Don't Believe the Hype: Your Community Still Has a Say in Wind Farm Projects

As a Wisconsin farmer or landowner, you've probably heard the claim that if a wind energy project is big enough, your local town or county loses all control. It's a statement that gets repeated often, sometimes by well-meaning neighbors and even local officials.

But let's be clear: That claim is a myth.

We're going to break down why this isn't true and what your local government's real power is when it comes to large wind farm projects. This isn't just about legal details; it's about making sure your community's voice is heard and that your interests—like health, safety, and property values—are protected.

The Misunderstanding: "Local Control is Gone"

The idea that local control vanishes with large projects is a common misconception. You may have heard a version of this from a local board member or a friend: a project's size, measured in "megawatts," means all the power goes to the state and federal government. They might say, "We have no veto power or approval power at the County Level."

This simply isn't how the law works. In fact, it's the exact opposite of what the law intends. While the state's Public Service Commission (PSC) does have a role, it doesn't leave your local government completely powerless.

The Truth: Your Town Can Set Rules

The state law and PSC regulations actually give local authorities a specific, important role. Here’s the key information:

• Your town can pass its own rules. The law says a town or county can't stop a wind project, but it can pass an ordinance (a local rule) that governs it. These local rules just can't be more restrictive than the state's rules.

• Health and safety are your town's priorities. The most powerful tool for your community is the ability to create ordinances that "serve to preserve or protect the public health or safety." This means your town board can pass rules about things like how far a turbine needs to be from a home, how much noise it can make, or how it affects nearby farm operations.

• Small projects are the exception, not the rule. The idea that local control is only for small projects (under 300 Kw) is where the confusion really takes hold. In reality, the rules for small projects are even more relaxed, giving towns less power. For the big projects, your local government has a specific and important job to do.

The Brighton Case: A Game Changer for Wisconsin

A court case called Marathon LLC v. Brighton is a great example of this in action. The court explained in detail what "public health and safety" really means and affirmed that local communities have rights.

For example, the Brighton case clarified that wind companies must talk to local towns before they file their formal application with the state. It also confirmed that towns can require more frequent monitoring of things like noise.

This is why, as of August 2025, some towns like Columbus, Fountain Prairie, and Hampden are already taking action. They have passed resolutions to hire legal help and prepare their own ordinances. They are doing this now, before the wind company has officially filed with the PSC, to ensure they have their own local safeguards in place.

Why is this happening?

If local ordinances were truly a waste of time, why would wind energy developers try so hard to convince communities otherwise? The answer is simple: they know these local rules can be a major factor. They are afraid of your local government enforcing the state's rules because the authority to do so has been given to the towns and counties. Their attempts to discourage you are a tactic to stop your community from passing those safeguard ordinances before the process moves forward.

What You Can Do Right Now

Don't let the legal jargon or misleading information stop you from protecting your land and your community. Here are some action steps:

1. Contact your local officials. Encourage your town or county board to look into their options for creating a wind energy ordinance.

2. Get educated. Understand the state laws and the PSC regulations. You can find this information on the PSC website or by reaching out to the University of Wisconsin-Extension.

3. Work together. Talk to your neighbors and other landowners. A united community has a stronger voice.

Your voice matters. By understanding the truth about local control, you can ensure that any wind energy development in your area respects your rights and protects the future of your farm and your community.