wind turbine regulation in wisconsin n.
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Wind Turbine Regulation In Wisconsin
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  1. Wind Turbine Regulation In Wisconsin Pat Walsh UW-Madison/Extension Focus on Energy Program

  2. Layers of Governmental Control • Federal • State • Local

  3. Federal Regulation • Would mostly cover utility scale wind or wind farms (multiple units) • Environmental Concerns • Endangered Species Act • Bald and Golden Eagle Protection Act • Migratory Bird Act • Air Security and Safety Concerns • Federal Aviation Administration

  4. State Regulation • State policies support renewable energy, including wind • Public Service Commission (PSC)-Large scale projects, greater than 100 megawatts • Department of Natural Resources (DNR)- environmental concerns • Department of Transportation-aeronautics concerns

  5. Local Regulation • Sec 66.0401, Stats. – No local regulation unless the restriction: • a) serves to preserve or protect public safety • b) does not significantly increase the cost of the system or decrease its efficiency • c) allows for an alternative system of comparable cost and efficiency • Restriction on local prohibition upheld by WI Ct of Appeals in State ex rel Numrich v. City of Mequon (2001)

  6. Local Regulatory Options • Permitted Use or • Conditional Use • Model Ordinance • Utility scale • Small scale

  7. Possible Ordinance Coverage Areas • Setback • Ground clearance • Noise • Safety • Access • Lighting • Appearance • Code compliance

  8. Wind Power can be Controversial • Regulation must pass “reasonableness” test • More litigation anticipated