216F.01 DEFINITIONS. Subdivision 1. Scope. As used in this chapter, the terms defined in section 216E.01 and this section have the meanings given them, unless otherwise provided or indicated by the context or by this section. Subd. 2. Large wind energy conversion system or LWECS. “Large wind energy conversion system” or “LWECS” means any combination […]
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 […]
216F.012 SIZE ELECTION. (a) A wind energy conversion system of less than 25 megawatts of nameplate capacity as determined under section 216F.011 is a small wind energy conversion system if, by July 1, 2009, the owner so elects in writing and submits a completed application for zoning approval and the written election to the county […]
216F.015 REQUIREMENTS CODED ELSEWHERE. Requirements governing certain towers are established in section 360.915. History: 2020 c 100 s 19
216F.02 EXEMPTIONS. (a) The requirements of chapter 216E do not apply to the siting of LWECS, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply. (b) Any person may construct an SWECS without complying with chapter 216E or this chapter. (c) Nothing in this […]
216F.03 SITING OF LWECS. The legislature declares it to be the policy of the state to site LWECS in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources. History: 1995 c 203 s 3
216F.04 SITE PERMIT. (a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission. (b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission. The permitted site need […]
216F.05 RULES. The commission shall adopt rules governing the consideration of an application for a site permit for an LWECS that address the following: (1) criteria that the commission shall use to designate LWECS sites, which must include the impact of LWECS on humans and the environment; (2) procedures that the commission will follow in […]
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
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
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 […]
216F.081 APPLICATION OF COUNTY STANDARDS. A county may adopt by ordinance standards for LWECS that are more stringent than standards in commission rules or in the commission’s permit standards. The commission, in considering a permit application for LWECS in a county that has adopted more stringent standards, shall consider and apply those more stringent standards, […]
216F.084 WIND TURBINE LIGHTING SYSTEMS. Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) “Duration” means the length of time during which the lights of a wind turbine lighting system are lit. (c) “Intensity” means the brightness of a wind turbine lighting system’s lights. (d) “Light-mitigating […]
