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Siting Process
RESET: Engaging Wisconsin Communities in Renewable Energy
Siting Process
Siting Process
When a large-scale solar or wind energy project is proposed in Wisconsin, a specific state review process determines whether it can move forward. Understanding how that process works — and where the public has a voice — is one of the most important things a community can do to prepare.
This page walks through the Public Service Commission (PSC) review process step by step, explains when and how community members can submit comments, and describes what local governments can do even when they don’t have final permitting authority.
How Does Large-Scale Permitting Work?
In Wisconsin, the large-scale permitting process depends on the project’s megawatt size.
1 megawatt (MW) of solar uses an average of 7 acres and powers about 150 homes.
100+ Megawatts
Local communities handle permitting large-scale solar projects up to 100 MW.
- Can use the permitting process to address health, safety, environmental, and zoning concerns.
- Cannot impose a moratorium on these projects.
- The PSCW may also review and decide on some projects below 100 MW that are proposed by a regulated public utility.
1-99.9 Megawatts
The Public Service Commission of Wisconsin (PSC) has siting authority for all electric generation facilities 100 MW or larger, including large-scale solar projects.
Local government zoning processes do not apply, but communities are encouraged to participate in the review process and provide input.
- The PSC considers environmental, safety, and planning concerns communities have identified, for example in comprehensive plans or ordinances.
- The PSC collects public comments about a project via mail, online, and in-person at public hearings.
PSC Review Process Flowchart
Before Application
An engineering plan is submitted to DNR 60+ days before the CPCN Application.
For wind projects, pre-application requirements from PSC 128 require 90 days for all projects and 180 days for turbines taller than 600 ft.
A letter notifying the public that the PSC review process has begun is mailed to property owners near the project, government officials, libraries, media, and other interested agencies and individuals, and the letter will state the level of environmental review needed, provide contact details, and may describe the environmental scoping period where comments are gathered to start the environmental review process.
Developers may also hold optional public open houses.
CPCN Application
The developer applies to the PSC and the PSC confirms the application is complete, at which point a case is created and a docket is opened, and the PSC mails a letter notifying the public.
The Certificate of Public Convenience and Necessity (CPCN) application includes the project overview, a technical description of the project, project maps, construction sequence, potential impacts on natural and community resources, local government impacts, landowners affected and public outreach, waterway/wetland permitting activities, and DNR information on erosion control and stormwater management plans.
Utility-proposed projects may also require an Agricultural Impact Statement from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
Scoping Period
There is a scoping comment period of at least 10 days on all new large-scale solar projects while the PSC determines whether an Environmental Assessment is sufficient or an Environmental Impact Statement is required.
Environmental Review
If an Environmental Assessment is deemed sufficient for project review, PSC and DNR staff will develop an EA that describes the impacts of the project. Once the PSC makes that initial decision about whether an EIS is needed, there will be a 15-day public comment period and the public can submit comments about the PSC’s decision and the project’s environmental impacts. PSC staff will review those comments and decide on any changes to the EA or need for a full EIS.
If an EIS is required for project review, a draft EIS will be published with a public comment period of at least 45 days. These comments will be entered into the record for consideration by the PSC commissioners.
Public comments can be submitted by mail, online, or in person.
Public Comment
There are multiple opportunities to get involved in the siting review process. Local government, organizations, and individuals can read the notification letter and project application, attend public information meetings and any PSC scoping meetings, submit comments to the PSC, review and comment on environmental reports, and speak at PSC public hearings. There are several windows for public comment on any PSC reviewed energy generation project.
Project Hearings
If you give public testimony, be clear about who you are, how you are connected to the case, your perspective and why you feel that way, and suggest a reasonable alternative if possible.
See the PSC’s page on participating in the siting process, including requirements of a public comment and suggestions for making effective comments.
Commission Decision
The Commission issues its final decision on whether to approve, modify, or deny the project. The PSC issues a written order to the applicant describing the decision.
Project Construction
Once a project has a CPCN, as well as any required federal, state and local permits, they can begin construction.
Siting Process Resources
Permitting Process Flow Chart
For a deeper dive, this flow chart created by the Wisconsin Legislative Council shows the PSC and DNR permitting process for large electric generating facilities.
