reglab/housing_qa huggingface dataset:
MN Stat § 216E.08 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.08 — Public Participation.

216E.08 PUBLIC PARTICIPATION. Subdivision 1. Advisory task force. The commission may appoint one or more advisory task forces to assist it in carrying out its duties. Task forces appointed to evaluate sites or routes considered for designation shall be comprised of as many persons as may be designated by the commission, but at least one representative from each of the following: Regional development commissions, counties and municipal corporations and one town board member from each county in which a site or route is proposed to be located. No officer, agent, or employee of a utility shall serve on an advisory task force. Reimbursement for expenses incurred shall be made pursuant to the rules governing state employees. The task forces expire as provided in section 15.059, subdivision 6. At the time the task force is appointed, the commission shall specify the charge to the task force. The task force shall expire upon completion of its charge, upon designation by the commission of alternative sites or routes to be included in the environmental impact statement, or upon the specific date identified by the commission in the charge, whichever occurs first. Subd. 2. Other public participation. The commission shall adopt broad spectrum citizen participation as a principal of operation. The form of public participation shall not be limited to public hearings and advisory task forces and shall be consistent with the commission's rules and guidelines as provided for in section 216E.16. Subd. 3. Public advisor. The commission shall designate one staff person for the sole purpose of assisting and advising those affected and interested citizens on how to effectively participate in site or route proceedings. Subd. 4. Scientific advisory task force. The commission may appoint one or more advisory task forces composed of technical and scientific experts to conduct research and make recommendations concerning generic issues such as health and safety, underground routes, double circuiting and long-range route and site planning. Reimbursement for expenses incurred shall be made pursuant to the rules governing reimbursement of state employees. The task forces expire as provided in section 15.059, subdivision 6. The time allowed for completion of a specific site or route procedure may not be extended to await the outcome of these generic investigations. History:  1973 c 591 s 9; 1975 c 271 s 6; 1977 c 439 s 12,13; 1985 c 248 s 70; 1988 c 629 s 19-21; 2001 c 212 art 7 s 18,19; 2005 c 97 art 3 s 19
MN Stat § 216E.09 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.09 — Public Meetings; Transcripts; Written Records.

216E.09 PUBLIC MEETINGS; TRANSCRIPTS; WRITTEN RECORDS. Meetings of the commission, including hearings, shall be open to the public. Minutes shall be kept of commission meetings and a complete record of public hearings shall be kept. All books, records, files, and correspondence of the commission shall be available for public inspection at any reasonable time. The commission shall also be subject to chapter 13D. History:  1973 c 591 s 10; 1975 c 271 s 6; 2001 c 212 art 7 s 20; 2005 c 97 art 3 s 19
MN Stat § 216E.10 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.10 — Application To Local Regulation And Other State Permits.

216E.10 APPLICATION TO LOCAL REGULATION AND OTHER STATE PERMITS. Subdivision 1. Site or route permit prevails over local provisions. To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent purchase and use of such site or route locations for large electric power generating plant and high-voltage transmission line purposes shall be the sole site or route approval required to be obtained by the utility. Such permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government. Subd. 2. Other state permits. Notwithstanding anything herein to the contrary, utilities shall obtain state permits that may be required to construct and operate large electric power generating plants and high-voltage transmission lines. A state agency in processing a utility's facility permit application shall be bound to the decisions of the commission, with respect to the site or route designation, and with respect to other matters for which authority has been granted to the commission by this chapter. Subd. 3. State agency participation. (a) State agencies authorized to issue permits required for construction or operation of large electric power generating plants or high-voltage transmission lines shall participate during routing and siting at public hearings and all other activities of the commission on specific site or route designations and design considerations of the commission, and shall clearly state whether the site or route being considered for designation or permit and other design matters under consideration for approval will be in compliance with state agency standards, rules, or policies. (b) An applicant for a permit under this section or under chapter 216G shall notify the commissioner of agriculture if the proposed project will impact cultivated agricultural land, as that term is defined in section 216G.01, subdivision 4. The commissioner may participate and advise the commission as to whether to grant a permit for the project and the best options for mitigating adverse impacts to agricultural lands if the permit is granted. The Department of Agriculture shall be the lead agency on the development of any agricultural mitigation plan required for the project. History:  1973 c 591 s 11; 1975 c 271 s 6; 1977 c 439 s 14,15; 1985 c 248 s 70; 2001 c 212 art 7 s 21,22; 2005 c 97 art 3 s 10,19
MN Stat § 216E.11 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.11 — Improvement Of Sites And Routes.

