Register December 2012 No. 684
Chapter PSC 128
WIND ENERGY SYSTEMS
Subchapter I — General
PSC 128.01   Definitions.
PSC 128.02   Applicability.
PSC 128.03   Political subdivision authority.
PSC 128.04   Enforcement.
Subchapter II — Owner Requirements
PSC 128.10   Incorporating owner requirements into local ordinances.
PSC 128.105   Development of a wind energy system; notice requirements.
PSC 128.11   Real property provisions.
PSC 128.12   Existing property uses.
PSC 128.13   Siting criteria.
PSC 128.14   Noise criteria.
PSC 128.15   Shadow flicker.
PSC 128.16   Signal interference.
PSC 128.17   Stray voltage.
PSC 128.18   Construction and operation.
PSC 128.19   Decommissioning.
Subchapter III — Political Subdivision Procedure
PSC 128.30   Application and notice requirements.
PSC 128.31   Application completeness.
PSC 128.32   Political subdivision review of a wind energy system.
PSC 128.33   Political subdivision permitted provisions.
PSC 128.34   Record of decision.
PSC 128.35   Modifications to an approved wind energy system.
PSC 128.36   Monitoring compliance.
Subchapter IV — Complaints
PSC 128.40   Complaint process.
PSC 128.41   Monitoring committee.
PSC 128.42   Notice to property owners and residents.
Subchapter V — Commission Procedure
PSC 128.50   Standards established by the commission.
PSC 128.51   Commission review.
Subchapter VI — Small Wind Energy Systems
PSC 128.60   Exemptions from this chapter.
PSC 128.61   Modifications to this chapter.
subch. I of ch. PSC 128 Subchapter I — General
PSC 128.01 PSC 128.01 Definitions. In this chapter:
PSC 128.01(1) (1) "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.
PSC 128.01(2) (2) "Commission" means the public service commission.
PSC 128.01(4) (4) "Decommissioning" means removal of all of the following:
PSC 128.01(4)(a) (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.
PSC 128.01(4)(b) (b) All below ground facilities, except the following:
PSC 128.01(4)(b)1. 1. Underground collector circuit facilities.
PSC 128.01(4)(b)2. 2. Those portions of concrete structures 4 feet or more below grade.
PSC 128.01(5) (5) "DNR" means the Wisconsin department of natural resources.
PSC 128.01(6) (6) "Maximum blade tip height" means 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.
PSC 128.01(7) (7) "Nameplate capacity" means the nominal generating capacity of a wind energy system, as listed in the wind turbine specifications provided by the wind turbine manufacturer.
PSC 128.01(8) (8) "Nonparticipating property" means real property that is not a participating property.
PSC 128.01(9) (9) "Nonparticipating residence" means a residence located on nonparticipating property.
PSC 128.01(10) (10) "Occupied community building" means a school, church or similar place of worship, daycare facility or public library.
PSC 128.01(12) (12) "Owner" means:
PSC 128.01(12)(a) (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 a wind energy system.
PSC 128.01(12)(b) (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.
PSC 128.01(13) (13) "Participating property" means any of the following:
PSC 128.01(13)(a) (a) A turbine host property.
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