SB544-SSA1,4,2523 (c) A political subdivision shall base its decision on an application for approval
24on written findings of fact that are supported by the evidence in the record under par.
25(b).
SB544-SSA1,5,10
1(d) Except as provided in par. (e), a political subdivision shall approve or
2disapprove an application for approval no more than 90 days after the day on which
3it notifies the applicant that the application for approval is complete. If an applicant
4complies with the rules promulgated under sub. (7) (b) 1. and the information and
5documentation provided by the applicant is sufficient to establish, without
6considering any other information or documentation, that the application complies
7with applicable requirements for approval, the political subdivision shall approve
8the application unless the political subdivision finds, based on other clear and
9convincing information or documentation in the record, that the application does not
10comply with applicable requirements.
SB544-SSA1,5,1511 (e) A political subdivision may extend the time limit in par. (d) if the political
12subdivision needs additional information to determine whether to approve or deny
13the application for approval, if the applicant makes a material modification to the
14application for approval, or for other good cause specified in writing by the political
15subdivision.
SB544-SSA1,5,1816 (f) A political subdivision may not deny or impose a restriction on an application
17for approval unless the political subdivision enacts an ordinance that is no more
18restrictive than the rules the board promulgates under sub (7) (a).
SB544-SSA1,5,2119 (g) A political subdivision that chooses to regulate wind energy systems shall
20enact an ordinance, subject to sub. (6) (b), that is consistent with the applicable
21standards established by the board in rules promulgated under sub. (7) (a).
SB544-SSA1,5,2422 (h) A political subdivision may not place a restriction on the installation or use
23of a wind energy system that is more restrictive than the rules the board promulgates
24under sub (7) (a).
SB544-SSA1, s. 8 25Section 8. 66.0401 (5) of the statutes is created to read:
SB544-SSA1,6,5
166.0401 (5) Review of siting decisions. (a) In this subsection "aggrieved
2person" means a person who applied to a political subdivision for approval of a wind
3energy system, a person who lives within 2 miles of a wind energy system that is
4proposed to be sited, or a person who owns land within 2 miles of a wind energy
5system that is proposed to be sited.
SB544-SSA1,6,156 (b) An aggrieved person may challenge the decision of a political subdivision
7on an application for approval on the grounds that the political subdivision
8incorrectly applied the state standards under sub. (7) (a) that are applicable to the
9wind energy system siting by requesting the board to review the decision. An
10aggrieved person is not required to exhaust the political subdivision's administrative
11remedies before requesting review by the board. An aggrieved person shall request
12a review under this paragraph within 30 days after the political subdivision approves
13or disapproves the application for approval or, if the aggrieved person chooses to
14exhaust the political subdivision's administrative remedies, within 30 days after the
15final decision in the political subdivision's administrative review process.
SB544-SSA1,6,1916 (bm) Upon receiving a request under par. (b), the board shall notify the political
17subdivision of the request. The political subdivision shall provide a certified copy of
18the record under sub. (4) to the board within 30 days after the day on which it receives
19the notice.
SB544-SSA1,7,220 (c) Upon receiving the certified copy of the record under par. (bm), the board
21shall determine whether the challenge is valid. The board shall make its decision
22without deference to the decision of the political subdivision and shall base its
23decision only on the evidence in the record under sub. (4) (b). The board shall make
24its decision within 60 days after the day on which it receives the certified copy of the

1record under par. (bm), except that the board may extend this time limit for good
2cause specified in writing by the board.
SB544-SSA1,7,73 (d) If the board determines that a challenge is valid, the board shall reverse the
4decision of the political subdivision. The decision of the board is binding on the
5political subdivision, subject to par. (e). If a political subdivision fails to comply with
6a decision of the board that has not been appealed under par. (e), an aggrieved person
7may bring an action to enforce the decision.
SB544-SSA1,7,108 (e) An aggrieved person or the political subdivision may appeal the decision of
9the board to circuit court. The filing of an appeal does not in itself stay the effect of
10a decision of the board.
SB544-SSA1,7,1311 (f) A circuit court to which a decision of the board is appealed under par. (e) shall
12review the decision of the board based on the evidence in the record under sub. (4)
13(b).
SB544-SSA1, s. 9 14Section 9. 66.0401 (6) of the statutes is created to read:
SB544-SSA1,7,1715 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance
16enacted under sub. (2) applies only to the towns in the county that have not enacted
17an ordinance under sub. (2).
SB544-SSA1,7,2118 2. If a town enacts an ordinance under sub. (2) after a county has enacted an
19ordinance under sub. (2), the county ordinance does not apply, and may not be
20enforced, in the town, except that if the town later repeals its ordinance, the county
21ordinance applies in that town.
SB544-SSA1,7,2322 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only
23in the unincorporated parts of the county.
SB544-SSA1,8,224 2. If a town enacts an ordinance under sub. (4), either before or after a county
25enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances

