The state appeals Tuesday rejected claims the state’s wind turbine siting rules are invalid.
The Wisconsin Realtors Association, Wisconsin Builders Association, Wisconsin Towns Association and others filed suit, claiming that Public Service Commission rule 128 is invalid because it was installed without a housing impact report. A Brown County judge upheld the PSC’s rules and Tuesday’s decision affirmed that ruling.
” In summary, we reject WRA’s argument that PSC 128 is invalid because it was promulgated without a housing impact report. Wisconsin Stat. § 227.115(2) does not require preparation of a housing impact report whenever the subject matter of a proposed rule relates to housing. Instead, a housing impact report is required only when the proposed rule directly or substantially affects the development, construction, cost, or availability of housing in Wisconsin. The Commission must make the initial determination, either explicit or implicit, whether a housing impact report is required. Here, the Commission submitted PSC 128 to the legislature without a housing impact report after considering voluminous evidence about wind energy systems’ effects on housing and reasonably concluding wind energy systems do not negatively affect residential property values. We must presume PSC 128 was duly promulgated, and the Commission has not cited any evidence to rebut that presumption. Accordingly, the circuit court properly granted the Commission summary judgment,” the court wrote.
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