The Truth About Local Control and Wind Farms: What Wisconsin Farmers Need to Know

Have you ever heard someone say that local towns and counties have no say when a big wind energy project comes to town? It's a claim that often gets passed around, especially when a project is bigger than 300 kilowatts. You might have even been told that all control goes to the state and federal government.

Well, that's not the whole story. As Wisconsin farmers and landowners, it's important to know the real facts about your rights and your local government's role. Let's clear up this common misunderstanding and look at what the law actually says.

The Myth: Your Town Can't Do Anything

You've probably seen a message like this from a local board member or a neighbor: "The project is too big, so the county can't do anything. The state and federal governments have total control."

This idea is widespread, but it's not accurate. While the state's Public Service Commission (PSC) does have a big role, it doesn't mean your local town, village, or county is powerless. In fact, the state law and regulations actually give local governments some specific powers—as long as they follow the rules.

The Reality: You Have a Voice, and So Do Your Local Officials

Here's the key takeaway: Local governments still have some authority over large wind projects, but they have to play by the rules set at the state level.

The law is designed to balance the state's interest in energy development with the public's health and safety. Here’s how it works:

• Local ordinances are allowed, but they must be reasonable. Your local government can pass ordinances about wind energy systems. The catch is that these rules can't be more strict than the ones the state PSC has already put in place. Think of it like this: your town can make its own rules for building a barn, but it still has to follow the overall state building code.

• Health and safety are key. The state law specifically says that local governments can create restrictions that "serve to preserve or protect the public health or safety." This is your town's most important tool. For example, local ordinances can address things like setback distances from homes or noise levels from turbines to protect residents' well-being.

• The size of the project doesn't mean a total loss of control. The idea that projects over 300 Kw automatically mean a loss of local control is backwards. The special rules that give local governments more flexibility are actually for small projects (those under 300 Kw). For bigger projects, your town's authority is different but still exists.

• I will never tell you anything that I don't have a receipt for. We have posted Brighton, the statutes, and the PSC's rules for you to see for yourself

What Does This Mean for You in Wisconsin?

Wind farm developers sometimes try to discourage local action by saying it's a waste of time. But the fact that they go to great lengths to stop local towns from passing ordinances tells you something important: they know these ordinances can be a powerful tool for residents.

In a recent legal case involving a project in Brighton, the court emphasized that local governments must be involved. The decision highlighted that developers need to talk with local townships before they even file a formal application with the state. It also affirmed that local governments can require more frequent monitoring for things like noise and shadow flicker.

This is why some townships in Wisconsin, like Columbus, Fountain Prairie, and Hampden, are already working with legal counsel to prepare ordinances. By getting these rules in place before a company files a petition with the PSC, they are using their authority to protect the community's interests from the very start.

What Can You Do?

If a wind project is proposed in your area, don’t be discouraged by claims of "no local control." Here are a few things you can do:

• Talk to your local officials. Encourage your town board, village board, or county board to look into creating ordinances that protect public health and safety.

• Get informed. Understand what the state PSC rules are so you know what your local government is able to do. You can find these rules on the PSC website.

• Consider talking to an attorney. A lawyer who specializes in land use and municipal law can help your local government understand its legal rights and draft effective ordinances.

Your farm and your community are a vital part of Wisconsin. Knowing your rights and the authority of your local government is the first step to making sure your voice is heard.