2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 3,
TO 2009 SENATE BILL 185
September 15, 2009 - Offered by Senator Schultz.
1An Act to renumber and amend
66.0401 (1); to amend
66.0401 (2) and 2
66.0403 (1) (m); and to create
15.137 (6), 23.39, 66.0401 (1e), 66.0401 (3), 3
66.0401 (4), 66.0401 (5), 66.0401 (6), 100.59 and 196.491 (3) (dg) of the statutes; 4relating to: regulation of wind energy systems and granting rule-making
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.137 (6) Wind siting council.
(a) In this subsection, "wind energy system" 8
has the meaning given in s. 66.0403 (1) (m).
(b) There is created in the department of agriculture, trade and consumer 10
protection a wind siting council that consists of the following members appointed by 11
the department for 3-year terms:
1. Two members representing wind energy system developers.
2. One member representing towns and one member representing counties.
3. Two members representing the energy industry.
4. Two members representing environmental groups.
5. Two members representing realtors.
6. Two members who are landowners living adjacent to or in the vicinity of a 7
wind energy system and who have not received compensation by or on behalf of 8
owners, operators, or developers of wind energy systems.
7. Two public members.
8. One member who is a University of Wisconsin System faculty member with 11
expertise regarding the health impacts of wind energy systems.
1323.39 Placement of wind turbines.
The department shall identify areas in 14
this state where wind turbines, if placed in those areas, may have a significant 15
adverse effect on bat and migratory bird populations. The department shall 16
maintain an Internet Web site that provides this information to the public and that 17
includes a map of the identified areas.
SB185-SSA3, s. 3
66.0401 (1) of the statutes is renumbered 66.0401 (1m), and 66.0401 19
(1m) (intro.), as renumbered, is amended to read:
66.0401 (1m) Authority to restrict systems limited.
(intro.) No county, city,
21town, or village political subdivision may place any restriction, either directly or in
22effect, on the installation or use of a wind energy system that is more restrictive than
23the rules promulgated by the department under s. 100.59 (2). No political
may place any restriction, either directly or in effect, on the installation 25
or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy
system, as defined in s. 66.0403 (1) (m),
unless the restriction satisfies one of the 2
66.0401 (1e) Definitions.
In this section:
(a) "Application for approval" means an application for approval of a wind 6
energy system under rules promulgated by the department under s. 100.59 (3) (a).
(b) "Department" means the department of agriculture, trade and consumer 8
(c) "Political subdivision" means a city, village, town, or county.
(d) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
66.0401 (2) Authority to require trimming of blocking vegetation. A county,
13city, village, or town Subject to sub. (6) (a), a political subdivision
may provide by 14enact an
ordinance for relating to
the trimming of vegetation that blocks solar 15
energy, as defined in s. 66.0403 (1) (k), from a collector surface, as defined under s. 16
700.41 (2) (b), or that blocks wind from a wind energy system, as defined in s. 66.0403
. The ordinance may include, but is not limited to,
a designation of 18
responsibility for the costs of the trimming. The ordinance may not require the 19
trimming of vegetation that was planted by the owner or occupant of the property on 20
which the vegetation is located before the installation of the solar or wind energy 21
66.0401 (3) Testing activities.
A political subdivision may not prohibit or 24
restrict any person from conducting testing activities to determine the suitability of 25
a site for the placement of a wind energy system. A political subdivision objecting
to such testing may petition the department to impose reasonable restrictions on the 2
66.0401 (4) Local procedure.
(a) 1. Subject to subd. 2., a political subdivision 5
that receives an application for approval shall determine whether it is complete and, 6
no later than 45 days after the application is filed, notify the applicant about the 7
determination. As soon as possible after receiving the application for approval, the 8
political subdivision shall publish a class 1 notice, under ch. 985, stating that an 9
application for approval has been filed with the political subdivision. If the political 10
subdivision determines that the application is incomplete, the notice shall state the 11
reason for the determination. An applicant may supplement and refile an 12
application that the political subdivision has determined to be incomplete. There is 13
no limit on the number of times that an applicant may refile an application for 14
approval. If the political subdivision fails to determine whether an application for 15
approval is complete within 45 days after the application is filed, the application 16
shall be considered to be complete.
