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Wind Siting Rules

2009 Wisconsin Act 40 (Act 40) directed the Public Service Commission to promulgate administrative rules that specify the restrictions a political subdivision (a city, village, town or county) may impose on the installation or use of a wind energy system, and to help ensure consistent local procedures for local regulation of wind energy systems. Pursuant to Act 40, if a political subdivision chooses to regulate such systems, its regulations may not be more restrictive than the Commission’s rules.

The Commission established docket 1-AC-231 to conduct the rulemaking under Act 40.

On December 27, 2010, the Commission adopted the final wind siting rules, Wisconsin Administrative Code Chapter PSC 128.  The rules have been published in the Wisconsin Administrative Register.  The rules were expected to take effect March 1, 2011, but were suspended by the legislature’s Joint Committee for the Review of Administrative Rules from March 1, 2011 until March 15, 2012. 

As of March 16, 2012, the wind siting rules, PSC 128, are in effect.

Notices Filed with the Commission
Under the wind siting rules, an applicant requesting political subdivision approval for a wind energy system must at several stages of the application process file notices with a variety of parties, including the Commission.  The Commission will establish a docket each calendar year for notices it receives under the wind siting rules.  These dockets are listed below.

Local Wind Application Filing Requirements
Wisconsin Administrative Code § PSC 128.50(1) requires the Commission to establish detailed application filing requirements for wind energy system applications filed for political subdivision review. These local wind application filing requirements are available below and contain a detailed description of the information required to satisfy the filing requirements for applications under Wis. Administrative. Code § PSC 128.30(2). The Commission may revise these requirements as necessary, and any revisions will be posted here on the Commission’s website. 

Commission Protocols
Wis. Admin. Code § PSC 128.50(2) allows the Commission to create and revise protocols as needed to provide standards for evaluating compliance with the wind siting rules. The following protocols may be used for this purpose:

 

Additional Information

PSC Staff Contacts