Chapter 79
WIND ENERGY SYSTEMS
Article I. Authorization, Purpose, and Definitions
Sec. 79-1. Statutory Authorization.
Sec. 79-2. Purpose.
Sec. 79-3. Rules of Construction and Definitions.
Sec. 79-4. Specific Words and Phrases.
Sec. 79-5. Non-Conforming Legal Structures.
Sec. 79-6. Penalties.
Sec. 79-7 -- Sec. 79-14. Reserved.
Article II. Applications For and Review of Wind Energy Systems
Sec. 79-15. Application Required.
Sec. 79-16. Notice Requirements.
Sec. 79-17. Information Required on Application.
Sec. 79-18. Application Completeness.
Sec. 79-19. Review of a Wind Energy System Application.
Sec. 79-20. Modifications to Approved Wind Energy Systems.
Sec. 79-21. Monitoring Compliance.
Sec. 79-22 -- 79-29. Reserved.
Article III. Standards For Wind Energy Systems
Sec. 79-30. Construction and Operation.
Sec. 79-31. Setback Distance and Height Requirements.
Sec. 79-32. Noise.
Sec. 79-33. Signal Interference.
Sec. 79-34. Flicker or Shadow Flicker.
Sec. 79-35. Stray Voltage.
Sec. 79-36. Reporting Hazardous Spills.
Sec. 79-37 -- 79-49. Reserved.
Article IV. Small Wind Energy Systems
Sec. 79-50. Exemptions from this Chapter for Small Wind Energy Systems.
Sec. 79-51. Modifications to this Chapter for Small Wind Energy Systems.
Sec. 79-52 -- 79-59. Reserved.
Article V. Miscellaneous Provisions
Sec. 79-60. Revocation or Suspension of Permits.
Sec. 79-61. Complaint Process.
Sec. 79-62. Decommissioning.
Sec. 79-63. Severability.
Sec. 79-64. Public Service Commission Review.
Sec. 79-65. Fees.
Sec. 79-66 -- Sec. 79-86. Reserved
Article VI. Moratorium
Sec. 79-87. Moratorium.
Sec. 79-88. Moratorium - 2008.
Sec. 79-89. Moratorium - 2009.
Sec. 79-90. Moratorium - 2010.
Sec. 79-91. Moratorium - March, 2010.
ARTICLE I.
AUTHORIZATION, PURPOSE, AND DEFINITIONS
Sec. 79-1. Statutory Authorization.
This Chapter is enacted pursuant to Wis. Stat. § 66.0401 and Wis. Admin. Code. §PSC 128 ("PSC 128").
Sec. 79-2. Purpose.
The purpose of this Chapter is to provide a regulatory scheme for the construction and operation of Wind Energy Systems in Calumet County, subject to reasonable restrictions that will preserve or protect the public health and safety and that do not significantly increase the cost of the Wind Energy Systems or significantly decrease their efficiency, while allowing for renewable energy sources to be present within Calumet County.
The intent of this Chapter is to only place restrictions, either directly or in effect, on the installation or use of Wind Energy Systems that are consistent with and are no more restrictive than those allowed pursuant to Wis. Stat. §66.0401 and PSC 128.
Sec. 79-3. Rules of Construction and Definitions.
(a)The definitions and rules of construction of this Chapter shall be as set forth in Sec. 1-2 of the Calumet County Code of Ordinances and as set forth in this Chapter unless such definitions or rules of construction are inconsistent with the manifest intent of the County Board or as required by the statutes and administrative code of the State of Wisconsin.
(b)Words used in the present tense include the future, the singular number includes the plural number and the plural number includes the singular number, the word "building" includes the word "structure," and any words not herein defined shall be presumed to be interpreted by their ordinary and customary dictionary definitions.
(c)All notice to the County called for herein shall be served upon the County Clerk with a copy to the Planning, Zoning and Land Information Office.
Sec. 79-4. Specific Words and Phrases.
