Green Lake County, WI Article V Nonbuilding Structures [1]

[1] Editor's Note: The title of this article was changed from "Signs" to "Nonbuilding Structures" 12-16-2008 by Ord. No. 942-08.

§ 350-43 Signs.

[Amended 12-15-2009 by Ord. No. 971-2009[1]]

The sign regulations in this section intend to promote well-maintained and attractive signage within the County; to provide for adequate business identification, advertising and communication; and to protect the safety and efficiency of the County's transportation system by reducing confusion or distractions to motorists.

A. All signs hereafter located, erected, moved, reconstructed, extended, enlarged, or structurally altered shall be in conformity with the provisions of this chapter and require a land use permit, unless specifically stated in this section. Changing the existing message board of a sign with cosmetic materials, such as but not limited to paint, paper or corrugated plastic, does not require a land use permit.

B. Signs within this section are as follows:

(1) Official traffic control or traffic information or traffic directional notice signs erected by federal, state or local units of government may be placed in accordance with the highway jurisdiction. No County permit is required.

(2) Signs that are generally temporary and less than three square feet and are similar but not limited to agricultural seed plots, real estate, contractor identification, and government agency information are not regulated by this Section. No County permit is required.

(3) An on-site sign advertising a customary home occupation or professional home office shall not exceed four square feet in gross area and shall have a minimum setback of 10 feet from the right-of-way line.

(4) On-site signs advertising business on premises.

(a) One on-site sign attached to a building structure advertising a business conducted or service available on the premises shall not exceed the height of the building structure it is attached to. Such sign shall not exceed 50 square feet in gross area.

[Amended 9-21-2021 by Ord. No. 30-2021]

(b) One on-site freestanding sign in addition to the building-mounted sign to advertise a business conducted or service available on the premises shall be allowed and shall not exceed 50 square feet in gross area and shall have a minimum setback of 10 feet from the right-of-way line.

[Amended 11-14-2017 by Ord. No. 22-2017]

(5) Other off-site signs not specifically referred to in this section shall not exceed 300 square feet in gross area. These signs are not allowed in R-1, R-2, R-3 and NRC Zoning Districts and shall meet the following standards:

[Amended 11-14-2017 by Ord. No. 22-2017]

(a) An off-site sign 50 square feet or less shall have a minimum setback of 10 feet from the right-of-way line.

(b) An off-site sign that is greater than 50 square feet and up to and including 300 square feet shall have a minimum setback from the right-of-way line as required by the zoning district in which the sign is located.

(6) A temporary sign, such as but not limited to rent-a-sign and message-type signs, indicating a special activity, placed on a temporary basis, erected on a trailer or otherwise readily movable means shall not exceed 32 square feet and shall have a minimum setback of 10 feet from the right-of-way line. Maximum length of time for sign placement is 60 days prior to the activity through 15 days after the activity.

C. A sign and all its structural components shall comply with the following setback standards:

(1) No sign allowed in this Section shall be so placed as to interfere with the visibility or effectiveness of any official traffic sign or signal placed by a governmental unit.

(2) The maximum setback for any sign in this Section shall be 300 feet from the right-of-way line.

(3) No sign shall be placed within the vision clearance triangle as provided in § 350-50B.

(4) All signs shall comply with all other setback standards of this Chapter related to side yard and rear yard based on the zoning district in which the sign is located.

(5) Setbacks shall be measured from the right-of-way line or property line to the closest part of the sign or a structural component of the sign.

D. The height of any freestanding sign not otherwise regulated in this Section shall not exceed 20 feet above the existing elevation at the site of the sign.

E. No sign shall resemble, imitate, or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.

F. No sign shall contain, include or be illuminated by flashing lights or be composed of animated or moving parts, or be a flashing electronic type sign. A lighted sign shall be shielded to prevent glare or illumination onto other premises or roadways.

[Amended 11-14-2017 by Ord. No. 22-2017]

G. No combination of sign face and sign enhancement area (border and trim) shall exceed the square footage requirement of this Section. Back-to-back sign faces of the same size on the same support structure shall be considered as one area for the purpose of this standard. The supporting structure is not counted in the area calculation.

H. No vehicle, farm implement, semi-trailer, building structure or any others similar thereto shall be used as a sign or as a backdrop for conveying information, unless specifically allowed in this Section.

I. Signs regulated in this Section shall be spaced at least 1,500 feet apart, except signs identified in § 350-431B(1) through (4). There shall be no more than two tiers of signs at the required spacing interval. For the purpose of this Section, a "tier" shall mean a zone parallel to the right-of-way line. Each sign shall create a tier at its location.

J. Sign regulations and standards in this Section may not be the only applicable restrictions. Other entities of jurisdiction may regulate existing and proposed signs.

K. Progressive or accumulative message-type signs shall be prohibited.

L. An existing nonconforming sign structure shall only be allowed to be refaced with a new message using cosmetic nonstructural material. No structural or material upgrades are allowed.

M. A sign and all its structural components shall comply with the following maintenance standards:

(1) An abandoned/obsolete sign that identifies, displays information about or otherwise relates to a purpose, event or business that has not existed or operated for 180 days, or is so old, dilapidated, or has become so out of repair as to be dangerous or unsafe, whichever comes first, shall be removed immediately.

(2) All signs, supports and accessories shall be maintained in good repair. Any sign shall be removed immediately if the sign does not have a fully readable message, is in disrepair or damaged and is left without repair for a minimum of 60 days.

N. In areas of shoreland jurisdiction, a sign shall meet the seventy-five-foot setback standard from the ordinary high-water mark of navigable waters.

[1] Editor's Note: This ordinance also repealed former §§ 350-44, Permit required; 350-45, Location of signs; 350-46, Types of signs, as amended; and 350-47, Prohibited characteristics of signs.

§ 350-44 Fences. [1]

[Added 3-19-2019 by Ord. No. 2-2019; amended 9-21-2021 by Ord. No. 30-2021]

Fences shall comply with the following:

A. All fences, no greater than eight feet in height, may be allowed along any lot line excluding the street right-of-way line and the side lot lines within the street-yard setback.

B. Open style fences (greater than 50% open space), no greater than four feet in height, may be allowed along the street right-of-way line and alongside lot lines within the street-yard setback.

C. Open style agricultural fences, no greater than eight feet in height, are allowed without a land use permit on lands zoned A-1, A-2 and R-4.[2]

[2] Editor's Note: Former § 350-43.2, Wind energy facilities, added 12-16-2008 by Ord. No. 942-08, which immediately followed this section, was repealed 12-15-2009 by Ord. No. 969-2009.

Former § 350-43.2, Solar panels, added 8-18-2020 by Ord. No. 9-2020, was repealed 2-11-2025 by Ord. No. 03-2025.

[1] Editor's Note: This section was renumbered from § 350-43.1 to § 350-44 by Ord. No. 03-2025, adopted 2-11-2025.

§ 350-45 Driveways and walkways. [1]

[Added 9-20-2022 by Ord. No. 17-2022]

Driveways and walkways shall comply with the following:

A. Driveways and walkways may be allowed within the side yard and street yard setbacks within the street yard.

B. Walkways no greater than 36 inches in width may be allowed within the side and rear yard setbacks.

[1] Editor's Note: This section was renumbered from § 350-43.3 to § 350-45 by Ord. No. 03-2025, adopted 2-11-2025.

§ 350-46 Mobile tower siting regulations. [1]

[Added 10-18-2016 by Ord. No. 23-2016]

The purpose of this section is to regulate by land use permit the siting and construction of any new mobile service support structure and facilities, Class 1 co-locations (the substantial modification of an existing support structure and mobile service facilities), and Class 2 co-locations (co-locations that do not require the substantial modification of an existing support structure and mobile service facilities).

A. Definitions: All definitions contained in § 66.0404(1) Wis. Stats. are hereby incorporated by reference.

B. Siting and construction of any new mobile service support structure and facilities and Class 1 co-locations (substantial modifications to existing support structure and mobile support facilities)

(1) The siting and construction of any new mobile service support structure and facilities as well as for Class 1 co-locations (substantial modifications to existing support structure and mobile support facilities) are conditional uses in the areas subject to the provisions of this section (See Article VII, Conditional Use Permits). A land use permit is also required.

(2) A land use permit application must be completed by any applicant and submitted to the Land Use Planning and Zoning Department. The application must contain the following information:

(a) The name and business address of, and the contact individual for, the applicant.

(b) The location of the proposed or affected support structure.

(c) The location of the proposed mobile service facility.

(d) If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

(e) If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

(f) If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

(3) The Land Use Planning and Zoning Department will provide a permit application to any applicant, upon request.

(4) If an applicant submits an application for a land use permit to engage in an activity described in this section, which contains all of the information required under this section, the Land Use Planning and Zoning Department shall consider the application complete. If the Land Use Planning and Zoning Department does not believe that the application is complete, the Land Use Planning and Zoning Department shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(5) Within 90 days of its receipt of a complete application, the Land Use Planning and Zoning Department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Land Use Planning and Zoning Department may agree in writing to an extension of the ninety-day period:

(a) Review the application to determine whether it complies with all applicable ordinance standards.

(b) Make a final decision whether to approve or disapprove the application.

(c) Notify the applicant, in writing, of its final decision.

(d) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(6) The Land Use Planning and Zoning Department may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection B(2)(f).

(7) As required for all commercial structures (§ 350-20B), a setback 1.1 times the total height of the new mobile service support structure or any substantial modification (Class 1 co-location) shall be required.

(8) If an applicant provides the Land Use Planning and Zoning Department with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in this section, that Zoning Ordinance standards do not apply to such a structure unless the Land Use Planning and Zoning Department provides the applicant with substantial evidence that the engineering certification is flawed.

(9) The fee for the land use permit is $3,000.

C. Class 2 co-locations.

(1) A land use permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the areas subject to this chapter, but still requires the issuance of a land use permit.

(2) A land use permit application must be completed by any applicant and submitted to the Land Use Planning and Zoning Department. The application must contain the following information:

(a) The name and business address of, and the contact individual for, the applicant.

(b) The location of the proposed or affected support structure.

(c) The location of the proposed mobile service facility.

(3) The Land Use Planning and Zoning Department will provide a land use permit application to any applicant upon request.

(4) A Class 2 co-location is subject to the same requirements for the issuance of a land use permit to which any other type of commercial development or land use development is subject.

(5) If an applicant submits a land use permit application to the Land Use Planning and Zoning Department for a permit to engage in an activity described in this section, which contains all of the information required under this section, the Land Use Planning and Zoning Department shall consider the application complete. If any of the required information is not in the application, the Land Use Planning and Zoning Department shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(6) Within 45 days of its receipt of a complete application, the Land Use Planning and Zoning Department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Land Use Planning and Zoning Department may agree in writing to an extension of the forty-five-day period:

(a) Make a final decision whether to approve or disapprove the application.

(b) Notify the applicant, in writing, of its final decision.

(c) If the application is approved, issue the applicant the relevant permit.

(d) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(7) The fee for the permit is $500.

[1] Editor's Note: This section was renumbered from § 350-44 to § 350-46 by Ord. No. 03-2025, adopted 2-11-2025.

§ 350-47 Solar and wind energy systems.

