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OFFICE OF THE CORPORATION COUNSEL <br /> Burnett County <br /> 7410 County Road K, #121 715/349-2168 <br /> Siren, WI 54872 Fax 715/349-2105 <br /> David L. Grindell <br /> Corporation Counsel <br /> TO: Jim Flanigan, Zoning Administrator <br /> FROM: David L. Grindell <br /> Corporation Counsel <br /> DATE: October 5, 2007 <br /> RE: Wind Generators <br /> You had requested my input on what, if any, restrictions Burnett County Zoning <br /> Administration could put on the authorization of solar and wind energy systems. It <br /> appears that this matter has been decided by the Wisconsin Appellate Court in a case <br /> decided in March of 2001. In that, they indicate that the appropriate Sections for review <br /> would be Section 66.0401 which basically indicates that no restrictions can be placed on <br /> the installation of solar or wind energy unless the restrictions satisfy one of the following <br /> conditions: a) serves to preserve or protect public health or safety; b) does not <br /> significantly increase the cost of the system or significantly decrease its efficiency; c) <br /> allows for alternative system at a compatible cost and efficiency. The court specifically <br /> said that beyond those, no other restrictions are allowed. <br /> This Statute is not trumped, qualified or limited by the next Section 66.0403 <br /> which allows for the issuance of permits by the municipality and traditional zoning and <br /> conditional use powers do not override this Section. It would therefore appear that the <br /> appropriate procedure would be for the application of a conditional use permit. The <br /> Committee could look at the application to determine if in fact there is another placement <br /> or other issues that would in no way restrict the owners ability to use the solar or wind <br /> energy system, but would meet one of the criteria of Section 66.0401 and therefore the <br /> County's interest in Zoning. <br /> DLG/job <br />