1apply to the town, except that if the town later repeals its ordinance, the county
2ordinance applies in that town.
SB544-SSA1, s. 10 3Section 10. 66.0401 (7) of the statutes is created to read:
SB544-SSA1,8,144 66.0401 (7) Wind siting rules. (a) The board shall promulgate rules that
5specify the restrictions a political subdivision may impose on the installation or use
6of a wind energy system. The subject matter of these rules may include visual
7appearance, lighting, electrical connections to the power grid, setback distances,
8maximum audible sound levels, proper means of measuring noise, interference with
9radio, telephone, or television signals, decommissioning, or matters consistent with
10the conditions specified in sub. (1m) (a) to (c). The rules under this paragraph shall
11recognize the diversity of localities in this state and shall establish distinct
12standards for the siting of wind energy systems under distinct conditions related to
13factors such as topography, geography, geology, soils, meteorology, and biological
14resources.
SB544-SSA1,8,1615 (b) In addition to the rules under par. (a), the board shall promulgate rules that
16do all of the following:
SB544-SSA1,8,1917 1. Specify the information and documentation to be provided in an application
18for approval to demonstrate that a proposed wind energy system complies with rules
19promulgated under par. (a).
SB544-SSA1,8,2120 2. Specify the information and documentation to be included in a political
21subdivision's record of decision under sub. (4) (b).
SB544-SSA1,8,2322 3. Specify the procedure a political subdivision shall follow in reviewing an
23application for approval under sub. (4).
SB544-SSA1,8,2524 (c) The commission shall provide technical assistance to the board relating to
25its promulgation of the rules under pars. (a) and (b).
SB544-SSA1, s. 11
1Section 11. 165.25 (4) (aw) of the statutes is created to read:
SB544-SSA1,9,42 165.25 (4) (aw) The department of justice shall furnish legal services to the
3wind energy system siting review board in defending appeals under s. 66.0401 (5) (e)
4of decisions of the board.
SB544-SSA1, s. 12 5Section 12. Nonstatutory provisions.
SB544-SSA1,9,96 (1) Terms of initial board members. Notwithstanding the length of the terms
7specified for members of the wind energy system siting review board in section
815.795 (2) (b) of the statutes, as created by this act, the initial members shall be
9appointed for the following terms:
SB544-SSA1,9,1110 (a) The member appointed under section 15.795 (2) (b) 1. of the statutes, as
11created by this act, for a term expiring on May 1, 2011.
SB544-SSA1,9,1412 (b) The member appointed under section 15.795 (2) (b) 2. of the statutes, as
13created by this act, and one member appointed under section 15.795 (2) (b) 5. of the
14statutes, as created by this act, for terms expiring on May 1, 2012.
SB544-SSA1,9,1715 (c) The member appointed under section 15.795 (2) (b) 3. of the statutes, as
16created by this act, and one member appointed under section 15.795 (2) (b) 5. of the
17statutes, as created by this act, for terms expiring on May 1, 2013.
SB544-SSA1,9,2018 (d) The member appointed under section 15.795 (2) (b) 4. of the statutes, as
19created by this act, and one member appointed under section 15.795 (2) (b) 5. of the
20statutes, as created by this act, for terms expiring on May 1, 2014.
SB544-SSA1, s. 13 21Section 13. Initial applicability.
SB544-SSA1,9,2322 (1) The wind energy system siting review board review process for a political
23subdivision's decision under section 66.0401 (5) of the statutes first applies to a local

1decision that is issued after the wind energy system siting review board's rules under
2section 66.0401 (7) of the statutes take effect.
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