[Added 2-11-2025 by Ord. No. 03-2025]

A. Wind energy systems.

(1) Purpose statement. The purpose of this section is to incorporate and adopt the requirements of § 66.0401, Wis. Stats., and Wis. Admin. Code Ch. PSC 128 as a local ordinance and to establish local regulations on the installation and use of wind energy systems that are authorized by, compliant with, and no more restrictive than the rules promulgated by the Wisconsin Public Service Commission and that serve to preserve or protect the public health or safety, do not significantly increase the cost of the system or significantly decrease its efficiency, or allow for an alternative system of comparable cost and efficiency.

(2) Land use permit.

(a) Wind energy systems shall require a land use permit prior to installing, constructing, or modifying the wind energy system.

[1] Land use permits for wind energy systems shall be valid until 90 days after the system commences operation.

[2] Land use permits for wind energy systems shall expire if construction of the wind energy system is not commenced within 24 months of the date of permit issuance.

(b) A land use permit may not be issued to install, construct, or modify a wind energy system in a township under county zoning unless the system is included in a department approved wind energy system application.

(3) Pre-application. A pre-application notice must be filed at least 90 days before an owner files an application to construct a large wind energy system. For applications to construct a wind turbine with a maximum blade tip height exceeding 600 feet the owner shall provide written notice of the wind energy system to the Wisconsin Public Service Commission at least 180 days before the owner files the application.

(a) The owner shall use commercially reasonable methods to provide written notice of the planned large wind energy system to the following:

[1] Landowners within one mile of a planned wind turbine host property.

[2] The department and any towns, villages, or cities within which the wind energy system may be located.

[3] Emergency first responders and air ambulance service providers serving a political subdivision within which the wind energy system may be located.

[4] The Wisconsin Department of Transportation.

[5] The Wisconsin Public Service Commission.

[6] The Wisconsin Department of Natural Resources.

[7] The Wisconsin Department of Agriculture, Trade and Consumer Protection.

[8] The Office of the Deputy Under Secretary of the U.S. Department of Defense.

(b) A pre-application notice shall be filed at least 60 days before an owner files an application to construct a small wind energy system and the notice shall be provided only to adjacent landowners and the department.

(c) Pre-application notices for wind energy systems shall include the following:

[1] A complete description of the wind energy system including the number and size of the planned wind turbines.

[2] A map showing the planned location of all the wind energy system facilities.

[3] Contact information for the owner.

[4] A list of all potential permits or approvals the owner anticipates may be necessary for the construction of the wind energy system.

[5] Whether the owner is requesting a joint application review process and the name of each political subdivision that may participate in the joint review process.

(4) Real property provisions.

(a) Easement recording required.

[1] A wind energy system easement or wind access easement shall be recorded under Ch. 706, Wis. Stats. A wind energy system easement or wind access easement shall include the term of the easement and a full legal description of the property subject to the easement.

(b) Wind lease and waiver provisions.

[1] A wind energy system lease and any waiver of noise or shadow flicker requirements shall hold harmless and indemnify the real property owner for all of the following:

[a] Any violation of federal, state or local law by the owner of the wind energy system.

[b] Any damages or bodily injury caused by the construction, operation or decommissioning of the wind energy system.

(5) Existing property uses.

(a) Land use and commercial enterprises.

[1] An owner shall make reasonable efforts to ascertain and accommodate any land use or commercial enterprise located on a nonparticipating property within 0.5 mile of a proposed wind turbine site if the land use or commercial enterprise exists when the owner gives their pre-application notice, or if complete publicly available plans for construction are on file with a political subdivision within 30 days of the date the owner gives their pre-application notice.

[a] For small wind energy systems, only adjacent non-participating properties are required to be accommodated.

(b) Agricultural use.

[1] An owner shall design a wind energy system to reasonably minimize the conversion of land from agricultural use.

(6) Siting criteria.

(a) Setback distance and height requirements.

[1] An owner shall design and construct a large wind energy system using the wind turbine setback distances shown in Table 1.

Table 1
Setback Description	Setback Distance
Occupied community buildings	The lesser of 1.250 feet or 3.1 times the maximum blade tip height
Participating residences	1.1 times the maximum blade tip height
Nonparticipating residences	The lesser of 1,250 feet or 3.1 times the maximum blade tip height
Participating property lines	None
Nonparticipating property lines	1.1 times the maximum blade tip height
Public road right-of-way	1.1 times the maximum blade tip height
Overhead communication and electric transmission or distribution lines — not including utility service lines to individual houses or out-buildings	1.1 times the maximum blade up height
Overhead utility service lines — lines to individual houses or outbuildings	None

[2] An owner shall design and construct a small wind energy system using the wind turbine setback distances shown in Table 2.

Table 2
Setback Description	Setback Distance
Occupied community buildings	1.0 times the maximum blade tip height
Participating residences	None
Nonparticipating residences	1.0 times the maximum blade tip height
Participating property lines	None
Nonparticipating property lines	1.0 times the maximum blade tip height
Public road right-of-way	None
Overhead communication and electric transmission or distribution lines — not including utility service lines to individual houses or outbuildings	1.0 times the maximum blade tip height
Overhead utility service lines — lines to individual houses or outbuildings	None

[3] An owner shall measure wind turbine setback distances as a straight line from the vertical centerline of the wind turbine tower to the nearest point on the permanent foundation of a building or residence or to the nearest point on the property line or feature, as applicable.

[4] An owner shall work with the department and owners of participating and nonparticipating properties to site wind turbines to minimize individual hardships.

[5] The owner of a nonparticipating residence or occupied community building may waive the applicable large wind energy system wind turbine setback distances in Table 1 for those structures to a minimum setback distance of 1.1 times the maximum blade tip height. The owner of a nonparticipating property may waive the applicable wind turbine setback distance in Tables 1 from a nonparticipating property line.

[6] The owner of an adjacent nonparticipating residence or adjacent occupied community building may waive the applicable small wind energy system turbine setback distances in Table 2.

(7) Noise.

(a) Planning.

[1] The noise limits in this section apply at the outside wall of a nonparticipating residence or occupied community building that exists when the owner gives their pre-application notice, or for which complete publicly available plans for construction are on file with the department within 30 days of the date on which the owner gives their pre-application notice.

[2] An owner shall design the proposed wind energy system to minimize noise at a residence or occupied community building to the extent reasonably practicable.

[3] An owner shall design a wind energy system to comply with the noise limits of this chapter under planned operating conditions.

(b) Noise limits.

[1] Except as provided in Wis. Adm. Code §§ PSC 128.14(4)(b), PSC 128.14(4)(c), and PSC 128.14(5), an owner shall operate the wind energy system so that the noise attributable to the wind energy system does not exceed 50 dBA during daytime hours and 45 dBA during nighttime hours.

[2] In the event audible noise due to wind energy system operations contains a steady pure tone, such as a whine, whistle, screech, or hum, the owner shall promptly take corrective action to permanently eliminate the noise. This paragraph does not apply to sound the wind energy system produces under normal operating conditions.

(c) Compliance.

[1] If an owner uses sound level measurements to evaluate compliance with this section at a nonparticipating residence or occupied community building, those measurements shall be made as near as possible to the outside wall nearest to the closest wind turbine, or at an alternate wall as specified by the owner of the nonparticipating residence or occupied community building. The owner may take additional measurements to evaluate compliance in addition to those specified by this section.

[2] Upon receipt of a complaint regarding a violation of the noise limits of this section, an owner shall test for compliance with the noise limits of this section. The Department or a monitoring committee established by the Department under this section may not require additional testing to show compliance with the noise limits of this section if the owner has provided the results of an accurate test conducted within two years of the date of the complaint showing that the wind energy system is in compliance with the noise limits of this chapter at the location relating to the complaint.

[3] Methods available for the owner to comply shall include operational curtailment of one or more wind turbines. Upon receipt of a complaint about a noise under Wis. Adm. Code § PSC 128.14(3)(b), the owner shall use operational curtailment to eliminate the noise until the owner permanently corrects the problem.

[4] An owner shall evaluate compliance with the noise limits of this section as part of pre- and post-construction noise studies. An owner shall conduct pre- and post-construction noise studies under the most current version of the noise measurement protocol as described in Wis. Adm. Code § PSC 128.50(2).

[a] Small wind energy systems are exempt from the pre- and post-construction noise study requirement.

(d) Waiver. Upon request by an owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the owner of the wind energy system of the requirement to meet any of the noise limits of this section at the affected residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property, runs with the land until the wind energy system is decommissioned, and shall be recorded under Ch. 706, Wis. Stats.

(e) Notification.

[1] Before entering into a contract to waive the noise limits of this section, an owner of a wind energy system shall provide written notice of the requirements of Wis. Adm. Code § PSC 128.14 to the owner of an affected nonparticipating residence or occupied community building.

[2] Before the initial operation of the wind energy system, an owner of a wind energy system shall provide notice of the requirements of Wis. Adm. Code § PSC 128.14 to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a contract to waive the noise limits of this section.

[a] Small wind energy systems shall only be required to provide notice to each adjacent nonparticipating residence or occupied community building.

(8) Shadow flicker.

(a) Planning.

[1] The shadow flicker requirements in this section apply to a nonparticipating residence or occupied community building that exists when the owner gives their pre-application notice, or for which complete publicly available plans for construction are on file with the department within 30 days of the date on which the owner gives their pre-application notice.

[2] An owner shall design the proposed wind energy system to minimize shadow flicker at a residence or occupied community building to the extent reasonably practicable.

[3] An owner shall use shadow flicker computer modeling to estimate the amount of shadow flicker anticipated to be caused by a wind energy system and shall design the wind energy system so that computer modeling indicates that no nonparticipating residence or occupied community building will experience more than 30 hours per year of shadow flicker under planned operating conditions.

[a] Small wind energy systems are not required to utilize any computer modeling of shadow flicker.

(b) Shadow flicker limits.

[1] An owner shall operate the wind energy system in a manner that does not cause more than 30 hours per year of shadow flicker at a nonparticipating residence or occupied community building. If a nonparticipating residence or occupied community building experiences more than 30 hours per year of shadow flicker under the wind energy system's normal operating conditions, the owner shall use operational curtailment to comply with the shadow flicker requirements of this chapter.

(c) Shadow flicker mitigation.

[1] An owner of a wind energy system shall work with an owner of a nonparticipating residence or occupied community building to mitigate the effects of shadow flicker to the extent reasonably practicable.

[2] An owner shall provide reasonable shadow flicker mitigation at the owner's expense for a nonparticipating residence or occupied community building experiencing 20 hours or more per year of shadow flicker.

[3] An owner shall model shadow flicker, and a nonparticipating residence or occupied community building is eligible for mitigation if computer modeling shows that shadow flicker at the nonparticipating residence or occupied community building will be 20 hours or more per year. An owner of a nonparticipating residence or occupied community building is not required to document the actual hours per year of shadow flicker if modeling indicates the nonparticipating residence or occupied community building is eligible for mitigation. A nonparticipating residence or occupied community building that experiences 20 hours or more per year of shadow flicker based on records kept by the resident of a nonparticipating residence or the occupant of an occupied community building shall also be eligible for mitigation.

