§ 18-5-504 — Minimum standards; incorporation into other processes

(a) No board of county commissioners shall issue a permit
for a facility if that facility:
(i) Does not comply with standards properly adopted
by the board of county commissioners for the construction of
wind energy facilities or solar energy facilities, which
standards shall not be less stringent than the standards
required by this article, except as allowed by this section;
(ii) For wind energy facilities, would locate the
base of any tower at a distance of less than one hundred ten
percent (110%) of the maximum height of the tower from any
property line contiguous or adjacent to the facility, unless
waived in writing by the owner of every property which would be
located closer than the minimum distance;
(iii) For wind energy facilities, would locate the
base of any tower at a distance of less than one hundred ten
percent (110%) of the maximum height of the tower from any
public road right-of-way;
(iv) For wind energy facilities, would construct any
tower or other structure, other than underground structures,
transmission lines, roadways and structures appurtenant to
roadways, at a distance of less than five and one-half (5.5)
times the maximum height of the tower, but in no event less than
one thousand (1,000) feet from any platted subdivision unless
this restriction is waived in writing by the owners of all lands
included within the distance specified in this paragraph;
(v) For wind energy facilities, would locate the base
of any tower at a distance of less than five and one-half (5.5)
times the maximum height of the tower, but in no event less than
one thousand (1,000) feet from a residential dwelling or
occupied structure, unless waived in writing by the person
holding title to the residential dwelling or occupied structure;
(vi) For wind energy facilities, would locate the
base of any tower at a distance of less than one-half (1/2) mile
from the limits of any city or town;
(vii) For solar energy facilities:
(A) Would locate the facility within three
hundred (300) feet of an occupied structure or residence unless
waived in writing by the owner of the structure or residence;
(B) Would locate the facility within one hundred
(100) feet of any outer boundary of the facility;
(C) Would locate the facility on unzoned or
agricultural zoned land less than two hundred (200) feet from
any public road right-of-way or on other land less than one
hundred (100) feet from any public road right-of-way.
(b) No rule, regulation or law promulgated or applied by
any county in this state shall adopt a standard less stringent
than the minimum standards established in subsection (a) of this
section. The minimum standards stated in subsection (a) of this
section shall be incorporated into every existing or future
county permitting or licensing process to which they are
applicable so that no applicant for a permit under this article
is required to submit more than one (1) application addressing
these standards to any county.
(c) Notwithstanding subsection (b) of this section, any
board of county commissioners for solar facilities:
(i) May vary the location and setback requirements
provided in subsection (a) of this section, either on its own or
by following its land use planning, zoning or conditional use
processes;
(ii) For lands within the boundaries of any
incorporated municipality, shall require any setbacks
recommended by the governing body of the municipality within the
boundaries of that municipality;
(iii) May increase setbacks required from public road
rights-of-way beyond those required in this section to
accommodate known big game animal migrations and frequent local
wildlife movements and to reduce the risk of motor vehicle and
big game animal collisions. A board of county commissioners may
consult with the:
(A) Game and fish department for setbacks from
public roads;
(B) Department of transportation for setbacks
from state highways;
(C) County's appropriate local entity for
setbacks from county roads.
(d) No board of county commissioners shall issue a permit
under W.S. 18-5-502(a) until that county has adopted rules and
regulations governing the notice that the application for a
permit must provide to the record owners and claimants of
mineral rights located on and under lands where the facility
will be constructed. The rules shall conform to rules adopted
by the industrial siting council for the same purpose pursuant
to W.S. 35-12-105.
(e) For a permit granted for a wind energy facility under
this article, 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 wind energy facility first obtains and
furnishes documentation to the board of county commissioners 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.