Register December 2012 No. 684
Chapter PSC 128
WIND ENERGY SYSTEMS
Subchapter I — General
Political subdivision authority.
Subchapter II — Owner Requirements
Incorporating owner requirements into local ordinances.
Development of a wind energy system; notice requirements.
Real property provisions.
Existing property uses.
Construction and operation.
Subchapter III — Political Subdivision Procedure
Application and notice requirements.
Political subdivision review of a wind energy system.
Political subdivision permitted provisions.
Record of decision.
Modifications to an approved wind energy system.
Subchapter IV — Complaints
Notice to property owners and residents.
Subchapter V — Commission Procedure
Standards established by the commission.
Subchapter VI — Small Wind Energy Systems
Exemptions from this chapter.
Modifications to this chapter.
In this chapter:
"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" means the public service commission.
"Decommissioning" means removal of all of the following:
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.
"DNR" means the Wisconsin department of natural resources.
"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.
"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.
"Nonparticipating property" means real property that is not a participating property.
"Nonparticipating residence" means a residence located on nonparticipating property.
"Occupied community building" means a school, church or similar place of worship, daycare facility or public library.
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.
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" means any of the following:
Real property that is the subject of an agreement that does all of the following:
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.