Code Administrator.A member of the Calumet County Planning, Zoning and Land Information Office staff authorized by the County Board by enactment of this Chapter to perform the tasks designated herein.
Commercial Communications. Includes communications used by government and military entities for emergency purposes, licensed amateur radio service, and non-emergency communications used by agricultural, business, government, and military entities, including aviation radar, commercial mobile radio service, fixed wireless service, global positioning, line-of-sight, microwave, personal communications service, weather radar, and wireless internet service.
Commission. The Wisconsin Public Service Commission.
Committee. The Calumet County Planning, Zoning and Farmland Preservation Committee.
County. Calumet County, Wisconsin.
Decommissioning. Removal of all of the following:
(a)The above ground portion of a Wind Energy System, including wind turbines and related facilities, except for access roads if removal has been waived by the property owner.
(b)All below ground facilities, except the following:
(1)Underground collector circuit facilities; and
(2)Those portions of concrete structures 4 feet or more below grade.
DNR. The Wisconsin Department of Natural Resources.
FAA.The Federal Aviation Administration.
Maximum Blade Tip Height. The nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. If not listed in the wind turbine specifications, "maximum blade tip height" means the actual hub height plus the blade length.
MET Tower. A meteorological tower, including the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
Nameplate Capacity. The nominal generating capacity of a Wind Energy System, as listed in the wind turbine specifications provided by the wind turbine manufacturer.
Nonparticipating Property. Real property that is not a Participating Property.
Nonparticipating Residence. A residence located on a Nonparticipating Property.
Occupied Community Building. A school, church or similar place of worship, daycare facility, or public library.
Owner.
(a)A person with a direct ownership interest in a Wind Energy System, regardless of whether the person was involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the Wind Energy System.
(b)At the time a Wind Energy System is being developed, a person who is acting as a Wind Energy System developer by acquiring the necessary rights, permits, and approvals for or by planning for the construction and operation of a Wind Energy System, regardless of whether the person will own or operate the Wind Energy System.
Participating Property. Any of the following:
(a)A Wind Energy System Host Property.
(b)Real property that is the subject of an agreement that does all of the following:
(1)Provides for the payment of monetary compensation to the landowner from an Owner regardless of whether any part of a Wind Energy System is constructed on the property; and
(2)Specifies in writing any waiver of a requirement or right under this Chapter and that the landowner's acceptance of payment establishes the landowner's property as a Participating Property.
Participating Residence. A residence located on a Participating Property.
Person.An individual, corporation, limited liability company, partnership, or association.
Personal Communications. Includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.
Residence. An occupied primary or secondary personal residence, including a manufactured home as defined in Wis. Stat. §101.91(2), a hospital, community-based residential facility, residential care apartment complex or similar facility, or a nursing home. "Residence" includes a temporarily unoccupied primary or secondary personal residence. "Residence" does not include any of the following:
(a)A recreational vehicle as defined in Wis. Stat. §340.01(48r), notwithstanding the length of the
vehicle;
(b)A camping trailer as defined in Wis. Stat. §340.01(6m); or
(c)A permanently abandoned personal residence.
Shadow Flicker. A pattern of moving shadows cast on a Residence or an Occupied Community Building caused by sunlight shining through moving wind turbine blades resulting in alternating changes in light intensity.
Tower. The monopole, freestanding, or guyed structure that supports a wind turbine.
Wind Access Easement. A written document that creates a legal interest in real property that restricts the use of the property to avoid interference with the wind resource on another property.
Wind Energy Siting Permit.A construction and operating permit granted by the County in accordance with the provisions of this Chapter, Wis. Stats. § 66.0401, PSC 128, or any successor statutes or regulations.
Wind Energy System. Has the meaning given in Wis. Stat. §66.0403(1)(m) and is used to convert wind energy to electrical energy.
Wind Energy System Easement. A written document that creates a legal interest in real property that permits an Owner to place, construct, or operate a wind turbine or other Wind Energy System facility on the property.
