Oklahoma § 17-160.21 - See the following versions:

§ 17-160.21. See the following versions:

OS 17-160.21v1 (HB 3561, Laws 2018, c. 4, § 2).

OS 17-160.21v2 (SB 782, Laws 2023, c. 126, § 22).

§17-160.21v1. Notification of intent to build a facility.

A. The owner of a wind energy facility shall submit

notification of intent to build a facility to the Corporation

Oklahoma Statutes - Title 17. Corporation Commission

Commission within six (6) months of the initial filing pertaining to

commencement of construction with the Federal Aviation

Administration (FAA) of an FAA Form 7460-1 (Notice of Proposed

Construction or Alteration) or any subsequent form required by the

FAA for evaluating the impact a proposed wind energy facility will

have on air commerce safety and the preservation of navigable

airspace. The Corporation Commission shall prescribe the form and

submittal requirements of the notification; provided, the

information required on the notification form shall include at least

the same information required on the FAA form. The owner of the

wind energy facility shall send copies of the notification with the

board of county commissioners of every county in which all or a

portion of the wind energy facility is to be located within twentyfour (24) hours of filing with the Corporation Commission. If all

or a portion of the wind energy facility is to be located within the

incorporated area of a municipality, copies of the notification

shall also be sent to the governing body of the municipality within

twenty-four (24) hours of filing with the Commission.

B. Within thirty (30) days of submitting the notification to

the Corporation Commission, as provided for in subsection A of this

section, the owner of the wind energy facility shall cause a copy of

the notification to be submitted to the Oklahoma Strategic Military

Planning Commission. The Oklahoma Strategic Military Planning

Commission shall notify local base commanders upon receipt of the

notification. The Oklahoma Strategic Military Planning Commission

shall submit a letter to the Military Aviation and Installation

Assurance Siting Clearinghouse outlining potential areas of impact,

as provided in Section 160.20 of this title, within thirty (30) days

of receipt of the notification. The letter from the Oklahoma

Strategic Military Planning Commission shall be filed with the

Corporation Commission.

C. Within six (6) months of submitting the notification with

the Commission as provided for in subsection A of this section, the

owner of the wind energy facility shall cause a copy of the

notification to be published in a newspaper of general circulation

in the county or counties in which all or a portion of the wind

energy facility is to be located. Proof of publication shall be

submitted to the Commission.

D. Within six (6) months of submitting the notification with

the Commission as provided in subsection A of this section, the

owner of the wind energy facility shall cause a copy of the

notification to be sent, by certified mail, to:

1. Any operator, as reflected in the records of the Corporation

Commission, who is conducting oil and gas operations upon all or any

part of the surface estate as to which the wind energy developer

intends the construction of the wind energy facility;

Oklahoma Statutes - Title 17. Corporation Commission

2. Any operator, as reflected in the records of the Corporation

Commission, of an unspaced unit, or a unit created by order of the

Corporation Commission, who is conducting oil and gas operations for

the unit where all or any part of the unit area is within the

geographical boundaries of the surface estate as to which the wind

energy developer intends the construction of the wind energy

facility; and

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.

If the wind energy developer makes a search with reasonable

diligence, and the whereabouts of a party entitled to any notice

described in this subsection cannot be ascertained or such notice

cannot be delivered, then an affidavit attesting to such diligent

search for the parties shall be placed in the records of the county

clerk where the surface estate is actually located.

E. Within sixty (60) days of publishing the notification in a

newspaper as provided for in subsection C of this section, the owner

of the wind energy facility shall hold a public meeting. Notice of

the public meeting shall be published in a newspaper of general

circulation and submitted to the board of county commissioners in

the county or counties in which all or a portion of the wind energy

facility is to be located. The notice shall contain the place, date

and time of the public meeting. Proof of publication of the notice

shall be submitted to the Commission. The public meeting shall be

held in one of the counties in which all or a portion of the wind

energy facility is to be located.

F. With regard to the surface estate upon which the owner of a

wind energy facility intends to construct a wind energy facility, at

least sixty (60) days before entering upon the surface estate for

the purposes of commencement of construction of the wind energy

facility, the owner shall provide written notice, by certified mail,

of its intent to construct the wind energy facility to:

1. Any operator, as reflected in the records of the Corporation

Commission, who is conducting oil and gas operations upon all or any

part of the surface estate as to which the wind energy developer

intends the construction of the wind energy facility;

2. Any operator, as reflected in the records of the Corporation

Commission, of an unspaced unit, or a unit created by order of the

Corporation Commission, who is conducting oil and gas operations for

the unit where all or any part of the unit area is within the

geographical boundaries of the surface estate as to which the wind

energy developer intends the construction of the wind energy

facility; and

Oklahoma Statutes - Title 17. Corporation Commission

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.