216E.11 IMPROVEMENT OF SITES AND ROUTES. Utilities that have acquired a site or route in accordance with this chapter may proceed to construct or improve the site or route for the intended purposes at any time, subject to section 216E.10, subdivision 2, provided that if the construction and improvement has not commenced within four years after a permit for the site or route has been issued, then the utility must certify to the commission that the site or route continues to meet the conditions upon which the site or route permit was issued. History:  1973 c 591 s 12; 1975 c 271 s 6; 1977 c 439 s 16; 2001 c 212 art 7 s 23; 2005 c 97 art 3 s 19
MN Stat § 216E.13 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.13 — Failure To Act.

216E.13 FAILURE TO ACT. If the commission fails to act within the times specified in section 216E.03, the applicant or any affected person may seek an order of the district court requiring the commission to designate or refuse to designate a site or route. History:  1973 c 591 s 14; 1975 c 271 s 6; 1977 c 439 s 19; 2001 c 212 art 7 s 24; 2005 c 97 art 3 s 19
MN Stat § 216E.14 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.14 — Revocation Or Suspension.

216E.14 REVOCATION OR SUSPENSION. A site or route permit may be revoked or suspended by the commission after adequate notice of the alleged grounds for revocation or suspension and a full and fair hearing in which the affected utility has an opportunity to confront any witness and respond to any evidence against it and to present rebuttal or mitigating evidence upon a finding by the commission of: (1) any false statement knowingly made in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted a change in the commission's findings; (2) failure to comply with material conditions of the site certificate or construction permit, or failure to maintain health and safety standards; or (3) any material violation of the provisions of this chapter, any rule promulgated pursuant thereto, or any order of the commission. History:  1977 c 439 s 20; 1978 c 658 s 1; 2001 c 212 art 7 s 25; 2005 c 97 art 3 s 19
MN Stat § 216E.15 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.15 — Judicial Review.

216E.15 JUDICIAL REVIEW. Any applicant, party or person aggrieved by the issuance of a site or route permit or emergency permit from the commission or a certification of continuing suitability filed by a utility with the commission or by a final order in accordance with any rules promulgated by the commission, may appeal to the court of appeals in accordance with chapter 14. The appeal shall be filed within 30 days after the publication in the State Register of notice of the issuance of the permit by the commission or certification filed with the commission or the filing of any final order by the commission. History:  1973 c 591 s 15; 1975 c 271 s 6; 1977 c 439 s 21; 1980 c 509 s 28; 1982 c 424 s 130; 1983 c 247 s 54; 2001 c 212 art 7 s 26; 2005 c 97 art 3 s 19
MN Stat § 216E.16 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.16 — Rules.

216E.16 RULES. The commission, in order to give effect to the purposes of this chapter, may adopt rules consistent with this chapter, including promulgation of site and route designation criteria, the description of the information to be furnished by the utilities, establishment of minimum guidelines for public participation in the development, revision, and enforcement of any rule, plan, or program established by the commission, procedures for the revocation or suspension of a site or route permit, and the procedure and timeliness for proposing alternative routes and sites. No rule adopted by the commission shall grant priority to state-owned wildlife management areas over agricultural lands in the designation of route avoidance areas. The provisions of chapter 14 shall apply to the appeal of rules adopted by the commission to the same extent as it applies to review of rules adopted by any other agency of state government. The chief administrative law judge shall adopt procedural rules for public hearings relating to the site and route permit process. The rules shall attempt to maximize citizen participation in these processes consistent with the time limits for commission decision established in sections 216E.03, subdivision 10, and 216E.04, subdivision 7. History:  1973 c 591 s 16; 1975 c 271 s 6; 1977 c 439 s 22; 1978 c 658 s 2; 1982 c 424 s 130; 1984 c 640 s 32; 2001 c 212 art 7 s 27; 2005 c 97 art 3 s 19
MN Stat § 216E.17 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216E — Electric Power Facility Permits|Section 216E.17 — Enforcement, Penalties.

