§ 35-12-106 — Permit from council required before commencing construction of facility; electronic permitting; amendments; exceptions; federal requirements

Wyoming § 35-12-106

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 12: INDUSTRIAL DEVELOPMENT AND SITING

Text

(a) No person shall commence to construct a facility, as
defined in this chapter, in this state without first obtaining a
permit for that facility from the council. Any facility, for
which a permit is required, shall be constructed, operated and
maintained in conformity with the permit and any terms,
conditions and modifications contained in the permit. A permit
may only be issued pursuant to this chapter or pursuant to the
provisions of W.S. 18-5-501 through 18-5-513 for facilities
referred to the council.
(b) A permit may be transferred, subject to council
approval, to a person who agrees to comply with the terms,
conditions and modifications contained in the permit.
(c) Except as provided in subsection (d) of this section,
the council may allow the amendment of a permit or application
for a permit for good cause if the holder demonstrates to the
council at its next meeting that the requested change is in
compliance with local ordinances and applicable land use plans
and will not significantly add to adverse environmental, social
and economic impact in the impacted area.
(d) On an application for an amendment of a permit, the
council shall hold a hearing in the same manner as a hearing is
held on an application for a permit if in the council's opinion
the requested change in the facility would result in a
significant adverse increase in any environmental, social or
economic impact of the facility or a change in the location of
all or a portion of the facility unless the change in location
was specifically approved by the council in the permit.
(e) The council may waive the application and permit
provisions of this chapter if the applicant establishes by clear
and convincing proof that an emergency exists created by the
loss or damage to an existing facility which seriously threatens
the health, safety and welfare of the public.
(f) The council may allow the permitting and reporting
requirements of this act to be conducted electronically as
provided by the Uniform Electronic Transaction Act, W.S.
40-21-101 through 40-21-119.
(g) For a permit issued for a facility meeting the
definition of W.S. 35-12-102(a)(vii)(E), there shall be no
vertical construction of a wind turbine within two (2) nautical
miles of any active federal military missile launch or control
facility, unless the owner or developer of the facility first
obtains and furnishes documentation to the division of:
(i) A written determination of no adverse impact on
nuclear security operations from the military installation
commander or the commander's designee. The determination shall
not be unreasonably withheld or denied;
(ii) A determination of no hazard from the federal
aviation administration; and
(iii) Documentation from the federal military
aviation and installation assurance siting clearinghouse that
resolves any potential adverse impact on military operations and
readiness and that commits to implement required mitigation
measures.