18-5-501. Definitions. (a) As used in this article: (i) “Industrial siting council” or “council” means the council created by W.S. 35-12-104; (ii) “Wind energy facility” means any wind powered electrical generation development consisting of an individual wind turbine or multiple wind turbines rated by the manufacturer to generate more than one-half (0.5) megawatt of electricity […]
18-5-502. County regulation of wind or solar energy projects; exceptions. (a) It is unlawful to locate, erect, construct, reconstruct or enlarge a facility without first obtaining a permit from the board of county commissioners in the county in which the facility is located. (b) If a facility is to be located in two (2) or […]
18-5-503. Application. (a) To obtain the permit required by W.S. 18-5-502, the owner or developer of a facility shall submit an application to the board of county commissioners. The application shall: (i) Certify that reasonable efforts have been undertaken to provide notice in writing to all owners of land within one (1) mile of the […]
18-5-504. Minimum standards; incorporation into other processes. (a) No board of county commissioners shall issue a permit for a facility if that facility: (i) Does not comply with standards properly adopted by the board of county commissioners for the construction of wind energy facilities or solar energy facilities, which standards shall not be less stringent […]
18-5-505. Complete applications; notice. Upon receipt of an application, the board of county commissioners shall conduct a review of the application to determine if it contains all the information required by W.S. 18-5-503 and any applicable rules and regulations. If the board of county commissioners determines that the application is incomplete, it shall within thirty […]
18-5-506. Hearing and public comment. Any board of county commissioners receiving an application to permit a facility shall hold a public hearing to consider public comment on the application no less than forty-five (45) days and not more than sixty (60) days after determining that the application is complete. Written comment on the application shall […]
18-5-507. Decision of the board; findings necessary. (a) Within forty-five (45) days from the date of completion of the hearing required by W.S. 18-5-506, the board shall make complete findings, issue an opinion, render a decision upon the record either granting or denying the application and state whether or not the applicant has met the […]
18-5-508. Remedies. (a) Any party aggrieved by the final decision of the board of county commissioners may have the decision reviewed by the district court pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure. (b) When a decision is issued after hearing on an application for a permit under this article, the decision […]
18-5-509. Referral. (a) Any board of county commissioners which receives an application to permit a wind energy facility or solar energy facility which does not meet the definition of an industrial facility as defined in W.S. 35-12-102(a)(vii)(E) or (G) may refer the facility to the industrial siting council for additional permitting consistent with the requirements […]
18-5-510. Binding effect. Upon referral of a facility to the industrial siting council pursuant to W.S. 18-5-509, the facility shall not be withdrawn from the council’s consideration without consent of the council. Any decision by the council shall be final except as provided in this article or pursuant to the remedies provided to other facilities […]
18-5-511. Revocation or suspension of permit. (a) A permit may be revoked or suspended for: (i) Any material false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted the refusal to grant a permit; (ii) Failure to comply with the terms or conditions […]
18-5-512. Penalties for violations. (a) No person shall: (i) Commence to construct a wind energy facility on or after July 1, 2010 or a solar energy facility on or after July 1, 2020 without first obtaining a permit required by this article; (ii) Construct, reconstruct, operate, locate, erect, maintain, enlarge, change or use a facility, […]
18-5-513. Fees. (a) A board of county commissioners which receives an application under this article for the permitting of a facility may charge the applicant a reasonable fee which shall not exceed the reasonably anticipated costs of processing and considering the application and conducting public hearings. (b) The board of county commissioners also may collect […]