The notice shall contain a map or plat of the proposed location,

with sufficient specificity of all of the various elements of the

wind energy facility to be located on the governmental section which

includes all or any part of the tracts of land described in

paragraphs 1, 2 and 3 of this subsection and the approximate date

that the owner of the wind energy facility proposes to commence

construction. If the wind energy developer makes a search with

reasonable diligence, and the whereabouts of a party entitled to any

notice described in this subsection cannot be ascertained or such

notice cannot be delivered, then an affidavit attesting to such

diligent search for the parties shall be placed in the records of

the county clerk where the surface estate is actually located.

Within thirty (30) days of receiving said notice, any operator, as

described in paragraphs 1, 2 and 3 of this subsection shall

reciprocate, in writing by certified mail, certain site, operational

and infrastructure information, with sufficient specificity, to be

shared with the owner of the wind energy facility to assist both

with the safe construction and operation pertaining to the surface

estate. This information should include ALTA surveys of existing

subsurface and surface improvements on the property, if any, as well

as other technical specifications for existing improvements such as

pipe size, material, capacity and depth.

G. The owner of a wind energy facility shall not commence

construction on the facility until the notification and public

meeting requirements of this section have been met. If an owner of

a wind energy facility fails to submit the information as required

in this section, the owner shall be subject to an administrative

penalty from the Corporation Commission not to exceed One Thousand

Five Hundred Dollars ($1,500.00) per day.

Added by Laws 2015, c. 92, § 3. Amended by Laws 2017, c. 45, § 1,

emerg. eff. April 17, 2017; Laws 2018, c. 4, § 2, emerg. eff. April

3, 2018.

§17-160.21v2. Notification of intent to build a facility.

A. The owner of a wind energy facility shall submit

notification of intent to build a facility to the Corporation

Commission within six (6) months of the initial filing with the

Federal Aviation Administration (FAA) of a FAA 7460-1 form. The

Corporation Commission shall prescribe the form and submittal

requirements of the notification; provided, the information required

on the notification form shall include at least the same information

Oklahoma Statutes - Title 17. Corporation Commission

required on the FAA form and a map of the project boundary. The

owner of a wind energy facility shall submit to the Oklahoma

Department of Aerospace and Aeronautics copies of all initial FAA

7460-1 forms for all individual wind turbines or any other

individual structure that requires a FAA Form 7460-1 that is part of

a wind energy facility within thirty (30) days of the initial filing

with the FAA. The Oklahoma Department of Aerospace and Aeronautics

shall prescribe the submittal requirements for the 7460-1 form. The

owner of the wind energy facility shall send copies of the

notification to the board of county commissioners of every county in

which all or a portion of the wind energy facility is to be located

within twenty-four (24) hours of filing with the Corporation

Commission. If all or a portion of the wind energy facility is to

be located within the incorporated area of a municipality, copies of

the notification shall also be sent to the governing body of the

municipality within twenty-four (24) hours of filing with the

Corporation Commission. If the owner of a wind energy facility is

required to file subsequent 7460-1 forms with the FAA due to

changing locations or heights of individual structures from the

locations or heights originally proposed in the initial 7460-1 forms

submitted to the Oklahoma Department of Aerospace and Aeronautics,

the owner shall, within ten (10) days of filing with the FAA, submit

such subsequent 7460-1 forms to the Corporation Commission and

Oklahoma Department of Aerospace and Aeronautics. A wind energy

facility owner shall not be required to start the notification

processes over unless the subsequent 7460-1 forms expand the project

beyond its original boundaries submitted to the Corporation

Commission.

B. Within ten (10) days of receiving a FAA 7460-1 form, as

provided for in subsection A of this section, the Oklahoma

Department of Aerospace and Aeronautics shall notify the Oklahoma

Strategic Military Planning Commission. The Oklahoma Strategic

Military Planning Commission shall notify local base commanders upon

receipt of this notification. The Oklahoma Strategic Military

Planning Commission shall submit a letter to the Military Aviation

and Installation Assurance Siting Clearinghouse outlining potential

areas of impact, as provided in Section 160.20 of this title, within

thirty (30) days of receipt of the notification. The letter from

the Oklahoma Strategic Military Planning Commission shall be

submitted to the Corporation Commission, the Oklahoma Department of

Aerospace and Aeronautics and the wind energy facility owner at the

same time the letter is submitted to the Clearinghouse.

