When it comes to large-scale renewable energy action at the local level, local governments and communities should understand the Wisconsin laws and policies that govern siting and approval of these projects. Here are the highlights of what to know and the related statutes:
Community Influence Related to Large-Scale Solar and Wind in Wisconsin
Based on the Wisconsin Laws listed below, here are the key takeaways:
Does the county have authority over a solar development project that is 100MW or larger?
No. For large-scale solar projects of 100 megawatts or larger, the county does not have authority to approve or deny the project. This authority lies with the Public Service Commission of Wisconsin [§196.491 Wis. Stats]. In Wisconsin, 100MW is the definition of a large-scale project.
What authority does the county have to regulate solar projects?
The county cannot regulate solar projects using zoning authority but can adopt a siting ordinance consistent with PSC 128 Wis. Admin. Code, §66.0401 Wis. Stats. and §196.491 Wis. Stats. 2.
Local government documents that can include language regarding the development of solar facilities on agricultural land include land use plans, zoning ordinances, and development plans. Then, include this in the comprehensive plan.
In private long-term lease agreements, the landowner agrees to changes in land use.
What are the developers’ fiscal requirements to support the communities where large-scale projects are built and operated?
For large-scale renewable energy projects 50 megawatts or larger, developers pay the county and local jurisdictions per megawatt per year.
Wisconsin Solar and Wind Access Laws
Wisconsin has several laws to protect a resident’s rights to install and operate solar systems and wind:
- Wis. Stat. § 60.61 limits local zoning restrictions. It specifically authorizes towns to enact zoning ordinances to provide “adequate access to sunlight for solar collectors and to wind for wind energy systems.”
- Under Wis. Stat. § 66.0401, local governments — counties, towns, cities and villages — may not place any restriction on the installation or use of solar or wind energy systems unless the restriction: serves to preserve or protect public health or safety does not significantly increase system cost or efficiency allows for an alternative system of comparable cost and efficiency
- Wis. Stat. § 236.292 limits private land use restrictions. It voids all restrictions on platted land that prevent or unduly restrict the construction or operation of solar and wind energy systems. This law effectively prohibits private land use controls (e.g., deed restrictions, homeowner association regulations, easements, etc.) from preventing the installation and operation of wind and solar energy systems.
- Wis. Stat. § 700.41 and Wis. Stat. § 844.22 ensure and maintain a person’s right to sun wind into the future against development that blocks solar access and vegetative growth that interferes with solar or wind system function.
- Chapter PSC 119: Interconnection: Rules for Interconnecting Distributed Generation Facilities, a 2017 Chapter from the Public Service Commission of Wisconsin, outlines rules for distributed generation in Wisconsin.
- Chapter PSC 128: Wind Energy Systems, a 2012 Chapter from the Public Service Commission of Wisconsin, outlines rules for wind siting in Wisconsin. Chapter PSC 128 Website
- Chapter 196: Regulation of Public Utilities
Wisconsin State Government Policies and Plans
The state of Wisconsin has adopted goals that will transform our energy grid to clean renewable energy by 2050. In order to get to the state goal of 100% carbon emission reduction, Wisconsin will be building out its grid to include large-scale solar, wind, and energy storage. The documents listed here include the goals and a plan for how we are going to meet them.
The State Of Wisconsin Clean Energy Plan and Updates (2022-present), is a site of the Office of Sustainability and Clean Energy (OSCE) that is in charge of producing the state climate plan and the Priority Climate Action Plan (PCAP) for the US EPA that will enable Wisconsin to bring in federal funding for implementation projects. The site contains links to:
- State of Wisconsin Clean Energy Plan (April 2022) prepared by the WI Office of Sustainability and Clean Energy, Great Plains Institute, and Slipstream, April 2022.
- 2024 Clean Energy Plan Progress Report by the Wisconsin Office of Sustainability and Clean Energy, August, 2024 enumerates 2024 accomplishments towards Wisconsin’s goals.