§ 17-160.20 — Setback requirements.

Oklahoma § 17-160.20

• Jurisdiction: Oklahoma
• Title 17: Corporation Commission

Text

A. After August 21, 2015, no wind energy facility may be constructed if the base of any tower is located at a distance of less than: 1. One and one-half (1 1/2) nautical miles from the center line of any runway located on: a. a public-use airport as defined in Section 120.2 of Title 3 of the Oklahoma Statutes, or b. an airport owned by a municipality; 2. One and one-half (1 1/2) nautical miles from any public school which is a part of a public school district; or 3. One and one-half (1 1/2) nautical miles from a hospital. B. Attestation of compliance with the setback requirements in this section shall be included in any reports required by the Corporation Commission. Stakeholder and landowner disputes arising under subsection A of this section shall fall under the exclusive jurisdiction of the district courts. The Corporation Commission may seek enforcement of the submission and attestation requirements of this subsection and subsection C of this section through its administrative court system. C. After April 3, 2018, construction or operation of a proposed individual wind turbine or any other individual structure requiring a Federal Aviation Administration (FAA) Form 7460-1 that is part of a wind energy facility shall not encroach upon or otherwise have a significant adverse impact on the mission, training or operations of any military installation or branch of military as determined by the Military Aviation and Installation Assurance Siting Clearinghouse (Clearinghouse) and the FAA. Areas of impact include, but are not limited to, military training routes, drop zones, approaches to runways and bombing ranges. No individual wind turbine or any other individual structure that requires a FAA 7460-1 form that is part of a wind energy facility may be constructed or expanded unless there is an active Determination of No Hazard from the FAA and adverse impacts to the United States Department of Defense, pursuant to Title 32 of the Code of Federal Regulations, Section 211.6, have been resolved as evidenced by documentation from the Clearinghouse for the individual wind turbine or other individual structure. The Mission Compatibility Certification Letter or successor form may serve as such evidence of adverse impacts being resolved with the Department of Defense or successor agency. 1. The Determination of No Hazard and documentation of the resolution of adverse impacts to the Department of Defense shall be filed with the Corporation Commission and the Oklahoma Department of Aerospace and Aeronautics. 2. The requirements established by this subsection shall not prohibit the construction of an individual wind turbine or any other individual structure requiring a FAA 7460-1 form that is part of a wind energy facility if that individual wind turbine or other individual structure has received a Determination of No Hazard or mitigation plan on or before April 3, 2018. 3. The Corporation Commission is authorized to promulgate rules and regulations for the implementation of the provisions of this section and Section 160.21 of this title. D. If an owner of a wind energy facility fails to submit an active Determination of No Hazard and documentation that adverse impacts to the Department of Defense have been resolved by the Clearinghouse for the individual wind turbine or other individual structure prior to the start of construction, the owner shall be subject to an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per day, per violation from the Corporation Commission as provided by law. In addition, stakeholders, including, but not limited to, the Corporation Commission or the Oklahoma Department of Aerospace and Aeronautics may institute an action in any court of general jurisdiction to prevent, restrain, correct or abate any violation of subsection C of this section other than Corporation Commission actions related to submissions or attestations.

Legislative History

Added by Laws 2015, c. 92, § 2. Amended by Laws 2017, c. 45, § 2, emerg. eff. April 17, 2017; Laws 2018, c. 4, § 1, emerg. eff. April 3, 2018; Laws 2019, c. 310, § 1, emerg. eff. May 7, 2019; Laws 2023, c. 126, § 21, eff. Nov. 1, 2023. NOTE: Laws 2018, c. 179, § 1 repealed by Laws 2019, c. 25, § 7, emerg. eff. April 4, 2019.