2. If a political subdivision that receives an application for approval under 18
subd. 1. does not have in effect an ordinance described under par. (g), the 45-day time 19
period for determining whether an application is complete, as described in subd. 1., 20
does not begin until the first day of the 4th month beginning after the political 21
subdivision receives the application. A political subdivision may notify an applicant 22
at any time, after receipt of the application and before the first day of the 4th month 23
after its receipt, that it does not intend to enact an ordinance described under par. 24
3. On the same day that an applicant makes an application for approval under 2
subd. 1. for a wind energy system, the applicant shall mail or deliver written notice 3
of the application to the owners of land adjoining the site of the wind energy system.
4. A political subdivision may not consider an applicant's minor modification 5
to the application to constitute a new application for the purposes of this subsection.
(b) A political subdivision shall make a record of its decision making on an 7
application for approval, including a recording of any public hearing, copies of 8
documents submitted at any public hearing, and copies of any other documents 9
provided to the political subdivision in connection with the application for approval. 10
The political subdivision's record shall conform to the department's rules 11
promulgated under s. 100.59 (3) (b).
(c) A political subdivision shall base its decision on an application for approval 13
on written findings of fact that are supported by the evidence in the record under par. 14
(b). A political subdivision's procedure for reviewing the application for approval 15
shall conform to the department's rules promulgated under s. 100.59 (3) (c).
(d) Except as provided in par. (e), a political subdivision shall approve or 17
disapprove an application for approval no later than 90 days after the day on which 18
it notifies the applicant that the application for approval is complete. If a political 19
subdivision fails to act within the 90 days, or within any extended time period 20
established under par. (e), the application is considered approved.
(e) A political subdivision may extend the time period in par. (d) if, within that 22
90-day period, the political subdivision authorizes the extension in writing. Any 23
combination of the following extensions may be granted, except that the total amount 24
of time for all extensions granted under this paragraph may not exceed 90 days:
1. An extension of up to 45 days if the political subdivision needs additional 2
information to determine whether to approve or deny the application for approval.
2. An extension of up to 90 days if the applicant makes a material modification 4
to the application for approval.
3. An extension of up to 90 days for other good cause specified in writing by the 6
(f) 1. Except as provided in subd. 2., a political subdivision may not deny or 8
impose a restriction on an application for approval unless the political subdivision 9
enacts an ordinance that is no more restrictive than the rules the department 10
promulgates under s. 100.59 (2).
2. A political subdivision may deny an application for approval if the proposed 12
site of the wind energy system is in an area primarily designated for future 13
residential or commercial development, as shown in a map that is adopted, as part 14
of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009, or as 15
shown in such maps after December 31, 2015, as part of a comprehensive plan that 16
is updated as required under s. 66.1001 (2) (i). This subdivision applies to a wind 17
energy system that has a nominal capacity of at least one megawatt.
(g) A political subdivision that chooses to regulate wind energy systems shall 19
enact an ordinance, subject to sub. (6) (b), that is no more restrictive than the 20
applicable standards established by the department in rules promulgated under s. 21
66.0401 (5) Review by department of agriculture, trade and consumer
(a) A decision of a political subdivision to determine that an application 25
is incomplete under sub. (4) (a) 1., or to approve, disapprove, or impose a restriction
upon a wind energy system, or an action of a political subdivision to enforce a 2
restriction on a wind energy system, may be appealed only as provided in this 3
(b) 1. Any aggrieved person seeking to appeal a decision or enforcement action 5
specified in par. (a) may begin the political subdivision's administrative review 6
process. If the person is still aggrieved after the administrative review is completed, 7
the person may file an appeal with the department. No appeal to the department 8
under this subdivision may be filed later than 30 days after the political subdivision 9
has completed its administrative review process. For purposes of this subdivision, 10
if a political subdivision fails to complete its administrative review process within 90 11
days after an aggrieved person begins the review process, the political subdivision 12
is considered to have completed the process on the 90th day after the person began 13
2. Rather than beginning an administrative review under subd. 1., an 15
aggrieved person seeking to appeal a decision or enforcement action of a political 16
subdivision specified in par. (a) may file an appeal directly with the department. No 17
appeal to the department under this subdivision may be filed later than 30 days after 18
the decision or initiation of the enforcement action.