[4] An owner may provide shadow flicker mitigation for any residence or occupied community building in addition to the mitigation required under Wis. Adm. Code § PSC 128.15(3)(b).

[5] The requirement under Wis. Adm. Code § PSC 128.15(3)(b) to mitigate shadow flicker applies when the owner receives a complaint or request for mitigation regarding shadow flicker for an eligible nonparticipating residence or occupied community building. If shadow flicker mitigation is required, the owner of the wind energy system shall allow the owner of the nonparticipating residence or occupied community building to choose a preferred reasonable mitigation technique, including installation of blinds or plantings at the wind energy system owner's expense.

[6] Small wind energy systems are exempt from the requirements to provide shadow flicker mitigation to a non-participating residence or occupied community building.

(d) Waiver. Upon request by an owner of a wind energy system, an owner of an affected nonparticipating residence or occupied community building may relieve the wind energy system owner of a requirement under Wis. Adm. Code § PSC 128.15(2) or PSC 128.15(3)(b) at the affected nonparticipating residence or occupied community building by written contract with the wind energy system owner. Unless otherwise provided in a contract signed by an owner of an affected nonparticipating residence or occupied community building, a waiver by an owner of an affected nonparticipating residence or occupied community building is an encumbrance on the real property and runs with the land until the wind energy system is decommissioned, and shall be recorded under Ch. 706, Wis. Stats.

(e) Notification.

[1] Before entering into a contract to waive shadow flicker limits, a wind energy system owner shall provide notice of the requirements of Wis. Adm. Code § PSC 128.15 to individual owners of an affected nonparticipating residence or occupied community building.

[2] Before the initial operation of the wind energy system, a wind energy system owner shall provide notice of the requirements of Wis. Adm. Code § PSC 128.15 to an owner of a nonparticipating residence or occupied community building within 0.5 mile of a constructed wind turbine that has not entered into a contract to waive shadow flicker limits.

[3] Small wind energy systems are exempt from shadow flicker notification requirements.

(9) Signal interference.

(a) Planning.

[1] Except as provided in § 350-47A(9)(d), the signal interference requirements in this section apply to commercial communications and personal communications in use when the wind energy system begins operation.

[2] An owner shall use reasonable efforts to avoid causing interference with commercial communications and personal communications to the extent practicable.

[3] An owner may not construct wind energy system facilities within existing line-of-sight communication paths that are used by government or military entities to provide services essential to protect public safety. An owner must provide information showing that wind turbines and other wind energy system facilities will be in compliance with this requirement.

(b) Commercial communications interference mitigation.

[1] An owner shall use reasonable and commercially available technology to mitigate interference caused by a wind energy system with commercial communications in use when a wind energy system begins operation. Before implementing mitigation measures, the owner shall consult with affected parties regarding the preferred mitigation solution for commercial communications interference problems. Except as provided in § 350-47A(9)(d), an owner shall mitigate commercial communications interference caused by the wind energy system by making the affected party's preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.

[2] Small wind energy systems are exempt from the requirement to provide commercial communication interference mitigation.

(c) Personal communications interference mitigation.

[1] An owner shall use reasonable and commercially available technology to mitigate interference with personal communications in use when a wind energy system begins operation caused by a wind energy system. An owner must use reasonable and commercially available technology to mitigate interference with personal communications that were not in use when the wind energy system began commercial operation, if a wind energy system is causing the interference and the interference occurs at a location at least 0.5 mile from a wind turbine.

[2] Before implementing mitigation measures, the owner shall consult with affected parties regarding the preferred mitigation solution for personal communications interference problems. Except as provided in § 350-47A(9)(d), an owner shall mitigate personal communications interference caused by the wind energy system by making the affected party's preferred reasonable mitigation solution effective until either the wind energy system is decommissioned or the communication is no longer in use, whichever is earlier.

[3] Small wind energy systems are exempt from the requirement to provide personal communication interference mitigation.

(d) Mitigation protocol.

[1] An owner shall implement a new technology solution that becomes commercially available before the wind energy system is decommissioned to address interference for which mitigation is required under this chapter and for which the original mitigation solution is only partially effective.

[a] This process shall follow protocols established under Wis. Adm. Code § PSC 128.50(2)

[b] Small wind energy systems are exempt from this new technology requirement.

(10) Stray voltage.

(a) Testing required.

[1] An owner shall work with the local electric distribution company to test for stray voltage at all dairy and confined animal operations within 0.5 mile of a wind energy system facility pursuant to the stray voltage protocol established by the commission before any wind energy system construction activity that may interfere with testing commences and again after construction of the wind energy system is completed, except as otherwise specified by commission staff under Wis. Adm. Code § PSC 128.17(1)(b).

[2] Before any testing under Wis. Adm. Code § PSC 128.17(1)(a) begins, an owner shall work with commission staff to determine the manner in which stray voltage testing will be conducted and on which properties. The electric distribution company serving a dairy or confined animal operation where testing is required under Wis. Adm. Code § PSC 128.17(1)(a) shall conduct or arrange to conduct all required testing at the expense of the owner.

(b) Results of testing. An owner and the electric distribution company shall provide to commission staff the results of all stray voltage testing in writing.

(c) Requirements to rectify problems. An owner shall work with the electric distribution company and farm owner to rectify any stray voltage problems attributable to the construction and operation of the wind energy system, in compliance with the commission's stray voltage protocol.

(11) Construction and operation.

(a) Physical characteristics.

[1] An owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a wind turbine. An owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a wind turbine. An owner may attach a safety feature or wind monitoring device to a wind turbine.

[2] An owner shall ensure that a wind turbine has a conventional or unobtrusive finish.

[3] An owner shall install lighting at a wind energy system that complies with standards established by the Federal Aviation Administration. An owner must use applicable shielding or control systems approved by the Federal Aviation Administration to reduce visibility of lighting to individuals on the ground.

[4] An owner shall take appropriate measures to ensure that a wind turbine is not readily climbable except by authorized personnel.

[5] An owner shall ensure that all wind turbine access doors and electrical equipment are locked when authorized personnel are not present.

[6] An owner shall place appropriate warning signage on or at the base of each wind turbine.

[7] An owner shall post and maintain up-to-date signs containing a twenty-four-hour emergency contact telephone number, information identifying the owner, and sufficient information to identify the location of the sign within the wind energy system. An owner shall post these signs at every intersection of a wind energy system access road with a public road and at each wind turbine location.

[a] Small wind energy systems are exempt from this signage requirement.

[8] An owner shall clearly mark guy wires and supports for a wind energy system, meteorological tower or other device for measuring wind speeds so that the wires and supports are visible to low flying aircraft under fair weather conditions.

(b) Electrical standards.

[1] An owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the national electrical safety code and Wis. Adm. Code Ch. PSC 114 and shall construct, maintain, and operate all wind energy system facilities in a manner that complies with the National Electrical Code.

[2] An owner shall construct collector circuit facilities for a wind energy system underground to the extent practicable.

[a] Small wind energy systems are not required to construct collector circuit facilities underground.

[3] An owner shall establish an inspection schedule for all overhead collector circuits to ensure that third-party facilities, including cable television and telecommunications cables, are not attached or bonded to overhead collector circuit grounding. If third-party facilities are found attached to the overhead collector facilities, the owner shall ensure that the third-party facilities are promptly removed.

[a] Small wind energy systems are exempt from the requirement to inspect for and remove third party facilities.

(c) Construction, operation, and maintenance standards.

[1] An owner shall construct, operate, repair, maintain and replace wind energy system facilities as needed to keep the wind energy system in good repair and operating condition and in a manner that protects individuals from injury.

[2] An owner shall utilize all applicable best practices in the placement, construction, operation, and maintenance of its wind energy facilities in order to minimize soil compaction, protect the topsoil, prevent topsoil mixing, and avoid and repair any damage to drainage systems on agricultural land.

[a] Small wind energy systems are exempt from this requirement.

[3] An owner shall describe the applicable best practices that it intends to use in the placement, construction, operation, and maintenance of its wind energy facilities in its application.

[a] Small wind energy systems are exempt from this requirement.

[4] Except for the area physically occupied by the wind energy system facilities, an owner shall restore the topography, soils and vegetation of the project area to original condition after construction is complete, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

[a] Small wind energy systems are exempt from this requirement.

[5] An owner shall carry general liability insurance relating to claims for property damage or bodily injury arising from the construction, operation or decommissioning of the wind energy system and shall include turbine host property owners as additional insured persons on the policy.

[a] Small wind energy systems are exempt from this requirement.

(d) Emergency procedure.

[1] An owner shall notify the Department of the occurrence and nature of a wind energy system emergency within 24 hours of the wind energy system emergency.

[2] An owner shall establish and maintain a liaison with each political subdivision within which its wind energy systems facilities are located and with fire, police, and other appropriate first responders serving the wind energy system to create emergency plans that include all of the following:

[a] A list of the types of wind energy system emergencies that require notification to the department within 24 hours of the wind energy system emergency.

[b] Current emergency contact information for first responders and for the wind energy system owner, including names and phone numbers.

[c] Procedures for handling different types of wind energy system emergencies, including written procedures that provide for shutting down the wind energy system or a portion of the system as appropriate.

[d] Duties and responsibilities of the owner and of first responders in the event of a wind energy system emergency.

[e] An emergency evacuation plan for the area within 0.5 mile of any wind energy system facility, including the location of alternate landing zones for emergency services aircraft.

[3] The owner shall review the emergency plan at least annually in collaboration with fire, police and other appropriate first responders to update and improve the emergency plan as needed.

[4] The owner shall distribute current and revised copies of the emergency plan to the following:

[a] The Department.

[b] Green Lake County Sheriff's office.

[c] Green Lake County Emergency Management Department.

[d] Clerk for any town, city or village within which its wind energy systems facilities are located or that are within 1/2 mile of any of its wind energy systems facilities.

[e] Any fire, police, or other first responder identified by the county's emergency management director or the clerk of any city, village, or town who has received a copy of the owner's emergency plans.

[5] An owner shall provide annual training for the County's Emergency Management Department, Sheriff's Department, and any other fire, police, or other first responder identified in the owner's emergency plans. An owner shall provide at least eight hours of training during each calendar year and is responsible for all direct training costs.

[6] An owner of a wind energy system shall do all of the following:

[a] Furnish its operator, supervisors and employees who are responsible for emergency action a copy of the current edition of the emergency procedures established under this section to ensure compliance with those procedures.

[b] Train the appropriate operating personnel to ensure they have knowledge of the emergency procedures and verify that the training is effective.

[7] If an owner is required to implement its emergency plans as the result of a wind energy system emergency, it shall conduct a review of employee activities to determine whether the procedures were effectively followed. The owner shall provide the County's Emergency Management Director with a copy of its review. If the review results in any changes to its emergency plans, the owner shall distribute the revised emergency plans.

[8] Small wind energy systems are exempt from the following emergency procedure requirements:

[a] An owner of a small wind energy system is not required to establish and maintain a liaison within political subdivisions and with fire, police, and other appropriate first responders serving the wind energy system.

[b] The owner of a small wind energy system is not required to create emergency plans.

[c] An owner of a small wind energy system is not required to review emergency plans.

[d] The owner of a small wind energy system is not required to distribute copies of an emergency plan to the department, fire, police, and other first responders.

