Wind Energy Permitting Standards

All wind facilities larger than 0.5 megawatts (MW) that begin construction after July 1, 2010, must obtain a permit from any county in which the facility is located. Facilities must also obtain permits for any enlargements. Applications for permits are submitted to the board of county commissioners and must*:

• Certify that steps were taken to notify all land owners within one mile and all towns located within 20 miles
• Certify that notification of the proposed wind facility will be published in the newspaper at least 20 days prior to a public hearing (which must held by the county commissioners to hear public comment)

The base of any tower must be at least 110% of the maximum height of the tower away from any property line or public road. Towers must be at least 1,000 feet from residential dwelling or occupied structure, one-quarter mile from any platted subdivision, and at least one-half mile from any city limits. These rules may be waived with permission from residents or owners.

HB 79 created a task force on wind energy to rule on the power of eminent domain as it relates to wind energy construction. The task force ruled that private companies do not have eminent domain; however, regulated public utilities retain this power.

In addition, HB 101 requires that wind facilities pay a tax on wind energy production at the rate of $1.00 per MW or portion thereof, effective January 1, 2012. Facilities owned and operated by state, federal or county governments are exempt from the tax, as is electricity produced for personal consumption.

* The full set of permitting requirements can be found in Wyoming Statute § 18-5-500 et seq.