216E.17 ENFORCEMENT, PENALTIES. Subdivision 1. Criminal penalty. Any person who violates this chapter or any rule promulgated hereunder, or knowingly submits false information in any report required by this chapter is guilty of a misdemeanor for the first offense and a gross misdemeanor for the second and each subsequent offense. Each day of violation shall constitute a separate offense. Subd. 2. Enforcement. The provisions of this chapter or any rules promulgated hereunder may be enforced by injunction, action to compel performance or other appropriate action in the district court of the county wherein the violation takes place. The attorney general shall bring any action under this subdivision upon the request of the commission. Subd. 3. Civil penalty. When the court finds that any person has violated this chapter, any rule hereunder, knowingly submitted false information in any report required by this chapter, or has violated any court order issued under this chapter, the court may impose a civil penalty of not more than $10,000 for each violation. These penalties shall be paid to the general fund in the state treasury. History:  1973 c 591 s 18; 1975 c 271 s 6; 1977 c 439 s 24; 2005 c 97 art 3 s 19
MN Stat § 216F.01 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.01 — Definitions.

216F.01 DEFINITIONS. Subdivision 1. Scope. As used in this chapter, the terms defined in section 216E.01 and this section have the meanings given them, unless otherwise provided or indicated by the context or by this section. Subd. 2. Large wind energy conversion system or LWECS. "Large wind energy conversion system" or "LWECS" means any combination of WECS with a combined nameplate capacity of 5,000 kilowatts or more. Subd. 3. Small wind energy conversion system or SWECS. "Small wind energy conversion system" or "SWECS" means any combination of WECS with a combined nameplate capacity of less than 5,000 kilowatts. Subd. 4. Wind energy conversion system or WECS. "Wind energy conversion system" or "WECS" means any device such as a wind charger, windmill, or wind turbine and associated facilities that converts wind energy to electrical energy. History:   1995 c 203 s 1
MN Stat § 216F.011 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.011 — Size Determination.

216F.011 SIZE DETERMINATION. (a) The total size of a combination of wind energy conversion systems for the purpose of determining what jurisdiction has siting authority under this chapter must be determined according to this section. The nameplate capacity of one wind energy conversion system must be combined with the nameplate capacity of any other wind energy conversion system that: (1) is located within five miles of the wind energy conversion system; (2) is constructed within the same 12-month period as the wind energy conversion system; and (3) exhibits characteristics of being a single development, including, but not limited to, ownership structure, an umbrella sales arrangement, shared interconnection, revenue sharing arrangements, and common debt or equity financing. (b) The commissioner shall provide forms and assistance for project developers to make a request for a size determination. Upon written request of a project developer, the commissioner of commerce shall provide a written size determination within 30 days of receipt of the request and of any information requested by the commissioner. In the case of a dispute, the chair of the Public Utilities Commission shall make the final size determination. (c) An application to a county for a permit under this chapter for a wind energy conversion system is not complete without a size determination made under this section. History:   2007 c 136 art 4 s 12
MN Stat § 216F.012 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.012 — Size Election.

216F.012 SIZE ELECTION. (a) A wind energy conversion system of less than 25 megawatts of nameplate capacity as determined under section 216F.011 is a small wind energy conversion system if, by July 1, 2009, the owner so elects in writing and submits a completed application for zoning approval and the written election to the county or counties in which the project is proposed to be located. The owner must notify the Public Utilities Commission of the election at the time the owner submits the election to the county. (b) Notwithstanding paragraph (a), a wind energy conversion system with a nameplate capacity exceeding five megawatts that is proposed to be located wholly or partially within a wind access buffer adjacent to state lands that are part of the outdoor recreation system, as enumerated in section 86A.05, is a large wind energy conversion system. The Department of Natural Resources shall negotiate in good faith with a system owner regarding siting and may support the system owner in seeking a variance from the system setback requirements if it determines that a variance is in the public interest. History:  2008 c 296 art 1 s 18; 1Sp2021 c 4 art 8 s 25
MN Stat § 216F.015 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.015 — Requirements Coded Elsewhere.

216F.015 REQUIREMENTS CODED ELSEWHERE. Requirements governing certain towers are established in section 360.915. History:   2020 c 100 s 19
MN Stat § 216F.02 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.02 — Exemptions.