[e] The owner of a small wind energy system is not required to provide annual training for fire, police, or first responders.

[f] An owner of a small wind energy system is not required to create, distribute, review or train on any emergency procedures.

(12) Decommissioning.

(a) Requirement to decommission.

[1] An owner of a wind energy system shall decommission and remove the wind energy system when the system is at the end of its useful life.

[2] A large wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 360-day period.

[3] Upon application by the owner, and except when the department finds the owner is not capable of returning the wind energy system to service with a reasonable time, the department shall grant an extension of the time period for returning the large wind energy system to service by one or more additional 180-day periods if the owner demonstrates it is likely the large wind energy system will operate again in the future and any of the following occur:

[a] The owner submits a plan to the department that demonstrates an ongoing good faith effort to return the large wind energy system to service and outlines the steps and schedule for returning the large wind energy system to service in a reasonable period of time, including by repairing, replacing or repowering the large wind energy system facilities as necessary to generate electricity.

[b] The owner demonstrates that the large wind energy system is part of a prototype or other demonstration project being used for ongoing research or development purposes.

[c] The owner demonstrates that the large wind energy system is being used for educational purposes.

[4] The department may deny a request for an extension if the large wind energy system has not generated any electricity for a continuous period of 540 days or more and the department finds that the owner is not capable of returning the wind energy system to service within a reasonable period of time.

[5] A large wind energy system is irrebuttably presumed to be at the end of its useful life if the wind energy system generates no electricity for a period of 540 days and any of the following occur:

[a] The owner does not request an extension of the time period for returning the large wind energy system to service.

[b] The department denies a request for an extension and any appeal rights have expired.

[6] A small wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 540-day period.

[7] When decommissioning is required, the owner shall begin decommissioning within 360 days after the wind energy system has reached the end of its useful life. The owner shall complete decommissioning and removal of the wind energy system within 540 days after the wind energy system has reached the end of its useful life.

[8] If the owner fails to remove a wind energy system and reclaim the site, the department may remove or cause the removal of the wind energy system and arrange for the reclamation of the site. The cost of removal and reclamation will become a lien upon the property and may be collected in the same manner as property taxes.

(b) Decommissioning review.

[1] An owner shall file a notice of decommissioning completion with the county and any political subdivision within which its wind energy systems facilities are located when a wind energy system approved by the department has been decommissioned and removed.

[2] The department shall conduct a decommissioning review to determine whether the owner has decommissioned and removed the wind energy system as required by this chapter and whether the owner has complied with its site restoration obligation in this section.

[3] The owner shall cooperate with the department by participating in the decommissioning review process.

(c) Financial responsibility.

[1] The owner of a large wind energy system with a nameplate capacity of one megawatt or larger shall maintain proof of the owner's ability to fund the actual and necessary cost to decommission the large wind energy system and shall ensure the availability of funds necessary for decommissioning throughout the expected life of the large wind energy system and through to completion of the decommissioning activities.

[a] An owner shall provide financial assurance for the actual and necessary cost to decommission the large wind energy system before commencing major civil construction activities such as blasting or foundation construction at the large wind energy system site.

[2] An owner may comply with financial assurance requirements by choosing to provide a bond, deposit, escrow account, irrevocable letter of credit, or some combination of these financial assurances.

[3] Financial assurance shall place the County in a secured position. The financial assurance must provide that the secured funds may only be used for decommissioning the large wind energy system until such time as the County determines that the large wind energy system has been decommissioned or the County approves the release of the funds, whichever occurs first. The financial assurance must also provide that the County may access the funds for the purpose of decommissioning the large wind energy system if the owner does not decommission the system when decommissioning is required.

[4] An owner shall provide the County with three estimates of the actual and necessary cost to decommission the large wind energy system. The cost estimates shall be prepared by third parties agreeable to the owner and the department. The amount of financial assurance required by the County will be the average of the three estimates.

[5] The department may periodically request information from the owner regarding industry costs for decommissioning the large wind energy system. If the department finds that the future anticipated cost to decommission the large wind energy system is at least 10% more or less than the amount of financial assurance provided under this section, the department may correspondingly increase or decrease the amount of financial assurance required. The department may not adjust the financial assurance under more often than once in a five-year period.

[6] The department may require an owner to submit a substitute financial assurance of the owner's choosing if an event occurs that raises material concern regarding the viability of the existing financial assurance.

[7] Small wind energy systems shall be exempt from the requirement to meet financial assurance requirements for decommissioning the system.

(d) Site restoration.

[1] Except as provided in Wis. Adm. Code § PSC 128.19(4)(b), if a wind energy system was constructed on land owned by a person other than the owner of the wind energy system, the owner of the wind energy system shall ensure that the property is restored to preconstruction condition, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

[a] Small wind energy systems are not required to restore property to preconstruction conditions.

[2] If a wind energy system was constructed on a brownfield, as defined in § 238.13(1)(a), Wis. Stats., the owner shall restore the property to eliminate effects caused by the wind energy system, except for the effects of environmental remediation activities, as defined in § 238.13(1)(d), Wis. Stats.

[a] Small wind energy systems are not required to restore the property to eliminate the effects caused by the small wind energy system.

(e) Decommissioning completeness.

[1] An owner shall file a notice of decommissioning completion with the department and the commission when a wind energy system approved by the department has been decommissioned and removed.

[2] Within 360 days of receiving a notice of decommissioning, the department shall determine whether the owner has satisfied the applicable decommissioning requirements.

(13) Application.

(a) Application requirements. An owner shall file an application to construct a wind energy system with the department.

(b) Contents of an application.

[1] An owner shall complete and file an application with the department that includes all of the following:

[a] Wind energy system description and maps showing the locations of all proposed wind energy facilities.

[b] Technical description of wind turbines and wind turbine sites.

[c] Timeline and process for constructing the wind energy system.

[d] Information regarding anticipated impact of the wind energy system on local infrastructure.

[e] Information regarding noise anticipated to be attributable to the wind energy system.

[f] Information regarding shadow flicker anticipated to be attributable to the wind energy system.

[g] Information regarding the anticipated effects of the wind energy system on existing land uses within 0.5 mile of the wind energy system.

[h] Information regarding the anticipated effects of the wind energy system on airports and airspace.

[i] Information regarding the anticipated effects of the wind energy system on line-of-sight communications.

[j] A list of all state and federal permits required to construct and operate the wind energy system.

[k] Information regarding the planned use and modification of roads within the political subdivision during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner's expense.

[l] A copy of all emergency plans developed in collaboration with appropriate first responders and political subdivisions. An owner may file plans using confidential filing procedures as necessary.

[i] Small wind energy systems are not required to provide emergency plans.

[m] A decommissioning and site restoration plan providing reasonable assurances that the owner will be able to comply with the decommissioning requirements of this section.

[i] Small wind energy systems are not required to submit a decommissioning and site restoration plan.

[n] A representative copy of all notices issued under Wis. Adm. Code §§ PSC 128.30(5) and PSC 128.105(1)(a)and 128.42(1).

[o] Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.

[2] Any document or paper filed or otherwise submitted by an owner or any other interested party that relates to an application must be 8-1/2 x 11 inches in size. A person who wishes to submit a paper that is larger than 8-1/2 x 11 inches in size shall also submit a reduced copy that is 8-1/2 x 11 inches in size.

(c) Accuracy of information. The owner shall ensure that information contained in an application is accurate.

(d) Duplicate copies.

[1] Each copy of the application shall include all documents, drawings, maps, worksheets, and other materials that are included in the original application.

[2] The owner shall submit 10 physical copies of the application to the department and one copy of the application to the clerk of each town in which any wind energy system facility is located.

[3] The owner shall submit one digital copy of the application to the department in a format that is acceptable to the department.

(e) Notice to property owners and residents.

[1] On the same day an owner files an application for a wind energy system, the owner shall, under § 66.0401(4)(a)3, Wis. Stats., use commercially reasonable methods to provide written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any wind energy system facility.

[a] Written notice of the filing of the application shall be provided by the owner only to property owners and residents located adjacent to the small wind energy system.

[2] The notification shall include all of the following:

[a] A complete description of the wind energy system, including the number and size of the wind turbines.

[b] A map showing the locations of all proposed wind energy system facilities.

[c] The proposed timeline for construction and operation of the wind energy system.

[d] Locations where the application is available for public review.

[e] Owner contact information.

[3] After the department receives an application for a wind energy system, a notice under § 66.0401(4)(a)1, Wis. Stats., shall be published. The notice shall include:

[a] A brief description of the proposed wind energy system and its proposed location.

[b] The locations where the application is available for public review.

[c] The method and time period for the submission of public comments to the department.

[d] The approximate schedule for review of the application by the department.

(f) Public participation.

[1] The department shall make an application for a wind energy system available for public review at a local library and at the Green Lake County Government Center (571 County Road A, Green Lake, WI, 54941) and may post copies at other publicly accessible locations. The department shall also provide public access to the application electronically.

[2] The department shall hold a public hearing during the initial ninety-day application review period for the purpose of receiving public comments and to inform the public about a proposed large solar energy system. The first meeting shall be noticed under § 985.07(2), Wis. Stats. Additional meetings may be held and shall be noticed under § 985.07(1), Wis. Stats., or § 985.07(2), Wis. Stats.

[3] Written comments shall be mailed, hand delivered, or emailed to the department.

(g) Joint application review.

[1] If the wind energy system is proposed to be located in more than one political subdivision with jurisdiction over the wind energy system, the political subdivisions involved may conduct a joint application review process on their own motion or upon request. If an owner requests a joint application review, the owner shall include the request in its pre application notice the department. If the owner requests a joint application review process, the political subdivisions involved shall approve or deny this request within 60 days of receipt of the owner's notice of intent to file an application.

[2] Except as provided in § 66.0401(4)(a)2, Wis. Stats., if the department elects to conduct a joint application review process, the process shall be consistent with this chapter and the political subdivisions shall establish the process within 90 days of the date the political subdivisions receive the owner's notice of intent to file an application. The department may follow the review process of another political subdivision for purposes of conducting a joint application review process concurrently with the other political subdivision. If a joint application review process is adopted, the owner shall file the joint-review process application with all of the political subdivisions participating in the joint review process.

(14) Application completeness.

(a) Complete applications.

[1] An application is complete if it meets the content requirements of this section and Wis. Adm. Code § PSC 128.50(1).

[2] The department shall determine the completeness of an application and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the department in writing that all the application materials have been filed. If the department determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.

[3] An owner may file a supplement to an application that the department has determined to be incomplete. There is no limit to the number of times that an owner may re-file an application. For incomplete applications, the owner shall provide additional information as specified in the notice determining the application is incomplete.

[4] An additional forty-five-day completeness review period shall begin the day after the department receives responses to all items identified in the notice determining the application is incomplete.

[a] If the owner fails to provide additional information specified in the notice of an incomplete application within 90 days, the application will be deemed abandoned. The owner may refile the application at a later date, subject to payment of new applicable fees.

[5] If the department does not make a completeness determination within the applicable review period, the application is considered to be complete.

(b) Requests for additional information.

[1] The department may request additional information necessary to understand the wind energy system after determining that an application is complete.

[a] An owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.

(15) Application review.

