Wind Turbine Information
July 26, 2007
Wisconsin was the first state to have a Renewable Portfolio Standard (RPS) established
in advance of competition. It was adopted on October 27, 1999. It requires utilities to
have a certain percentage of power provided from renewable sources (such as fuel cells
that use renewable fuels, geothermal electric, biomass, and wind power, among others).
The percentage of renewable power required of utilities is as follows:
0.5% by 12/31/01
1.55% by 12/31/07
0.85% by 12/31/03
1.9% by 12/31/09
1.2% by 12/31/05
2.2% by 12/31/07
Governor Doyle announced in October of 2006 that his goal was to have 25% renewable
power by 2025.
Wisconsin was the second state to establish a public benefits fund regarding its electric
utilities, doing so in October of 1999. That fund supports, among other things, renewable
energy projects.
The State of Wisconsin has passed a law, codified as Section 66.0401, which specifically
limits what local governments can do regarding the location and installation of wind
turbines.
The Wisconsin Court of Appeals, in 2001, upheld the validity of the statute cited above
and made specific comments regarding the limitations placed on local governments.
The first modern wind turbine in Calumet County was erected in May, 2005, on the
Marvin Ecker farm, which is located on Quinney Road in Stockbridge. It is clearly
visible from Highway 55.
Calumet County placed a moratorium, not to exceed six months in length, on the
construction of further wind turbines. This was done by Board action on May 17, 2005.
The first ordinance regulating wind turbines in Calumet County was passed by the
County Board of Supervisors on September 27, 2005.
The Ecker Brothers partnership filed suit against Calumet County on June 16, 2006,
seeking to build additional wind turbines without complying with the ordinance which
was passed on September 27, 2005. This case was ruled in favor of the County in 2007.
The Supreme Court of Wisconsin filed an opinion on July 11 of 2006 (Jackson County
vs. State of Wisconsin DNR, et. al.) which interpreted and severely limited county “home
rule” powers, obliging counties among other things to follow the “spirit” of state
legislation.
Calumet County passed an ordinance in October of 2006 tightening the requirements for
wind energy construction and permitting.
In November of 2006, a number of residents filed suit against Calumet County, seeking
more stringent requirements for wind energy systems. This case is still pending, and is
being heard in Federal court.
In April of 2007, the Manitowoc County district court voided a county conditional use
permit for seven wind turbines granted to Emerging Energies LLP in July of 2006, since
it did not apply the standards in the county’s amended ordinance of May 2006.
In June of 2007, Emerging Energies LLP filed suit against Manitowoc County, alleging
that 18 requirements in their amended ordinance are contrary to state law.
Calumet County passed an ordinance in June of 2007 effectively limiting the locations
that large turbines could be placed in areas subject to County zoning. At the same time, it
made clear that each individual turbine would not be the subject of a conditional use
permit, but that they would be judged by the common standards of Chapter 79.
On July 17, 2007, the Calumet County Board of Supervisors further tightened their
ordinance by adding specific provisions concerning meteorological towers, which are
commonly erected by wind turbine developers prior to turbine construction.
As this is written, no firms have filed completed applications to build wind turbine
projects in Calumet County. Several firms are known to be contacting landowners and
investigating possible sites for such projects. The Ecker brothers attempted to file an
incomplete application for a turbine in December of 2006, but it was returned to them to
be finished. As this is written it has not been completed and submitted.
Permits have been issued for five projects in nearby counties: Navitas has proposed a 49
turbine project in Manitowoc County. The Town of Glenmore in Brown County
approved a conditional use permit for Emerging Energies /Shirley Wind LLC to build
eight turbines, in March of 2007. The Public Service Commission approved a WE
Energies 200 megawatt project for Fond du Lac County in January of 2007, and that
project is currently under construction just south of our county line. Alliant-WPL has
proposed a 98 megawatt project in Fond du Lac County, to go into service in 2007-2008,
and Invenergy has proposed a 200 megawatt project in Fond du Lac and Dodge counties,
to go into service in 2007-2009. The latter project was the subject of a lawsuit (filed
against the state Public Service Commission) seeking to reverse that approval; in July of
2007 the Court of Appeals ruled in favor of the Public Service Commission, affirming an
earlier Dodge County district court decision.
This information compiled by County staff – contact County Administrator for updates.