Section 216F.06 — Model Ordinance.
216F.06 MODEL ORDINANCE. The commission may assist local governmental units in adopting ordinances and other requirements to regulate the siting, construction, and operation of SWECS, including the development of a model ordinance. History: 1995 c 203 s 6; 2005 c 97 art 3 s 19
Section 216F.07 — Preemption.
216F.07 PREEMPTION. A permit under this chapter is the only site approval required for the location of an LWECS. The site permit supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances adopted by regional, county, local, and special purpose governments. History: 1995 c 203 s 7
Section 216F.08 — Permit Authority; Assumption By Counties.
216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES. (a) A county board may, by resolution and upon written notice to the Public Utilities Commission, assume responsibility for processing applications for permits required under this chapter for LWECS with a combined nameplate capacity of less than 25,000 kilowatts. The responsibility for permit application processing, if assumed by a […]
Section 216F.011 — Size Determination.
216F.011 SIZE DETERMINATION. (a) The total size of a combination of wind energy conversion systems for the purpose of determining what jurisdiction has siting authority under this chapter must be determined according to this section. The nameplate capacity of one wind energy conversion system must be combined with the nameplate capacity of any other wind […]
Section 216E.10 — Application To Local Regulation And Other State Permits.
216E.10 APPLICATION TO LOCAL REGULATION AND OTHER STATE PERMITS. Subdivision 1. Site or route permit prevails over local provisions. To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent […]
Section 216E.11 — Improvement Of Sites And Routes.
216E.11 IMPROVEMENT OF SITES AND ROUTES. Utilities that have acquired a site or route in accordance with this chapter may proceed to construct or improve the site or route for the intended purposes at any time, subject to section 216E.10, subdivision 2, provided that if the construction and improvement has not commenced within four years […]
Section 216E.12 — Eminent Domain Powers; Power Of Condemnation.
216E.12 EMINENT DOMAIN POWERS; POWER OF CONDEMNATION. Subdivision 1. Generally. Nothing in this section shall invalidate the power of eminent domain vested in utilities by statute or common law existing as of May 24, 1973, except to the extent modified herein. The power of eminent domain shall continue to exist for utilities and may be […]
Section 216E.13 — Failure To Act.
216E.13 FAILURE TO ACT. If the commission fails to act within the times specified in section 216E.03, the applicant or any affected person may seek an order of the district court requiring the commission to designate or refuse to designate a site or route. History: 1973 c 591 s 14; 1975 c 271 s 6; […]
Section 216E.14 — Revocation Or Suspension.
216E.14 REVOCATION OR SUSPENSION. A site or route permit may be revoked or suspended by the commission after adequate notice of the alleged grounds for revocation or suspension and a full and fair hearing in which the affected utility has an opportunity to confront any witness and respond to any evidence against it and to […]
Section 216E.15 — Judicial Review.
216E.15 JUDICIAL REVIEW. Any applicant, party or person aggrieved by the issuance of a site or route permit or emergency permit from the commission or a certification of continuing suitability filed by a utility with the commission or by a final order in accordance with any rules promulgated by the commission, may appeal to the […]