(a) Conditions for approval.

[1] An owner shall provide information about whether it has consulted with and received any non-binding recommendations for construction, operating, or decommissioning the wind energy system from any federal or state agency and whether the owner has incorporated the non-binding recommendation into the design of the wind energy system.

[a] Small wind energy systems are not required to provide this information.

[2] An owner shall cooperate with any study of the effects of wind energy systems that is coordinated by a state agency.

[a] Small wind energy systems are not required to cooperate with studies coordinated by a state agency.

[3] An owner shall offer an agreement to the owner of a nonparticipating residence, if the residence is located within 1/2 mile of a constructed wind turbine, that includes the following initial annual monetary compensation of $600 for one turbine located within 1/2 mile of a nonparticipating residence, $800 for two turbines located within 1/2 mile of a nonparticipating residence, and $1,000 for three or more turbines located within 1/2 mile of a nonparticipating residence.

[a] The initial annual monetary compensation under this section shall apply to agreements entered into in 2011. For agreements entered into in 2012 and thereafter, the initial annual amounts shall increase each year by the greater of 2% or the increase in the consumer price index, as described in § 196.374(5)(bm)2, Wis. Stats.

[b] An agreement offered under this subsection shall specify in writing any waiver of a requirement or right under this ordinance or Wis. Adm. Code Ch. PSC 128 and whether the landowner's acceptance of payment establishes the landowner's property as a participating property under this section or Wis. Adm. Code Ch. PSC 128.

[c] Small wind energy systems are exempt from this compensation requirement to a non-participating residence.

[4] An owner shall offer an agreement that includes monetary compensation to a farm operator farming on a nonparticipating property located within 1/2 mile of a constructed wind turbine if the farm operator demonstrates all of the following:

[a] Substantial evidence of a history, before the wind energy system owner gives its pre application notice, of using aerial spraying for pest control or disease prevention for growing potatoes, peas, snap beans, or sweet corn on all or part of the farm field located within 1/2 mile of a constructed wind turbine.

[b] A material reduction in potato, pea, snap bean, or sweet corn production or a material increase in application costs on all or part of a farm field located within 1/2 mile of a constructed wind turbine as a result of the wind energy system's effect on aerial spraying practices.

[c] Small wind energy systems are exempt from this compensation requirement to a farm operator.

[5] An owner shall submit a copy of all necessary state and federal permits and approvals to the county within 30 days of the owner's receipt of any permit or approval that was not provided with the owner's application.

[6] An owner shall, on or before January 31 of each year, file an annual report with the department documenting the operation and maintenance of the wind energy system during the previous calendar year.

[a] Small wind energy systems are not required to submit an annual report to the department.

[7] An owner shall provide proof it has met all required financial assurance requirements of this section.

(b) Decision by the department.

[1] Once the owner is notified the application is complete, the department shall have 90 days to approve or deny the application. A written decision to approve or deny the application shall be provided to the owner and the commission.

[2] The review period may be extended upon written notice to the applicant for one or more of the following reasons: but the total time for all extensions may not exceed 90 days:

[a] Up to 45 days if additional information is needed.

[b] Up to 90 days if the owner makes a material modification to the application.

[c] Up to 90 days for other good cause specified in writing.

[3] If the department fails to act within the 90 days, or within any extended time period, the application will be considered approved.

(c) Application approval.

[1] The department shall provide the owner a duplicate original of the decision. The owner shall record the duplicate original with the Green Lake County Register of Deeds.

[2] A written record of the decision shall be kept by the department until at least seven years after the system is decommissioned.

(d) Application denial.

[1] A written decision shall specify the reason(s) for denial.

[2] A written record of the decision shall be kept by the department for at least seven years after the decision to deny is issued.

(e) Records.

[1] The record of a department decision shall include:

[a] The approved application and all additions or amendments to the application.

[b] A representative copy of all notices issued under Wis. Adm. Code §§ PSC 128.105(1), 128.30(5), and 128.42(1).

[c] A record of any public meetings and any hearings related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.

[d] Copies of any correspondence or evidentiary material that the department considered in relation to the application, including copies of all written public comments.

[e] Minutes of any Green Lake County, board, council or committee meetings held to consider or act on the application.

[f] A copy of the written decision to grant or deny the application.

[g] Other materials that the department prepared to document its decision-making process.

[h] A copy of any ordinance cited in or applicable to the decision.

(16) Change in ownership.

(a) An owner shall provide the department with notice of any change in ownership of the wind energy system on or before the effective date of the change.

(b) A notice of change in ownership of the wind energy system shall include information showing that the applicable financial responsibility requirements will be met following the change in ownership.

(17) Costs and fees.

(a) An owner shall pay at least 50% of the application review fee prior to the department decision to approve or deny the application.

[1] The department shall give written notice to the owner of it's intent to require 50% payment of the application review fee.

[a] Notice shall be given within 10 days of the date the application is deemed complete.

[b] The notice shall contain an estimate of the fee.

(b) An owner shall not be required to pay a minimum of 50% of the application review fee if the department fails to give written notice to the owner within 10 days of the date the application is deemed complete.

(c) The small wind energy system application review fee shall be $1,000.

(d) The large wind energy system application review fee shall be $1,500.

(18) (Reserved)

(19) (Reserved)

(20) Post-construction requirement.

(a) Within 90 days of the date a wind energy system commences operation, the owner shall file with the department and the Wisconsin Public Service Commission an as-built description of the wind energy system, an accurate map of the wind energy system showing the location of all wind energy system facilities, geographic information system information showing the location of all wind energy system facilities and current information identifying the owner of the wind energy system.

(b) An owner shall in the filings under this subsection label each wind turbine location with a unique identifier consistent with the information posted at the wind turbine location under Wis. Adm. Code § PSC 128.18(1)(g).

(c) Small wind energy systems are exempt from the post-construction filing requirement.

(21) Modifications to an approved wind energy facility.

(a) Material change.

[1] An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the department.

[2] An owner shall submit an application for a material change to an approved wind energy system to the department.

[a] An application for a material change shall contain information necessary to understand the material change.

[b] An application for a material change is subject to Wis. Adm. Code §§ PSC 128.30(1), (3) to (5), (6)(a) and (b), and (7) and PSC 128.31 to PSC 128.34.

(b) Review limited.

[1] The department may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change.

[2] The department may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.

(22) Compliance monitoring.

(a) Monitoring procedure.

[1] An owner shall maintain a maintenance log for each wind turbine. The log must contain the following information regarding any maintenance performed on the wind turbine:

[a] Date and time maintenance was performed.

[b] Nature of the maintenance performed.

[c] Reason for the maintenance.

[2] An owner shall, at the owner's expense, provide the department with a copy of the maintenance log for each wind turbine for each month within five calendar days after the end of the month.

(b) Third-party construction inspector.

[1] The department may contract with a third-party inspector to monitor and report to the department regarding the owner's compliance with permit requirements during construction and operation.

[2] The inspector monitoring compliance shall also report to a state permitting authority upon the state permitting authority's request.

[3] The inspector shall make monthly written reports to the department.

[4] The owner shall reimburse the department for the actual and necessary cost of the inspector.

(c) Small wind energy system exemption. Small wind energy systems shall be exempt from § 350-47A(22).

(23) Consultants.

(a) The department is authorized to contract with one or more engineers, environmental specialists, planners, and other consultants and experts to perform necessary services in connection with this section.

(b) The corporation counsel is authorized to contract with outside attorneys to perform necessary services in connection with this section.

(24) Complaints.

(a) Making a complaint.

[1] An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this section.

[2] A complaint shall be made first to the owner of the wind energy system pursuant to a complaint resolution process developed by the owner.

[3] A complainant may petition the department for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.

[a] The petition for review must be filed with the department within 90 days of the date of the original complaint.

[b] The petition must include the following:

[i] Name, address, and telephone number of the person filing the petition.

[ii] Copy of the original complaint to the owner.

[iii] Copy of the owner's initial response.

[iv] Statement describing the unresolved complaint.

[v] Statement describing the desired remedy.

[vi] Any other information the complainant deems relevant to the complaint.

[vii] Notarized signature of the person filing the petition.

[c] The department shall forward a copy of the petition to the owner by certified mail within 10 days of the department's receipt of the petition.

[4] The department shall issue a written decision and may take such enforcement action as it deems appropriate with respect to the complaint.

[a] The department may retain such consultants or experts as it deems necessary to complete its review.

[b] The departments decision is subject to review under § 66.0401(5), Wis. Stats.

(b) Complaint resolution.

[1] An owner shall use reasonable efforts to resolve complaints regarding a wind energy system and shall investigate complaints regarding a wind energy system at the owner's expense.

[2] Upon receipt of a complaint, an owner shall provide the complainant with a copy of the notice described in § 350-47A(26). Within 30 days of receiving a complaint, an owner shall provide an initial response to the complainant.

[a] Small energy systems are exempt from the notice and response requirements.

[b] The response must include the following:

[i] Name, address, and telephone number of the person filing the response.

[ii] Statement describing the actions taken by the owner in response to the complaint.

[iii] Statement of the reasons why the owner believes that the complaint has been resolved or why the complaint remains unresolved.

[iv] Statement describing any additional action the owner plans or is willing to take to resolve the complaint.

[v] Any other information the owner deems relevant to the complaint.

[vi] Notarized signature of the person filing the response.

[3] An owner shall make a good faith effort to resolve complaints within 45 days of receiving a complaint. An owner shall notify the department of complaints that have not been resolved within 45 days of the date the owner received the original complaint.

[a] Small wind energy systems are exempt from the requirements to resolve complaints in 45 days or to notify the department of unresolved complaints within 45 days.

[b] The notice must include the following:

[i] Name, address, and telephone number of the person filing the notice.

[ii] Statement describing the actions taken by the owner in response to the complaint.

[iii] Statement of the reasons why the complaint remains unresolved.

[iv] Statement describing any additional action the owner plans or is willing to take to resolve the complaint.

[v] Any other information the owner deems relevant to the complaint.

[vi] Notarized signature of the person filing the answer.

[4] An owner shall maintain a log of all complaints received regarding the wind energy system. The owner shall include in the log the name and address of each complainant, the nature of each complaint, and the steps taken to resolve each complaint. An owner shall provide a copy of a complaint log monthly, at no cost, to the department. An owner shall make any complaint log available to the commission upon request.

[a] Small wind energy systems are exempt from the requirement to keep a log of all complaints.

[5] An owner shall develop a complaint resolution process that is consistent with Wis. Adm. Code § PSC 128.40(2).

[a] An owner shall, before construction of a wind energy system begins, provide the department with a written copy of the owner's complaint resolution process. An owner shall provide the department with a written copy of any changes to the complaint resolution process at least 30 days prior to implementing the change.

[b] Small wind energy systems are not required to develop a complaint resolution process.

(25) Monitoring committee.

(a) Committee.

[1] The department may establish a monitoring committee to oversee resolution of complaints regarding a large wind energy system. A monitoring committee shall include on the committee a member who is a local employee of an owner of a large wind energy system and, if in existence, at least one nonparticipating landowner residing in the Green Lake County within 0.5 mile of a wind turbine that is located in the Green Lake County.

[a] A committee may not be created to monitor a small wind energy system.

