PSC 128.02(1)(b) (b) This chapter does not apply to any of the following:

PSC 128.02(1)(b)1. 1. A wind energy system for which construction began before March 1, 2011.

PSC 128.02(1)(b)2. 2. A wind energy system placed in operation before March 1, 2011.

PSC 128.02(1)(b)3. 3. A wind energy system approved by a political subdivision before March 1, 2011.

PSC 128.02(1)(b)4. 4. A wind energy system proposed by an owner in an application filed with a political subdivision before the March 1, 2011.

PSC 128.02(1)(c) (c) Notwithstanding par. (b) 4., if an owner withdraws an application for a proposed wind energy system that is filed with a political subdivision before March 1, 2011, this chapter applies to the wind energy system if the owner re-files the application with the political subdivision on or after March 1, 2011.

PSC 128.02(3) (3) Commission applications. The commission shall consider whether the installation or use of a wind energy system is consistent with the standards specified in this chapter when reviewing an application under s. 196.491 (3) (d), Stats., filed on or after March 1, 2011.

PSC 128.02(4) (4) Individual consideration. Nothing in this chapter shall preclude the commission from giving individual consideration to exceptional or unusual situations and applying requirements to an individual wind energy system that may be lesser, greater, or different from those provided in this chapter.

PSC 128.02 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.03 PSC 128.03 Political subdivision authority. A political subdivision may not place any restriction, either directly or in effect, on the installation or use of a wind energy system except by adopting an ordinance that complies with this chapter and s. 66.0401, Stats., and is not more restrictive than this chapter.

PSC 128.03 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.04 PSC 128.04 Enforcement.

PSC 128.04(1) (1) Political subdivisions. A political subdivision shall be responsible for enforcing its wind energy system ordinance and permit provisions.

PSC 128.04(2) (2) Commission. The commission shall enforce its rules and orders under this chapter in the manner prescribed in s. 196.66, Stats., or by such other means as provided in the statutes or administrative code.

PSC 128.04 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

subch. II of ch. PSC 128 Subchapter II — Owner Requirements

PSC 128.10 PSC 128.10 Incorporating owner requirements into local ordinances.

PSC 128.10(1) (1) Ordinances with all the owner requirements. A political subdivision may enact an ordinance that incorporates all the owner requirements specified in this subchapter, but may not enact an ordinance whose requirements on the installation or use of a wind energy system are more restrictive than specified in this subchapter.

PSC 128.10(2) (2) Ordinances with less restrictive owner requirements. Except as provided in sub. (4), a political subdivision may enact an ordinance whose requirements on the installation or use of a wind energy system are less restrictive than specified in this subchapter.

PSC 128.10(3) (3) No ordinance. Except as provided in sub. (4), if a political subdivision does not enact an ordinance establishing requirements on the installation or use of a wind energy system, this subchapter does not apply within the political subdivision.

PSC 128.10(4) (4) Mandatory requirements.

PSC 128.10(4)(a) (a) Section PSC 128.105 applies to every owner of a wind energy system, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision’s ordinance or the lack of an ordinance.

PSC 128.10(4)(b) (b) Section PSC 128.13 (2) (a) applies to every political subdivision, regardless of the contents of its ordinance or the lack of an ordinance.

PSC 128.10(4)(c) (c) Section PSC 128.19 applies to every owner of a wind energy system of at least one megawatt, regardless of the political subdivision in which the wind energy system is located and regardless of the contents of a political subdivision’s ordinance or the lack of an ordinance.

PSC 128.10(5) (5) Small wind energy systems. For a small wind energy system, this subchapter applies as provided in ss. PSC 128.60 and 128.61.

PSC 128.10 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.105 PSC 128.105 Development of a wind energy system; notice requirements.

PSC 128.105(1) (1) Pre-application notice. 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 written notice of the planned wind energy system to all of the following:

PSC 128.105(1)(a) (a) Landowners within one mile of a planned wind turbine host property.