Local Government Actions

Local governments can use comprehensive plans to document land use priorities, planned development, and preferred locations for renewable energy projects. Under Wisconsin Statute §196.491(3d): Review of large electric generating facilities, the Public Service Commission (PSC) must consider whether a proposed large energy facility would interfere with land use and development during review. For projects 100 megawatts or larger, which require a Certificate of Public Convenience and Necessity under Wisconsin Statute §196.491(3): Certificate of Public Convenience and Necessity requirement, comprehensive plans provide an important way for local governments to communicate land use priorities to the PSC.

State law limits how restrictive local ordinances can be. Wisconsin Statute §66.0401(4f): Limitations on regulation of solar and wind energy systems requires that local permit requirements for renewable energy projects not be more restrictive than state standards established by the Public Service Commission (PSC). For this reason, local solar ordinances often reference PSC Chapter 128, which establishes requirements for wind energy systems. Within these limits, communities may still clarify local expectations, require financial assurance for decommissioning, and establish a transparent local permitting process that aligns with state law and PSC rules.

Local governments may choose to negotiate a developer agreement with a solar developer to address issues that cannot be required through zoning or ordinances alone. These agreements are private contracts that can include things like additional payments, road repairs, or extra setbacks for neighboring properties. Developer agreements are most common for large projects, but developers have also expressed interest in using them for smaller projects to support cooperation and community benefits.