(b) Duties.

[1] A monitoring committee may do any of the following:

[a] Maintain a record of all complaints brought to it.

[b] Require the owner to provide the committee with information regarding the owner's response to any complaint forwarded to the owner by the committee.

[c] Recommend to the department a reasonable resolution to a complaint based upon the information gathered by the committee.

(c) Multiple jurisdictions.

[1] If a wind energy system is located in more than one political subdivision with jurisdiction over the wind energy system and multiple political subdivisions decide to establish a monitoring committee, the political subdivisions shall jointly establish a single monitoring committee to oversee resolution of complaints regarding the wind energy system.

(26) Notice to property owners.

(a) Notice of process for making complaints.

[1] Before construction of a wind energy system begins, an owner shall provide written notice of the process for making complaints and obtaining mitigation measures to all residents and landowners within 0.5 mile of any wind energy system facility. An owner shall include in the notice the requirements for submitting a complaint to the owner, a petition for review to the department, and an appeal to the commission, and shall include a contact person and telephone number for the owner for receipt of complaints or concerns during construction, operation, maintenance and decommissioning.

[2] Small wind energy systems are exempt from this notification requirement.

(b) Notice to the department.

[1] An owner shall, before construction of a wind energy system begins, provide the department with a copy of the notice issued to property owners, along with a list showing the name and address of each person to whom the notice was sent and a list showing the name and address of each political subdivision to which the notice was sent.

[2] An owner shall, before construction of a wind energy system begins, file with the department the name and telephone number of the owner's contact person for receipt of complaints or concerns during construction, operation, maintenance, and decommissioning. The owner shall keep the name and telephone number of the contact person on file with the department current.

[3] Small wind energy systems are exempt from this notification requirement.

B. Roof- and wall-mounted solar energy systems.

(1) Roof-mounted and wall-mounted solar energy systems are exempt from the land use permit requirements under § 350-65 except for ground-mounted features.

(2) Roof-mounted and wall-mounted solar energy systems exceeding 10 feet in elevation above the existing roof elevation shall require a CUP.

(3) Roof-mounted and wall-mounted solar energy systems extending over 10 feet beyond the existing structure walls shall require a CUP.

C. Small ground-mounted solar energy systems.

(1) Ground-mounted solar panel arrays that exceed eight feet in adjusted height (lowest adjacent grade to maximum vertical extent) or have a collector surface area greater than 55 square feet must be authorized by a land use permit and are required to meet all the required setbacks set forth in §§ 350-20 and 350-50.

(2) Ground-mounted small-scale solar energy systems exceeding 25 feet in adjusted height shall require a CUP (lowest adjacent grade to maximum vertical extent).

D. Large ground-mounted solar energy systems.

(1) Purpose statement. The purpose of this section is to incorporate and adopt the requirements of § 66.0401, Wis. Stats., as a local ordinance and to establish local regulations on the installation and use of large solar energy systems that serves to preserve or protect the public health or safety, does not significantly increase the cost of the system or significantly decrease its efficiency, or allows for an alternative system of comparable cost and efficiency.

(2) Land use permit.

(a) Large solar energy systems shall require a land use permit prior to installing, constructing, or modifying the large solar energy system.

[1] Land use permits for large solar energy systems shall be valid until 90 days after the system commences operation.

[2] Land use permits for large solar energy systems shall expire if construction of the solar energy system is not commenced within 24 months of the date of permit issuance.

(3) Existing property uses.

(a) Agricultural use.

[1] An owner shall design a large solar energy system to reasonably minimize the conversion of land from agricultural use.

[2] To the extent feasible and practical, use existing agricultural land for both agriculture and electricity. Possible options include but are not limited to:

[a] Planting and maintaining pollinator-friendly native plant species and reduced herbicide applications.

[b] Grazing of livestock such as cattle, sheep, goats, and or chickens.

[c] Planting of shade-tolerant crops.

(4) Siting criteria.

(a) Setback distance and height requirements.

[1] An owner shall design and construct a large solar energy system using the setback distances listed in §§ 350-20 and 350-50.

[2] An owner shall work with the department and owners of participating and nonparticipating properties to site a large solar energy system to minimize individual hardships.

[3] Battery energy storage systems over 1 MWh shall not be located within 150 feet of a nonparticipating residence or well.

(5) Noise.

(a) Planning.

[1] An owner shall design the proposed large solar energy system to minimize noise at a residence or occupied community building to a threshold no greater than 50 decibels during daytime hours or 45 decibels during nighttime hours.

(6) Stray voltage.

(a) Testing required.

[1] An owner shall work with the local electric distribution company to test for stray voltage at all dairy and confined animal operations within 0.5 mile of a large solar energy system facility pursuant to the stray voltage protocol established by the commission before any solar energy system construction activity that may interfere with testing commences and again after construction of the solar energy system is completed.

[2] Before any testing, an owner shall work with commission staff to determine the manner in which stray voltage testing will be conducted and on which properties. The electric distribution company serving a dairy or confined animal operation where testing is required shall conduct or arrange to conduct all required testing at the expense of the owner.

(b) Results of testing.

[1] An owner and the electric distribution company shall provide to commission staff the results of all stray voltage testing in writing.

(c) Requirements to rectify problems.

[1] An owner shall work with the electric distribution company and farm owner to rectify any stray voltage problems attributable to the construction and operation of the large solar energy system, in compliance with the commission's stray voltage protocol.

(7) Construction and operation.

(a) Physical characteristics.

[1] An owner shall ensure that all large solar energy system facility access doors, gates, and electrical equipment are locked when authorized personnel are not present.

[2] An owner shall place appropriate warning signage on or at the entrance of each large solar energy system facility.

[3] An owner shall post and maintain up-to-date signs containing a twenty-four-hour emergency contact telephone number, information identifying the owner, and sufficient information to identify the location of the sign within the large solar energy system. An owner shall post these signs at every intersection of a solar energy system access road with a public road.

[4] An owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a large solar energy system. An owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a large solar energy system. An owner may attach a safety feature to a large solar energy system.

[5] All lighting at a large solar energy system shall be installed in compliance with standards established by § 350-23.

(b) Electrical standards.

[1] An owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the National Electrical Safety Code and Wis. Adm. Code Ch. PSC 114 and shall construct, maintain, and operate all large solar energy system facilities in a manner that complies with the National Electrical Code.

(c) Construction, operation, and maintenance standards.

[1] An owner shall construct, operate, repair, maintain and replace large solar energy system facilities as needed to keep the large solar energy system in good repair and operating condition and in a manner that protects individuals from injury.

[2] An owner shall utilize all applicable best practices in the placement, construction, operation, and maintenance of its large solar energy facilities in order to minimize soil compaction, protect the topsoil, prevent topsoil mixing, and avoid and repair any damage to drainage systems on agricultural land.

[3] An owner shall describe the applicable best practices that it intends to use in the placement, construction, operation, and maintenance of its large solar energy facilities in its application.

[4] Except for the area physically occupied by the large solar energy system facilities, an owner shall restore the topography, soils and vegetation of the project area to original condition after construction is complete, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

[5] An owner shall carry general liability insurance relating to claims for property damage or bodily injury arising from the construction, operation or decommissioning of the large solar energy system and shall include host property owners as additional insured persons on the policy.

(d) Emergency procedure.

[1] An owner shall notify the department of the occurrence and nature of a large solar energy system emergency within 24 hours of the large solar energy system emergency.

[2] An owner shall establish and maintain a liaison with each political subdivision within which its large solar energy systems facilities are located and with fire, police, and other appropriate first responders serving the large solar energy system to create emergency plans that include all of the following:

[a] A list of the types of large solar energy system emergencies that require notification to the department within 24 hours of the large solar energy system emergency.

[b] Current emergency contact information for first responders and for the large solar energy system owner, including names and phone numbers.

[c] Procedures for handling different types of large solar energy system emergencies, including written procedures that provide for shutting down the large solar energy system or a portion of the system as appropriate.

[d] Duties and responsibilities of the owner and of first responders in the event of a large solar energy system emergency.

[e] An emergency evacuation plan for the area within 0.5 mile of any large solar energy system facility, including the location of alternate landing zones for emergency services aircraft.

[3] The owner shall review the emergency plan at least annually in collaboration with fire, police and other appropriate first responders to update and improve the emergency plan as needed.

[4] The owner shall distribute current and revised copies of the emergency plan to the following:

[a] The department.

[b] Green Lake County Sheriff's Office.

[c] Green Lake County Emergency Management Department.

[d] Clerk for any town, city or village within which its large solar energy systems facilities are located or that are within 1/2 mile of any of its large solar energy systems facilities.

[e] Any fire, police, or other first responder identified by the County's Emergency Management Director or the clerk of any city, village, or town who has received a copy of the owner's emergency plans.

[5] An owner shall provide annual training for the County's Emergency Management Department, Sheriff's Department, and any other fire, police, or other first responder identified in the owner's emergency plans.

[6] An owner of a large solar energy system shall do all of the following:

[a] Furnish its operator, supervisors and employees who are responsible for emergency action a copy of the current edition of the emergency procedures established under this section to ensure compliance with those procedures.

[b] Train the appropriate operating personnel to ensure they have knowledge of the emergency procedures and verify that the training is effective.

[7] If an owner is required to implement its emergency plans as the result of a large solar energy system emergency, it shall conduct a review of employee activities to determine whether the procedures were effectively followed. The owner shall provide the county's emergency management director with a copy of its review. If the review results in any changes to its emergency plans, the owner shall redistribute the revised emergency plans.

(8) Decommissioning.

(a) Requirement to decommission.

[1] An owner of a large solar energy system shall decommission and remove the large solar energy system when the system is at the end of its useful life.

[2] A large solar energy system is presumed to be at the end of its useful life if the large solar energy system generates no electricity for a continuous 360-day period.

[3] Upon application by the owner, and except when the department finds the owner is not capable of returning the large solar energy system to service with a reasonable time, the department shall grant an extension of the time period for returning the large solar energy system to service by one or more additional 180-day periods if the owner demonstrates it is likely the large solar energy system will operate again in the future and any of the following occur:

[a] The owner submits a plan to the department that demonstrates an ongoing good faith effort to return the large solar energy system to service and outlines the steps and schedule for returning the large solar energy system to service in a reasonable period of time, including by repairing or replacing the large solar energy system facilities as necessary to generate electricity.

[b] The owner demonstrates that the large solar energy system is part of a prototype or other demonstration project being used for ongoing research or development purposes.

[c] The owner demonstrates that the large solar energy system is being used for educational purposes.

[4] The department may deny a request for an extension if the large solar energy system has not generated any electricity for a continuous period of 540 days or more and the department finds that the owner is not capable of returning the large solar energy system to service within a reasonable period of time.

[5] A large solar energy system is irrebuttably presumed to be at the end of its useful life if the large solar energy system generates no electricity for a period of 540 days and any of the following occur:

[a] The owner does not request an extension of the time period for returning the large solar energy system to service.

[b] The department denies a request for an extension and any appeal rights have expired.

[6] When decommissioning is required, the owner shall begin decommissioning within 360 days after the large solar energy system has reached the end of its useful life. The owner shall complete decommissioning and removal of the large solar energy system within 540 days after the large solar energy system has reached the end of its useful life.

