As you may know, the wind/solar power ordinance has been sent back for further investigation by the Plan Commission. The challenge surrounding this ordinance is the fact that a state statute supersedes any town ordinances. The following is a Wisconsin state statute that must be the basis for the town ordinance regarding alternative solar and wind energy:
66.0401 Regulation relating to solar and wind energy
systems. (1) AUTHORITY TO RESTRICT SYSTEMS LIMITED. No
county, city, town, or village may place any restriction, either
directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system,
as defined in s. 66.0403 (1) (m), unless the restriction satisfies one of the following conditions:
(a) Serves to preserve or protect the public health or safety.
(b) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(c) Allows for an alternative system of comparable cost and
efficiency.
In addition, new subdivisisons are not allowed to ban such alternative energy sources in their restrictive covenants.
So far, residents that choose to use these types of power sources must follow the regular setback lines (usually 6 feet) and height restrictions of approximately 2.5 stories.
The Plan Commission and Community Development are working to create an ordinance that complies with state laws, protects health and public safety of town residents while allowing residents the right to alternative power sources.