216F.02 EXEMPTIONS. (a) The requirements of chapter 216E do not apply to the siting of LWECS, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply. (b) Any person may construct an SWECS without complying with chapter 216E or this chapter. (c) Nothing in this chapter shall preclude a local governmental unit from establishing requirements for the siting and construction of SWECS. History:   1995 c 203 s 2
MN Stat § 216F.03 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.03 — Siting Of Lwecs.

216F.03 SITING OF LWECS. The legislature declares it to be the policy of the state to site LWECS in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources. History:   1995 c 203 s 3
MN Stat § 216F.04 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.04 — Site Permit.

216F.04 SITE PERMIT. (a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission. (b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission. The permitted site need not be contiguous land. (c) The commission shall make a final decision on an application for a site permit for an LWECS within 180 days after acceptance of a complete application by the commission. The commission may extend this deadline for cause. (d) The commission may place conditions in a permit and may deny, modify, suspend, or revoke a permit. History:  1995 c 203 s 4; 2005 c 97 art 3 s 19
MN Stat § 216F.05 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.05 — Rules.

216F.05 RULES. The commission shall adopt rules governing the consideration of an application for a site permit for an LWECS that address the following: (1) criteria that the commission shall use to designate LWECS sites, which must include the impact of LWECS on humans and the environment; (2) procedures that the commission will follow in acting on an application for an LWECS; (3) procedures for notification to the public of the application and for the conduct of a public information meeting and a public hearing on the proposed LWECS; (4) requirements for environmental review of the LWECS; (5) conditions in the site permit for turbine type and designs; site layout and construction; and operation and maintenance of the LWECS, including the requirement to restore, to the extent possible, the area affected by construction of the LWECS to the natural conditions that existed immediately before construction of the LWECS; (6) revocation or suspension of a site permit when violations of the permit or other requirements occur; and (7) payment of fees for the necessary and reasonable costs of the commission in acting on a permit application and carrying out the requirements of this chapter. History:  1995 c 203 s 5; 2005 c 97 art 3 s 19
MN Stat § 216F.06 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.06 — Model Ordinance.

216F.06 MODEL ORDINANCE. The commission may assist local governmental units in adopting ordinances and other requirements to regulate the siting, construction, and operation of SWECS, including the development of a model ordinance. History:  1995 c 203 s 6; 2005 c 97 art 3 s 19
MN Stat § 216F.07 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.07 — Preemption.

216F.07 PREEMPTION. A permit under this chapter is the only site approval required for the location of an LWECS. The site permit supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances adopted by regional, county, local, and special purpose governments. History:   1995 c 203 s 7
MN Stat § 216F.08 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.08 — Permit Authority; Assumption By Counties.

216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES. (a) A county board may, by resolution and upon written notice to the Public Utilities Commission, assume responsibility for processing applications for permits required under this chapter for LWECS with a combined nameplate capacity of less than 25,000 kilowatts. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to an appropriate county officer or employee. Processing by a county shall be done in accordance with procedures and processes established under chapter 394. (b) A county board that exercises its option under paragraph (a) may issue, deny, modify, impose conditions upon, or revoke permits pursuant to this section. The action of the county board about a permit application is final, subject to appeal as provided in section 394.27. (c) The commission shall, by order, establish general permit standards, including appropriate property line set-backs, governing site permits for LWECS under this section. The order must consider existing and historic commission standards for wind permits issued by the commission. The general permit standards shall apply to permits issued by counties and to permits issued by the commission for LWECS with a combined nameplate capacity of less than 25,000 kilowatts. The commission or a county may grant a variance from a general permit standard if the variance is found to be in the public interest. (d) The commission and the commissioner of commerce shall provide technical assistance to a county with respect to the processing of LWECS site permit applications. History:   2007 c 136 art 4 s 13
MN Stat § 216F.081 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216F — Wind Energy Conversion Systems|Section 216F.081 — Application Of County Standards.

216F.081 APPLICATION OF COUNTY STANDARDS. A county may adopt by ordinance standards for LWECS that are more stringent than standards in commission rules or in the commission's permit standards. The commission, in considering a permit application for LWECS in a county that has adopted more stringent standards, shall consider and apply those more stringent standards, unless the commission finds good cause not to apply the standards. History:   2007 c 136 art 4 s 14