[7] If the owner fails to remove a large solar energy system and reclaim the site, the department may remove or cause the removal of the large solar energy system and arrange for the reclamation of the site. The cost of removal and reclamation will become a lien upon the property and may be collected in the same manner as property taxes.

(b) Decommissioning review.

[1] An owner shall file a notice of decommissioning completion with the county and any political subdivision within which its large solar energy systems facilities are located when a large solar energy system approved by the department has been decommissioned and removed.

[2] The department shall conduct a decommissioning review to determine whether the owner has decommissioned and removed the large solar energy system as required by this chapter and whether the owner has complied with its site restoration obligation in this section.

[3] The owner shall cooperate with the department by participating in the decommissioning review process.

[4] Within 360 days of receiving a notice of decommissioning, the department shall determine whether the owner has satisfied the applicable decommissioning requirements.

(c) Financial responsibility.

[1] The owner of a large solar energy system shall maintain proof of the owner's ability to fund the actual and necessary cost to decommission the large solar energy system and shall ensure the availability of funds necessary for decommissioning throughout the expected life of the large solar energy system and through to completion of the decommissioning activities.

[a] An owner shall provide financial assurance for the actual and necessary cost to decommission the large solar energy system before commencing major civil construction.

[2] An owner may comply with financial assurance requirements by choosing to provide a bond, deposit, escrow account, irrevocable letter of credit, or some combination of these financial assurances.

[3] Financial assurance shall place the County in a secured position. The financial assurance must provide that the secured funds may only be used for decommissioning the large solar energy system until such time as the County determines that the large solar energy system has been decommissioned or the County approves the release of the funds, whichever occurs first. The financial assurance must also provide that the County may access the funds for the purpose of decommissioning the large solar energy system if the owner does not decommission the system when decommissioning is required.

[4] An owner shall provide the County with three estimates of the actual and necessary cost to decommission the large solar energy system. The cost estimates shall be prepared by third parties agreeable to the owner and the department. The amount of financial assurance required by the County will be the average of the three estimates.

[5] The department may periodically request information from the owner regarding industry costs for decommissioning the large solar energy system. If the department finds that the future anticipated cost to decommission the large solar energy system is at least 10% more or less than the amount of financial assurance provided under this section, the department may correspondingly increase or decrease the amount of financial assurance required. The department may not adjust the financial assurance under more often than once in a five-year period.

[6] The department may require an owner to submit a substitute financial assurance of the owner's choosing if an event occurs that raises material concern regarding the viability of the existing financial assurance.

(d) Site restoration.

[1] If a large solar energy system was constructed on land owned by a person other than the owner of the large solar energy system, the owner of the large solar energy system shall ensure that the property is restored to preconstruction condition, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements.

[2] If a large solar energy system was constructed on a brownfield, as defined in § 238.13(1)(a), Wis. Stats., the owner shall restore the property to eliminate effects caused by the large solar energy system, except for the effects of environmental remediation activities, as defined in § 238.13(1)(d), Wis. Stats.

(9) Application.

(a) Application requirements.

[1] An owner shall file an application to construct a large solar energy system with the department.

(b) Contents of an application.

[1] An owner shall complete and file an application with the department that includes all of the following:

[a] Large solar energy system description and maps showing the locations of all proposed large solar energy facilities.

[b] Technical description of large solar energy system facilities.

[c] Timeline and process for constructing the large solar energy system.

[d] Information regarding anticipated impact of the large solar energy system on local infrastructure.

[e] Information regarding noise anticipated to be attributable to the large solar energy system.

[f] Information regarding the anticipated effects of the large solar energy system on existing land uses within 0.5 mile of the large solar energy system.

[g] A list of all state and federal permits required to construct and operate the large solar energy system.

[h] Information regarding the planned use and modification of roads within the political subdivision during the construction, operation, and decommissioning of the large solar energy system, including a process for assessing road damage caused by large solar energy system activities and for conducting road repairs at the owner's expense.

[i] A copy of all emergency plans developed in collaboration with appropriate first responders and political subdivisions. An owner may file plans using confidential filing procedures as necessary.

[j] A decommissioning and site restoration plan providing reasonable assurances that the owner will be able to comply with the decommissioning requirements of this chapter.

[k] A representative copy of all notices issued.

[l] Any other information necessary to understand the construction, operation or decommissioning of the proposed large solar energy system.

[2] Any document or paper filed or otherwise submitted by an owner or any other interested party that relates to an application must be 8-1/2 x 11 inches in size. A person who wishes to submit a paper that is larger than 8-1/2 x 11 inches in size shall also submit a reduced copy that is 8-1/2 x 11 inches in size.

(c) Accuracy of information.

[1] The owner shall ensure that information contained in an application is accurate.

(d) Duplicate copies.

[1] Each copy of the application shall include all documents, drawings, maps, worksheets, and other materials that are included in the original application.

[2] The owner shall submit 10 physical copies of the application to the department and one copy of the application to the clerk of each town in which any large solar energy system facility is located.

[3] The owner shall submit one digital copy of the application to the department in a format that is acceptable to the department.

(e) Public participation.

[1] The department shall make an application for a large solar energy system available for public review at the Green Lake County Government Center (571 County Road A, Green Lake, WI, 54941) and may post copies at other publicly accessible locations. The department shall also provide public access to the application electronically.

[2] The department shall hold a public hearing during the initial ninety-day application review period for the purpose of receiving public comments and to inform the public about a proposed large solar energy system. The first meeting shall be noticed under § 985.07(2), Wis. Stats. Additional meetings may be held and shall be noticed under § 985.07(1), Wis. Stats., or § 985.07(2), Wis. Stats.

[3] Written comments shall be mailed, hand delivered, or emailed to the department.

(f) Joint application review.

[1] If the large solar energy system is proposed to be located in more than one political subdivision with jurisdiction over the large solar energy system, the political subdivisions involved may conduct a joint application review process on their own motion or upon request. If an owner requests a joint application review, the owner shall include the request in its application notice the department. If the owner requests a joint application review process, the political subdivisions involved shall approve or deny this request within 60 days of receipt of the owner's application.

[2] Except as provided in § 66.0401(4)(a)2, Wis. Stats., if the department elects to conduct a joint application review process, the process shall be consistent with this chapter and the political subdivisions shall establish the process within 90 days of the date the political subdivisions receive the owner's application. The department may follow the review process of another political subdivision for purposes of conducting a joint application review process concurrently with the other political subdivision. If a joint application review process is adopted, the owner shall file the joint-review process application with all of the political subdivisions participating in the joint review process.

(10) Application completeness.

(a) Complete applications.

[1] An application is complete if it meets the content requirements of this section.

[2] The department shall determine the completeness of an application and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the department in writing that all the application materials have been filed. If the department determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.

[3] An owner may file a supplement to an application that the department has determined to be incomplete. There is no limit to the number of times that an owner may re-file an application. For incomplete applications, the owner shall provide additional information as specified in the notice determining the application is incomplete.

[4] An additional forty-five-day completeness review period shall begin the day after the department receives responses to all items identified in the notice determining the application is incomplete.

[a] If the owner fails to provide additional information specified in the notice of an incomplete application within 90 days, the application will be deemed abandoned. The owner may refile the application at a later date, subject to payment of new applicable fees.

[5] If the department does not make a completeness determination within the applicable review period, the application is considered to be complete.

(b) Requests for additional information.

[1] The department may request additional information necessary to understand the solar energy system after determining that an application is complete.

[a] An owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.

(c) Application completeness.

[1] Upon receiving an application, the department shall determine whether it is complete and, no later than 45 days after the application is filed, notify the applicant about the determination.

[2] After receiving the application for approval, the department shall publish a class 1 notice, under § 985.07(1), Wis. Stats., stating that an application for approval has been filed with the department.

(11) Application review.

(a) Conditions for approval.

[1] An owner shall provide information about whether it has consulted with and received any non-binding recommendations for construction, operating, or decommissioning the large solar energy system from any federal or state agency and whether the owner has incorporated the non-binding recommendation into the design of the large solar energy system.

[2] An owner shall cooperate with any study of the effects of large solar energy systems that is coordinated by a state agency.

[3] An owner shall submit a copy of all necessary state and federal permits and approvals to the county within 30 days of the owner's receipt of any permit or approval that was not provided with the owner's application.

[4] An owner shall, on or before January 31 of each year, file an annual report with the department documenting the operation and maintenance of the large solar energy system during the previous calendar year.

[5] An owner shall provide proof it has met all required financial assurance requirements of this section.

(b) Decision by the department.

[1] Once the owner is notified the application is complete, the department shall have 90 days to approve or deny the application. A written decision to approve or deny the application shall be provided to the owner and the commission.

[2] The review period may be extended upon written notice to the applicant for one or more of the following reasons, but the total time for all extensions may not exceed 90 days:

[a] Up to 45 days if additional information is needed.

[b] Up to 90 days if the owner makes a material modification to the application.

[c] Up to 90 days for other good cause specified in writing.

[3] If the department fails to act within the 90 days, or within any extended time period, the application shall be considered approved.

(c) Application approval.

[1] The department shall provide the owner a duplicate original of the decision. The owner shall record the duplicate original with the Green Lake County Register of Deeds.

[2] A written record of the decision shall be kept by the department until at least seven years after the system is decommissioned.

(d) Application denial.

[1] A written decision shall specify the reason(s) for denial.

[2] A written record of the decision shall be kept by the department for at least seven years after the decision to deny is issued.

(e) Records.

[1] The record of a department decision shall include:

[a] The approved application and all additions or amendments to the application.

[b] A representative copy of all notices.

[c] A record of any public meetings and any hearings related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.

[d] Copies of any correspondence or evidentiary material that the department considered in relation to the application, including copies of all written public comments.

[e] Minutes of any Green Lake County, board, council or committee meetings held to consider or act on the application.

[f] A copy of the written decision to grant or deny the application.

[g] Other materials that the department prepared to document its decision-making process.

[h] A copy of any ordinance cited in or applicable to the decision.

(12) Change in ownership.

(a) An owner shall provide the department with notice of any change in ownership of the large solar energy system on or before the effective date of the change.

(b) A notice of change in ownership of the large solar energy system shall include information showing that the applicable financial responsibility requirements will be met following the change in ownership.

(13) Costs and fees.

(a) An owner shall pay a large solar energy system application review fee of $1,000 prior to the department decision to approve or deny the application.

(14) Post-construction requirement.

(a) Within 90 days of the date a large solar energy system commences operation, the owner shall file with the department and the Wisconsin Public Service Commission an as-built description of the large solar energy system, an accurate map of the large solar energy system showing the location of all large solar energy system facilities, geographic information system information showing the location of all large solar energy system facilities and current information identifying the owner of the large solar energy system.

(15) Modifications to an approved solar energy facility.

(a) Material change.

[1] An owner may not make a material change in the approved design, location or construction of a large solar energy system without the prior written approval of the department.

[2] An owner shall submit an application for a material change to an approved large solar energy system to the department.

[a] An application for a material change shall contain information necessary to understand the material change.

(b) Review limited.

[1] The department may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change.

[2] The department may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved large solar energy system.

(16) Compliance monitoring.

(a) Monitoring procedure.

