Oklahoma § 17-160.20 - Setback requirements

§ 17-160.20. Setback requirements

A. After August 21, 2015, no wind energy facility may be

constructed if the base of any tower is located at a distance of

less than:

1. One and one-half (1 1/2) nautical miles from the center line

of any runway located on:

a.

a public-use airport as defined in Section 120.2 of

Title 3 of the Oklahoma Statutes, or

b.

an airport owned by a municipality;

2. One and one-half (1 1/2) nautical miles from any public

school which is a part of a public school district; or

3. One and one-half (1 1/2) nautical miles from a hospital.

B. Attestation of compliance with the setback requirements in

this section shall be included in any reports required by the

Corporation Commission. Stakeholder and landowner disputes arising

under subsection A of this section shall fall under the exclusive

jurisdiction of the district courts. The Corporation Commission may

seek enforcement of the submission and attestation requirements of

this subsection and subsection C of this section through its

administrative court system.

C. After April 3, 2018, construction or operation of a proposed

individual wind turbine or any other individual structure requiring

a Federal Aviation Administration (FAA) Form 7460-1 that is part of

a wind energy facility shall not encroach upon or otherwise have a

significant adverse impact on the mission, training or operations of

any military installation or branch of military as determined by the

Military Aviation and Installation Assurance Siting Clearinghouse

(Clearinghouse) and the FAA. Areas of impact include, but are not

limited to, military training routes, drop zones, approaches to

runways and bombing ranges. No individual wind turbine or any other

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

a wind energy facility may be constructed or expanded unless there

is an active Determination of No Hazard from the FAA and adverse

impacts to the United States Department of Defense, pursuant to

Oklahoma Statutes - Title 17. Corporation Commission

Title 32 of the Code of Federal Regulations, Section 211.6, have

been resolved as evidenced by documentation from the Clearinghouse

for the individual wind turbine or other individual structure. The

Mission Compatibility Certification Letter or successor form may

serve as such evidence of adverse impacts being resolved with the

Department of Defense or successor agency.

1. The Determination of No Hazard and documentation of the

resolution of adverse impacts to the Department of Defense shall be

filed with the Corporation Commission and the Oklahoma Department of

Aerospace and Aeronautics.

2. The requirements established by this subsection shall not

prohibit the construction of an individual wind turbine or any other

individual structure requiring a FAA 7460-1 form that is part of a

wind energy facility if that individual wind turbine or other

individual structure has received a Determination of No Hazard or

mitigation plan on or before April 3, 2018.

3. The Corporation Commission is authorized to promulgate rules

and regulations for the implementation of the provisions of this

section and Section 160.21 of this title.

D. If an owner of a wind energy facility fails to submit an

active Determination of No Hazard and documentation that adverse

impacts to the Department of Defense have been resolved by the

Clearinghouse for the individual wind turbine or other individual

structure prior to the start of construction, the owner shall be

subject to an administrative penalty not to exceed One Thousand Five

Hundred Dollars ($1,500.00) per day, per violation from the

Corporation Commission as provided by law. In addition,

stakeholders, including, but not limited to, the Corporation

Commission or the Oklahoma Department of Aerospace and Aeronautics

may institute an action in any court of general jurisdiction to

prevent, restrain, correct or abate any violation of subsection C of

this section other than Corporation Commission actions related to

submissions or attestations.

Added by Laws 2015, c. 92, § 2. Amended by Laws 2017, c. 45, § 2,

emerg. eff. April 17, 2017; Laws 2018, c. 4, § 1, emerg. eff. April

3, 2018; Laws 2019, c. 310, § 1, emerg. eff. May 7, 2019; Laws 2023,

c. 126, § 21, eff. Nov. 1, 2023.

NOTE: Laws 2018, c. 179, § 1 repealed by Laws 2019, c. 25, § 7,

emerg. eff. April 4, 2019.