Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
CHAPTER 216F. WIND ENERGY CONVERSION SYSTEMS
| Section | Headnote |
|---|---|
| 216F.01 | DEFINITIONS. |
| 216F.02 | EXEMPTIONS. |
| 216F.03 | SITING OF LWECS. |
| 216F.04 | SITE PERMIT. |
| 216F.05 | RULES. |
| 216F.06 | MODEL ORDINANCE. |
| 216F.07 | PREEMPTION. |
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 of WECS with a combined nameplate
capacity of 5,000 kilowatts or more.
Subd. 3. Small wind energy conversion system or SWECS. "Small wind energy
conversion system" or "SWECS" means any combination of WECS with a combined nameplate
capacity of less than 5,000 kilowatts.
Subd. 4. Wind energy conversion system or WECS. "Wind energy conversion system"
or "WECS" means any device such as a wind charger, windmill, or wind turbine and associated
facilities that converts wind energy to electrical energy.
History: 1995 c 203 s 1
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 of WECS with a combined nameplate
capacity of 5,000 kilowatts or more.
Subd. 3. Small wind energy conversion system or SWECS. "Small wind energy
conversion system" or "SWECS" means any combination of WECS with a combined nameplate
capacity of less than 5,000 kilowatts.
Subd. 4. Wind energy conversion system or WECS. "Wind energy conversion system"
or "WECS" means any device such as a wind charger, windmill, or wind turbine and associated
facilities that converts wind energy to electrical energy.
History: 1995 c 203 s 1
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 chapter shall preclude a local governmental unit from establishing
requirements for the siting and construction of SWECS.
History: 1995 c 203 s 2
(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 chapter shall preclude a local governmental unit from establishing
requirements for the siting and construction of SWECS.
History: 1995 c 203 s 2
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
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 not be contiguous land.
(c) The commission shall make a final decision on an application for a site permit for an
LWECS within 180 days after acceptance of a complete application by the commission. The
commission may extend this deadline for cause.
(d) The commission may place conditions in a permit and may deny, modify, suspend,
or revoke a permit.
History: 1995 c 203 s 4; 2005 c 97 art 3 s 19
(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 not be contiguous land.
(c) The commission shall make a final decision on an application for a site permit for an
LWECS within 180 days after acceptance of a complete application by the commission. The
commission may extend this deadline for cause.
(d) The commission may place conditions in a permit and may deny, modify, suspend,
or revoke a permit.
History: 1995 c 203 s 4; 2005 c 97 art 3 s 19
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 acting on an application for an LWECS;
(3) procedures for notification to the public of the application and for the conduct of a public
information meeting and a public hearing on the proposed LWECS;
(4) requirements for environmental review of the LWECS;
(5) conditions in the site permit for turbine type and designs; site layout and construction;
and operation and maintenance of the LWECS, including the requirement to restore, to the extent
possible, the area affected by construction of the LWECS to the natural conditions that existed
immediately before construction of the LWECS;
(6) revocation or suspension of a site permit when violations of the permit or other
requirements occur; and
(7) payment of fees for the necessary and reasonable costs of the commission in acting on a
permit application and carrying out the requirements of this chapter.
History: 1995 c 203 s 5; 2005 c 97 art 3 s 19
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 acting on an application for an LWECS;
(3) procedures for notification to the public of the application and for the conduct of a public
information meeting and a public hearing on the proposed LWECS;
(4) requirements for environmental review of the LWECS;
(5) conditions in the site permit for turbine type and designs; site layout and construction;
and operation and maintenance of the LWECS, including the requirement to restore, to the extent
possible, the area affected by construction of the LWECS to the natural conditions that existed
immediately before construction of the LWECS;
(6) revocation or suspension of a site permit when violations of the permit or other
requirements occur; and
(7) payment of fees for the necessary and reasonable costs of the commission in acting on a
permit application and carrying out the requirements of this chapter.
History: 1995 c 203 s 5; 2005 c 97 art 3 s 19
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
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
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
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