C. Within six (6) months of submitting the notification with

the Corporation Commission as provided for in subsection A of this

section, the owner of the wind energy facility shall cause a copy of

the notification to be published in a newspaper of general

circulation in the county or counties in which all or a portion of

Oklahoma Statutes - Title 17. Corporation Commission

the wind energy facility is to be located. Proof of publication

shall be submitted to the Corporation Commission.

D. Within six (6) months of submitting the notification with

the Corporation Commission as provided in subsection A of this

section, the owner of the wind energy facility shall cause a copy of

the notification to be sent, by certified mail, to:

1. Any operator, as reflected in the records of the Corporation

Commission, who is conducting oil and gas operations upon all or any

part of the surface estate as to which the wind energy developer

intends the construction of the wind energy facility;

2. Any operator, as reflected in the records of the Corporation

Commission, of an unspaced unit, or a unit created by order of the

Corporation Commission, who is conducting oil and gas operations for

the unit where all or any part of the unit area is within the

geographical boundaries of the surface estate as to which the wind

energy developer intends the construction of the wind energy

facility; and

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.

If the wind energy developer makes a search with reasonable

diligence, and the whereabouts of a party entitled to any notice

described in this subsection cannot be ascertained or such notice

cannot be delivered, then an affidavit attesting to such diligent

search for the parties shall be placed in the records of the county

clerk where the surface estate is actually located.

E. Within sixty (60) days of publishing the notification in a

newspaper as provided for in subsection C of this section, the owner

of the wind energy facility shall hold a public meeting. Notice of

the public meeting shall be published in a newspaper of general

circulation and submitted to the board of county commissioners in

the county or counties in which all or a portion of the wind energy

facility is to be located. The notice shall contain the place, date

and time of the public meeting. Proof of publication of the notice

shall be submitted to the Corporation Commission. The public

meeting shall be held in one of the counties in which all or a

portion of the wind energy facility is to be located.

F. With regard to the surface estate upon which the owner of a

wind energy facility intends to construct a wind energy facility, at

least sixty (60) days before entering upon the surface estate for

the purposes of commencement of construction of the wind energy

facility, the owner shall provide written notice, by certified mail,

of its intent to construct the wind energy facility to:

Oklahoma Statutes - Title 17. Corporation Commission

1. Any operator, as reflected in the records of the Corporation

Commission, who is conducting oil and gas operations upon all or any

part of the surface estate as to which the wind energy developer

intends the construction of the wind energy facility;

2. Any operator, as reflected in the records of the Corporation

Commission, of an unspaced unit, or a unit created by order of the

Corporation Commission, who is conducting oil and gas operations for

the unit where all or any part of the unit area is within the

geographical boundaries of the surface estate as to which the wind

energy developer intends the construction of the wind energy

facility; and

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.

The notice shall contain a map or plat of the proposed location,

with sufficient specificity of all of the various elements of the

wind energy facility to be located on the governmental section which

includes all or any part of the tracts of land described in

paragraphs 1, 2 and 3 of this subsection and the approximate date

that the owner of the wind energy facility proposes to commence

construction. If the wind energy developer makes a search with

reasonable diligence, and the whereabouts of a party entitled to any

notice described in this subsection cannot be ascertained or such

notice cannot be delivered, then an affidavit attesting to such

diligent search for the parties shall be placed in the records of

the county clerk where the surface estate is actually located.

Within thirty (30) days of receiving such notice, any operator, as

described in paragraphs 1, 2 and 3 of this subsection shall

reciprocate, in writing by certified mail, certain site, operational

and infrastructure information, with sufficient specificity, to be

shared with the owner of the wind energy facility to assist both

with the safe construction and operation pertaining to the surface

estate. This information should include American Land Title

Association (ALTA) surveys of existing subsurface and surface

improvements on the property, if any, as well as other technical

specifications for existing improvements such as pipe size,

material, capacity and depth.

G. The owner of a wind energy facility shall not commence

construction on the facility until the notification and public

meeting requirements of this section have been met. If an owner of

a wind energy facility fails to submit the information as required

in this section, the owner shall be subject to an administrative

penalty from the Corporation Commission not to exceed One Thousand

Oklahoma Statutes - Title 17. Corporation Commission

Five Hundred Dollars ($1,500.00) per day, per violation as provided

by law.

Added by Laws 2015, c. 92, § 3. Amended by Laws 2017, c. 45, § 1,

emerg. eff. April 17, 2017; Laws 2018, c. 179, § 2, emerg. eff. May

2, 2018; Laws 2019, c. 310, § 2, emerg. eff. May 7, 2019; Laws 2023,

c. 126, § 22, eff. Nov. 1, 2023.