subdivision may require an owner to obtain approval from the political subdivision before constructing any of the following:

PSC 128.32(1)(a) (a) A wind energy system.

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.