Wind Energy System Emergency. A condition or situation at a Wind Energy System that presents a significant threat of physical danger to human life or a significant threat to property or a natural event that causes damage to Wind Energy System facilities.
Wind Energy System Facility. Any component of a Wind Energy System, such as a wind turbine, collector circuit, access road, electric system interconnection facility, or operation and maintenance facility.
Wind Energy System Host Property. Real property on which any portion of a Wind Energy System is located.
Wind Energy System Lease. A written agreement between a landowner and an Owner that establishes the terms and conditions associated with the placement, construction, or operation of a wind turbine or other Wind Energy System facility on a landowner's property.
Wind Energy System - Small:A Wind Energy System that has:
(a)a total nameplate capacity of 300 kilowatts or less; and
(b)consists of individual wind turbines that have an installed nameplate capacity of 100 kilowatts or less.
Sec. 79-5. Non-Conforming Legal Structures.
(a)Wind Energy Systems that were erected before the effective date of this Chapter and that are in continuous use shall be considered Non-Conforming Legal Structures and need not comply with the provisions contained herein.
(b)A Wind Energy System that does not generate energy for a continuous 360-day period shall lose its "Non-Conforming Legal Structure" status and must comply with the provisions of this Chapter before it recommences production of energy.
(c)No person shall alter or modify a pre-existing Non-Conforming Legal Structure without bringing the entire structure into compliance with this Chapter. This provision does not apply to routine maintenance and ordinary repairs that do not exceed 50% of the structure's value at the time of the maintenance or repair.
Sec. 79-6. Penalties.
Any violation of this Chapter, a permit issued under this Chapter, or a decommissioning plan required under this Chapter by any person may result in a forfeiture in an amount not less than $100 nor more than $1,000 for each violation, plus taxable costs of prosecution. Each day of continued violation is a separate offense.
Sec. 79-7 -- Sec. 79-14. Reserved.
ARTICLE II.
APPLICATIONS FOR AND REVIEW OF WIND ENERGY SYSTEMS
Sec. 79-15. Application Required.
Any person who wishes to erect a Wind Energy System must submit an application for a Wind Energy Siting Permit with the Code Administrator. A separate permit shall be secured for a MET Tower.
Sec. 79-16. Notice Requirements.
(a)At least 90 days before an owner files an application to construct a Wind Energy System, an Owner shall use commercially reasonable methods to provide notice of the System to all of the following:
(1)All landowners within 1 mile of a planned wind turbine host property;
(2)Any political subdivisions within which the System may be located;
(3)Emergency first responders and air ambulance service providers serving a political subdivision in which the System may be located;
(4)The Wisconsin Department of Transportation;
(5)The Commission;
(6)The DNR;
(7)The Wisconsin Department of Agriculture, Trade, and Consumer Protection; and
(8)The Office of the Deputy Undersecretary of the U.S. Department of Defense.
(b)The notice provided under (a) above shall, at a minimum, include the following:
(1)A complete description of the Wind Energy System, including the number and size of the planned wind turbines;
(2)A map showing the planned location of all Wind Energy System Facilities;
(3)Contact information for the Owner;
(4)A list of all potential permits or approvals the Owner anticipates may be necessary for construction of the Wind Energy System; and
(5)Whether the Owner is requesting a joint application review process under PSC 128.30(7) and the name of each political subdivision that may participate in the joint review process.
Sec. 79-17. Information Required on Application.
(a)All permit applications shall be made on forms provided by the Code Administrator and be accompanied by a non-refundable fee as set forth in Sec. 79-65.
