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Wind Siting Rules Suspended

March 1, 2011

This morning the Joint Committee for Review of Administrative Rules voted to suspend the Public Service Commission’s (PSC) wind siting rules. The PSC rule, finalized in December, would have taken effect today if the vote had failed. The next step is for the Committee to draft a bill supporting the suspension.

The PSC rules called for wind turbines to be set back at least 1,250 feet from nearby homes, and included specific limits on decibel levels for wind turbines as well as shadow flicker.

There are currently no state standards regulating noise from wind turbines, shadow flicker, and distance turbines can be from homes. However, it is not likely that Wisconsin will remain unregulated for long. 2009 Wisconsin Act 40 directs the PSC to promulgate a variety of rules that specify the conditions a political subdivision may impose on wind systems, and a measure has already been drafted that would require the PSC to develop new rules within six months.

In addition, Governor Walker proposed a wind siting bill as part of his package of special session legislation that would require wind turbines to be set back 1,800 feet from property lines, but it was not passed. The Governor hinted that a similar bill would be introduced in the regular session.

Additional information on Wisconsin's wind siting rules can be found on Hamilton Consulting's Regulatory Watch website.

This post was authored by Hamilton Consulting Group's intern, Emily Kelchen, a third year law student at the University of Wisconsin Law School.