§ 18-5-503 — Application

Wyoming § 18-5-503

• Jurisdiction: Wyoming
• Title 18: Counties
• Ch. 5: PLANNING AND ZONING
• Art. 5: WIND AND SOLAR ENERGY FACILITIES

Text

(a) To obtain the permit required by W.S. 18-5-502, the
owner or developer of a facility shall submit an application to
the board of county commissioners. The application shall:
(i) Certify that reasonable efforts have been
undertaken to provide notice in writing to all owners of land
within one (1) mile of the proposed facility, to the military
installation commander or the commander's designee if there are
any active federal military missile launch or control facilities
within five (5) miles of the proposed facility, to the
department of transportation and to all cities and towns located
within twenty (20) miles of the facility. Notice shall include
a general description of the project including its location,
projected number and capacity of turbines or solar energy
facilities, the likely routes of ingress and egress and the
likely location of electric transmission and other related
facilities;
(ii) Certify that notice of the proposed facility
will be published in a newspaper of general circulation in all
counties in which the facility will be located at least twenty
(20) days prior to the public hearing required by W.S. 18-5-506.
The notice shall include a brief summary of the facility, invite
the public to submit comments and identify the time and date of
the hearing;
(iii) Certify that the proposed facility will comply
with all the standards required by W.S. 18-5-504;
(iv) Certify that the proposed facility will comply
with all applicable zoning and county land use regulations,
which regulations shall be no less stringent than the standards
required by this article;
(v) Certify that a written emergency management plan
has been submitted for review and comment to the county fire
warden, county emergency management coordinator and the county
sheriff. If the permit is granted, the plan shall be
supplemented and revised following construction of the facility
and prior to its operation if there are any variations in the
facility's construction which would materially impact the
original emergency management plan;
(vi) Provide a waste management plan that includes an
inventory of estimated solid wastes and a proposed disposal
program for the construction, operation and eventual
decommissioning of the proposed facility;
(vii) Provide evidence sufficient for the board of
county commissioners to determine if the proposed facility has
adequate legal access. The application also shall describe how
private roadways within the facility will be marked as private
roadways and shall acknowledge that no county is required to
repair, maintain or accept any dedication of the private
roadways to the public use. The application also shall include
a traffic study of any public roadways leading to and away from
the proposed facility and the board of county commissioners and
department of transportation may require the applicant to enter
into a reasonable road use agreement for the use of county roads
or state highways prior to construction of the facility;
(viii) Provide a project plan indicating the proposed
roadways, tower locations, substation locations, transmission,
collector and gathering lines and other ancillary facility
components. If the application is granted, the board of county
commissioners shall require that the project plan be revised to
show the final location of all facilities;
(ix) Certify that there shall be no advertising or
promotional lettering on any solar energy facility, tower,
turbine, nacelle or blade beyond the manufacturer's or the
applicant's logo on the solar energy facility or the nacelle of
the turbine;
(x) Provide a site and facility reclamation and
decommissioning plan which indicates the planned life of the
facility and the means by which the facility and its site will
be decommissioned and reclaimed at the end of the facility's
life and which certifies that any owner of land within the
facility and its site who is not the applicant has been
consulted in development of the reclamation and decommissioning
plan. Such plan shall comply with all requirements adopted by
the industrial siting council under W.S. 35-12-105(d). If the
permit is granted, the plan shall be updated every five (5)
years until site reclamation and decommissioning is complete;
(xi) For wind energy facilities and solar energy
facilities not meeting the definition of an industrial facility
as defined in W.S. 35-12-102(a)(vii)(E) or (G), provide a
detailed summary of any significant adverse environmental,
social or economic effects that the proposed facility may have
together with any preliminary plans developed to alleviate any
of the adverse effects.
(b) A facility subject to this article shall meet the
requirements adopted pursuant to W.S. 35-12-105(d) and (e)
regardless of whether the facility is referred to the industrial
siting council pursuant to W.S. 18-5-509 or is otherwise subject
to the industrial siting act.