(b)The application shall include:
(1)A description of the Wind Energy System and maps showing the locations of all proposed Wind Energy System Facilities;
(2)A technical description of wind turbines and wind turbine sites to be included as part of the Wind Energy System;
(3)A timeline and process for constructing the Wind Energy System;
(4)Information regarding the anticipated impact of the Wind Energy System on local infrastructure;
(5)Information regarding noise anticipated to be attributable to the Wind Energy System;
(6)Information regarding Shadow Flicker anticipated to be attributable to the Wind Energy System;
(7)Information regarding the anticipated effects of the Wind Energy System on existing land uses within 0.5 mile of the Wind Energy System;
(8)Information regarding the anticipated effects of the Wind Energy System on airports and airspace and demonstrating compliance with the requirements of Sec. 79-30(f), if applicable;
(9)Information regarding the anticipated effects of the Wind Energy System on line-of-sight communications, including but not limited to information showing that the Wind Energy System facilities will not be constructed within existing line-of-sight communication paths used by government or military entities to provide services essential to protect public safety, as required by Sec. 79-33(a)(3);
(10)A list of all state and federal permits required to construct and operate the Wind Energy System;
(11)Information regarding the planned use and modification of roads within the County during the construction, operation, and decommissioning of the Wind Energy System, including a process for assessing road damage caused by Wind Energy System activities and for conducting road repairs at the Owner's expense;
(12)A copy of all emergency plans developed in collaboration with appropriate first responders under Sec. 79-30(d)(2), which plans may be filed using confidential filing procedures as necessary; this subsection does not apply to Small Wind Energy Systems;
(13)A decommissioning and site restoration plan providing reasonable assurances that the Owner will be able to comply with Sec. 79-62; this subsection does not apply to Small Wind Energy Systems;
(14)A representative copy of all notices issued under Sec. 79-16(a), Sec. 79-17(e), and Sec. 79-61(c);
(15)A list of the names and addresses of those entities and persons to whom notice was provided pursuant to Sec. 79-16(a);
(16)Copies of any Wind Energy System Easements, Wind Access Easements, Wind Energy System Leases, or any waivers obtained under PSC 128.14(5) or 128.15(4), along with proof that any such easements have been properly recorded pursuant to Wis. Stat. Ch. 706; and
(17)Any other information necessary to understand the construction, operation, or decommissioning of the proposed Wind Energy System.
(c)Accuracy of Information. The Owner shall ensure that information contained in an application is accurate.
(d)Duplicate Copies. 12 hard copies of the application shall be filed. Each copy shall include all worksheets, maps, and other attachments included in the application. In addition, 1 electronic or digital copy of the application shall be filed.
(e)Notice to Property Owners and Residents.
(1)On the same day an Owner files an application for a Wind Energy System, the Owner shall, under Wis. Stat. §66.0401(4)(a)3, use commercially reasonable methods to provide written notice of the filing of the application to property owners and residents located within 1 mile of the proposed location of any Wind Energy System Facility. The notification shall include all of the following:
A.A complete description of the Wind Energy System, including the number and size of the wind turbines;
B.A map showing the locations of all proposed Wind Energy System Facilities;
C.The proposed timeline for construction and operation of the Wind Energy System;
D.Locations where the application is available for public review; and
E.Owner contact information.
(2)After the County receives an application for a Wind Energy System, the notice required to be published by the County under Wis. Stat. §66.0401(4)(a)1 shall include a brief description of the proposed Wind Energy System and its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments to the County, and the approximate schedule for review of the application by the County. If the application has been determined to be incomplete pursuant to Sec. 79-18, the notice shall state the reason for that determination.
(f)Public Participation. The County shall make an application for a Wind Energy System available for public review at a local library and at the offices of the Code Administrator or some other publicly-accessible location. This subsection does not apply to Small Wind Energy Systems.
Sec. 79-18. Application Completeness.
(a)Complete Applications.
(1)An application is complete if it meets the filing requirements under Sec. 79-17(b) and PSC 128.50(1).
(2)The Code Administrator 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 date the application is filed. An application is considered filed the date the Owner notifies the Code Administrator in writing that all the application materials have been filed. If the Code Administrator determines that the application is incomplete, the notice provided to the Owner shall state the reasons for the determination.
(3)An Owner may file a supplement to an application that the Code Administrator 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. (2).
(4)An additional 45-day completeness review period shall begin the day after the Code Administrator receives responses to all items identified in the notice under par. (2).