[1] An owner shall maintain a maintenance log for the large solar energy system. The log must be submitted to the department annually. The log must contain the following information regarding any maintenance performed on the large solar energy system:

[a] Date and time maintenance was performed.

[b] Nature of the maintenance performed.

[c] Reason for the maintenance.

(b) Third-party construction inspector.

[1] The department may contract with a third-party inspector to monitor and report to the department regarding the owner's compliance with permit requirements during construction and operation.

[2] The inspector monitoring compliance shall also report to a state permitting authority upon the state permitting authority's request.

[3] The inspector shall make monthly written reports to the department.

[4] The owner shall reimburse the department for the actual and necessary cost of the inspector.

(17) Consultants.

(a) The department is authorized to contract with one or more engineers, environmental specialists, planners, and other consultants and experts to perform necessary services in connection with this section.

(b) The corporation counsel is authorized to contract with outside attorneys to perform necessary services in connection with this section.

(c) The owner shall reimburse the department for the actual and necessary cost of the consultants.

(18) Complaints.

(a) Making a complaint.

[1] An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this chapter.

[2] A complaint shall be made first to the owner of the large solar energy system pursuant to a complaint resolution process developed by the owner.

[3] A complainant may petition the department for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.

[a] The petition for review must be filed with the department within 90 days of the date of the original complaint.

[b] The petition must include the following:

[i] Name, address, and telephone number of the person filing the petition.

[ii] Copy of the original complaint to the owner.

[iii] Copy of the owner's initial response.

[iv] Statement describing the unresolved complaint.

[v] Statement describing the desired remedy.

[vi] Any other information the complainant deems relevant to the complaint.

[vii] Notarized signature of the person filing the petition.

[c] The department shall forward a copy of the petition to the owner by certified mail within 10 days of the department's receipt of the petition.

[4] The department shall issue a written decision and may take such enforcement action as it deems appropriate with respect to the complaint.

[a] The department may retain such consultants or experts as it deems necessary to complete its review.

[b] The departments decision is subject to review under § 66.0401(5), Wis. Stats.

(b) Complaint resolution.

[1] An owner shall use reasonable efforts to resolve complaints regarding a large solar energy system and shall investigate complaints regarding a large solar energy system at the owner' s expense.

[a] Within 30 days of receiving a complaint, an owner shall provide an initial response to the complainant. The response must include the following:

[i] Name, address, and telephone number of the person filing the response.

[ii] Statement describing the actions taken by the owner in response to the complaint.

[iii] Statement of the reasons why the owner believes that the complaint has been resolved or why the complaint remains unresolved.

[iv] Statement describing any additional action the owner plans or is willing to take to resolve the complaint.

[v] Any other information the owner deems relevant to the complaint.

[vi] Notarized signature of the person filing the response.

[b] An owner shall make a good faith effort to resolve complaints within 45 days of receiving a complaint. An owner shall notify the department of complaints that have not been resolved within 45 days of the date the owner received the original complaint. The notice must include the following:

[i] Name, address, and telephone number of the person filing the notice.

[ii] Statement describing the actions taken by the owner in response to the complaint.

[iii] Statement of the reasons why the complaint remains unresolved.

[iv] Statement describing any additional action the owner plans or is willing to take to resolve the complaint.

[v] Any other information the owner deems relevant to the complaint.

[vi] Notarized signature of the person filing the answer.

[c] An owner shall maintain a log of all complaints received regarding the large solar energy system. The owner shall include in the log the name and address of each complainant, the nature of each complaint, and the steps taken to resolve each complaint. An owner shall provide a copy of a complaint log monthly, at no cost, to the department. An owner shall make any complaint log available to the commission upon request.

[d] An owner shall develop a complaint resolution process.

[i] An owner shall, before construction of a large solar energy system begins, provide the department with a written copy of the owner's complaint resolution process. An owner shall provide the department with a written copy of any changes to the complaint resolution process at least 30 days prior to implementing the change.

(19) Notice to property owners.

(a) Notice of process for making complaints.

[1] Before construction of a large solar energy system begins, an owner shall provide written notice of the process for making complaints and obtaining mitigation measures to all residents and landowners within 0.5 mile of any large solar energy system facility. An owner shall include in the notice the requirements for submitting a complaint to the owner, a petition for review to the department, and an appeal to the commission, and shall include a contact person and telephone number for the owner for receipt of complaints or concerns during construction, operation, maintenance and decommissioning.

(b) Notice to the department.

[1] An owner shall, before construction of a large solar energy system begins, provide the department with a copy of the notice issued along with a list showing the name and address of each person to whom the notice was sent and a list showing the name and address of each political subdivision to which the notice was sent.

[2] An owner shall, before construction of a large solar energy system begins, file with the department the name and telephone number of the owner's contact person for receipt of complaints or concerns during construction, operation, maintenance, and decommissioning. The owner shall keep the name and telephone number of the contact person on file with the department current.

E. Definitions.

BATTERY ENERGY STORAGE SYSTEM (BESS)

An electrochemical device that charges, or collects, energy from the electric grid or a generation facility, stores that energy, and then discharges that energy at a later time to provide electricity or other electric grid services.

COLLECTOR SURFACE

Means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, supports and mounting hardware.

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 Wisconsin Public Service Commission.

DAYTIME HOURS

The hours beginning at 6:00 a.m. standard time and ending at 10:00 p.m. standard time daily.

DECOMMISSIONING

Means removal of all of the following:

(1) The above ground portion of a wind or solar energy system, including wind turbines, solar collectors, and related facilities, except for access roads if removal has been waived by the property owner.

(2) All below ground facilities, except the following:

(a) Underground collector circuit facilities.

(b) Those portions of concrete structures four feet or more below grade.

DEPARTMENT

Means the Green Lake County Land Use Planning and Zoning Department.

DIRECTOR

Means the director of the Green Lake County Land Use Planning and Zoning Department.

DNR

Means the Wisconsin Department of Natural Resources.

IMPERMISSIBLE INTERFERENCE

Means the blockage of wind from a wind energy system or solar energy from a collector surface or proposed collector surface for which a permit has been granted under this section if such blockage is by any structure or vegetation on property, an owner of which was notified under § 66.0403(3)(b), Wis. Stats. "Impermissible interference" does not include:

(1) Blockage by a narrow protrusion, including but not limited to a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector or does not substantially block wind from a wind energy system.

(2) Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under § 66.0403(3)(b), Wis. Stats.

(3) Blockage by any vegetation planted before the date the last notice is mailed or delivered under § 66.0403(3)(b), Wis. Stats.

LARGE SOLAR SYSTEM

Means a solar energy system with a combined collector surface area over 2,500 square feet and an energy capacity of under 100 MW.

LARGE WIND ENERGY SYSTEM

Has a capacity of less than 100 megawatts but more than a wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.

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.

NIGHTTIME HOURS

The hours beginning at 10:00 p.m. standard time and ending at 6:00 a.m. standard time daily.

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.

OWNER

Means:

(1) Person with a direct ownership interest in a wind or solar 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 or solar energy system.

(2) At the time a wind or solar energy system is being developed, a person who is acting as a wind or solar energy system developer by acquiring the necessary rights, permits and approvals for or by planning for the construction and operation of a wind or solar energy system, regardless of whether the person will own or operate the wind or solar energy system.

PARTICIPATING PROPERTY

Means any of the following:

(1) A turbine or solar energy system host property.

(2) Real property that is the subject of an agreement that does all of the following.

(a) Provides for the payment of monetary compensation to the landowner from an owner regardless of whether any part of a wind or solar energy system is constructed on the property.

(b) Specifies in writing any waiver of a requirement or right under this chapter and that the landowner's acceptance of payment establishes the landowner's property as a participating property.

PARTICIPATING RESIDENCE

Means a residence located on participating property.

PERSONAL COMMUNICATIONS

Includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.

POLITICAL SUBDIVISION

Has the meaning given in § 66.0401(1e)(c), Wis. Stats.

PSC 128

Means Wis. Adm. Code Ch. PSC 128, Wind Energy Systems.

RESIDENCE

Means an occupied primary or secondary personal residence including a manufactured home as defined in § 101.91(2), Wis. Stats., a hospital, community-based residential facility, residential care apartment complex or similar facility, or a nursing home. "Residence" includes a temporarily unoccupied primary or secondary personal residence. "Residence" does not include any of the following:

(1) A recreational vehicle as defined in § 340.01(48r), Wis. Stats., notwithstanding the length of the vehicle.

(2) A camping trailer as defined in § 340.01(6m), Wis. Stats.

(3) A permanently abandoned personal residence.

SHADOW FLICKER

Means a pattern of moving shadows cast on a residence or an occupied community building caused by sunlight shining through moving wind turbine blades resulting in alternating changes in light intensity.

SMALL SOLAR ENERGY SYSTEM

Means a solar energy system with a combined collector surface area under 2,500 square feet.

SMALL WIND ENERGY SYSTEM

Means a wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.

SOLAR ACCESS EASEMENT

Means a written document that creates a legal interest in real property that restricts the use of the property to avoid interference with the solar resource on another property.

SOLAR COLLECTOR

Means a device, structure or a part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.

SOLAR ENERGY

Means direct radiant energy received from the sun.

SOLAR ENERGY SYSTEM

Means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. This system includes battery energy storage systems.

SOLAR ENERGY SYSTEM EASEMENT

Means a written document that creates a legal interest in real property that permits an owner to place, construct or operate a solar energy system facility on the property.

SOLAR ENERGY SYSTEM EMERGENCY

Means a condition or situation at a solar energy system that presents a significant threat of physical danger to human life or a significant threat to property or a natural event that causes damage to solar energy system facilities.

SOLAR ENERGY SYSTEM FACILITY

Means any component of a solar energy system, such as a solar collector, collector circuit, access road, electric system interconnection facility or operation and maintenance facility.

SOLAR ENERGY SYSTEM LEASE

Means a written agreement between a landowner and an owner that establishes the terms and conditions associated with the placement, construction or operation of a solar energy system facility on a landowner's property.

STANDARD TIME

Means the solar time of the ninetieth meridian west of Greenwich.

TURBINE HOST PROPERTY

Means real property on which at least one wind turbine is located.

WIND ACCESS EASEMENT

Means a written document that creates a legal interest in real property that restricts the use of the property to avoid interference with the wind resource on another property.

WIND ENERGY SYSTEM

Has the meaning given in § 66.0403(1)(m), Wis. Stats., and is used to convert wind energy to electrical energy.

WIND ENERGY SYSTEM EASEMENT

Means a written document that creates a legal interest in real property that permits an owner to place, construct or operate a wind turbine or other wind energy system facility on the property.

WIND ENERGY SYSTEM EMERGENCY

Means a condition or situation at a wind energy system that presents a significant threat of physical danger to human life or a significant threat to property or a natural event that causes damage to wind energy system facilities.

WIND ENERGY SYSTEM FACILITY

Means any component of a wind energy system, such as a wind turbine, collector circuit, access road, electric system interconnection facility or operation and maintenance facility.

WIND ENERGY SYSTEM LEASE

Means a written agreement between a landowner and an owner that establishes the terms and conditions associated with the placement, construction or operation of a wind turbine or other wind energy system facility on a landowner's property.