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Wind Turbine Siting

Photo of modern and old windmills

The Minnesota Legislature has established a state policy to site large wind energy conversion systems (LWECS, systems five megawatts and over) in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources. The Minnesota Public Utilities Commission (Commission) has authority to permit LWECS projects. 

Small wind energy conversion systems (less than five megawatts) are permitted according to local ordinances.  LWECS between five and 25 megawatts can, in lieu of PUC permitting, be permitted by counties if the applicable counties assume permitting responsibility and provide notice to the Commission.

Project Size Determination

A site permit from the Commission is required to construct a large wind energy conversion system (LWECS).  An LWECS is any combination of wind turbines and associated facilities with the capacity to generate five megawatts (MW) or more of electricity.  This requirement became law in 1995 (Minnesota Statute Chapter 216F).  The rules to implement the permitting requirements for LWECS are found at Minnesota Rules Chapter 7854.

The Minnesota Department of Commerce, Office of Energy Security determines the size of wind energy conversion systems under Minnesota Statute Chapter 216F.011.  This determination establishes who has jurisdiction and siting authority (state or local).  An application for local permitting is not complete and cannot be processed without a size determination by the Office of Energy Security. 

Prospective applicants and wind developers can request a project size determination from the Office of Energy Security by completing and submitting a Project Size Determination Information Form.  The form is available here as PDF document: Project Size Determination Information Form

State Review

Large wind energy conversion systems (five megawatts and over) are subject to state jurisdiction and review.  Commission rules establish the requirements for submitting and processing an LWECS site permit application (Minnesota Rules Chapter 7854).  The application for a permit must contain, among other things, an analysis of the potential environmental impacts, proposed mitigation measures, and any adverse environmental effects that cannot be avoided (Minnesota Rules Chapter 7854.0500). Review and comment on this analysis constitutes environmental review.

Prospective applicants and wind developers are encouraged to contact Office of Energy Security, Energy Facility Permitting staff to discuss their projects and applications prior to submitting an application to the Commission. 

Please contact Ingrid Bjorklund, ingrid.bjorklund@state.mn.us, 651-297-7039.

The Commission makes an initial decision to accept, conditionally accept, or reject an application. Within 45 days after acceptance of the application, the Commission makes a preliminary determination whether a permit should be issued or denied.  If the determination is to issue a permit, then a draft site permit is prepared and made available for public review.  The Office of Energy Security holds public information meetings and solicits comments on the draft site permit.

 

The Commission makes a final decision within 180 days of the acceptance of the application.  If the project is approved, a permit is issued with any conditions the Commission considers necessary to protect the environment, enhance sustainable development, and promote the efficient use of resources. See the LWECS Diagram for the permitting process.

Local Review

Small wind energy conversion systems (under five megawatts) are subject to local jurisdiction and review (Minnesota Statute 216F.02). Wind energy conversion systems between five and 25 MW can be subject to local jurisdiction if counties, with notice to the Commission, assume permitting responsibility (Minnesota Statute 216F.08). This assumption requires a county board resolution and notice to the Commission.  Counties must incorporate Commission-prescribed general permit standards in all permits which they issue. See the Order Establishing General Permit Standards. Counties may adopt ordinance standards that are more restrictive than the Commission's general permit standards (Minnesota Statute 216F.081).

Counties that have assumed permitting responsibility for wind energy conversion systems between five and 25 MW are listed in the Commission docket: M-07-1102. You can view this docket electronically through eDockets; search using the Year "07" and Number "1102". 

Tall Structure Permits

Wind energy conversion systems near airports may require a permit from the Minnesota Department of Transportation.  Additional information is available on the Department's Aeronautics and Aviation website.

Avian and Bat Studies

As a requirement of the first permit issued for a Large Wind Energy Conversion System in 1995, Northern States Power Company was required to conduct an avian study to determine the effect of the turbines on avian mortality. After a four-year study, investigators reported no significant avian impacts in the Buffalo Ridge area from the turbines. See "Avian Monitoring Studies at the Buffalo Ridge, Minnesota Wind Resource Area Results of a 4-Year Study," September 2000. (273p., 8.3M, PDF 5.0) | report summary. 

An additional two-year study was required to determine the effect of the turbines on bats. The final report of that Electric Power Research Institute (EPRI) and Xcel Energy study, "Bat Interactions with Wind Turbines at the Buffalo Ridge, Minnesota Wind Resource Area: An Assessment of Bat Activity, Species Composition and Collision Mortality" was published in November 2003.

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