Creating a Renewable Energy Opportunity Plan for Southwest Wisconsin Legal Considerations

1. Creating a Renewable Energy Opportunity Plan for Southwest WisconsinLegal Considerations Michael Allen October 21st 2011

2. What I Will Cover • Affected parties and their interests • Legal issues relating to each party • Issues that generate controversy • Potential solutions

3. Affected Parties • Local government • Developers/utilities • Land owners hosting renewable energy facilities • Neighbors

4. Concerns of developers/utilities • Seeking proximity to renewable resource a. Wind b. Feedstock • Proximity to transportation resource a. Electric transmission lines b. Railroad/Barge/Highways • Required investment a. Land resources b. Improvements c. Cost of entitlements (permits, rezoning, etc.)

5. Concerns of host landowner • Maximizing the value of renewable energy resource on their land • Minimizing adverse impact on remaining land • Length and reliability of income

6. Concerns of neighboring landowners • Adverse impacts (Real and Perceived) a. aesthetics b. property value c. health d. noise e. safety • Equity considerations a. sharing the wealth b. sharing the adverse impacts

7. Concerns of local government • Enforcing local zoning and building regulations • Economic Development/Tax Base • Balancing preservation of reasonable future development with preserving opportunities for the existing land owners to make optimal use of their land

8. Local government control depends upon local legal infrastructure • Some towns have ordinances that address specific renewable energy facilities • in these towns, regulations occurs through a conditional use permit or rezoning. • Some towns have no zoning ordinances. • In these towns regulation occurs through a joint development agreement • Municipal regulation is still subject to State regulation(e.g., PSCW and requirements of wind sitingregulations*) • Municipal regulation is still subject to Federal regulation(FAA regulations, etc.) * Subject to outcome of administrative rules impasse.

9. Typical issues that are addressed by the local municipality • When will project begin? • Setbacks • Noise • Impact on local roads • Construction impact on wells • Removal after project term • Payments to municipality for mitigating adverse impact • Health and safety impacts • Complaint and dispute resolution

10. Issues that can generate controversy • Unequal sharing of payments between host landowners and neighboring landowners • Noise • Aesthetics • Property value • Perceived health effects a. shadow flicker b. wind turbine syndrome 6. Odor(for biomass/biofuel)

11. Potential solutions • Good neighbor payments • Buffer zones • Payments to local municipalities for local impacts (e.g. Road repairs and money to train local first responder personnel in new risks associated with tower rescue)

12. Success results when the interests of the affected parties are balanced equitably • If regulation is overly restrictive, landowners who oppose renewable energy facilities will benefit, but developers and host landowners will be harmed, and the municipality will miss out on economic development opportunities. • If regulation is too lax, costs that should be incurred by the host landowners or the developers may be borne by the entire community, including persons who receive little or no benefit from the development, and other harms, such as environmental degradation may occur.

13. Questions Michael Allen Phone: 608-837-0111 Fax: 808-837-0181 Address: 1500 W. Main St. Suite 300 Sun Prairie Wi 53590 Email: mallen@energylawwisconsin.com Website: www.energylawwisconsin.com