“Wind, Solar and Siting: A Look at Recent Laws and Legislative Trends in the Midwest ” ~ PDF

Introduction: Varying visions on siting authority

Across the Midwest, interest in new solar and wind projects is undoubtedly on the rise as the region and the country shift from fossil fuels to renewables.

Less certain: Who should have the authority to approve or deny proposals to build new wind and solar facilities? State regulators? Local governments? Some combination of the two?

Ultimately, the decision on who gets that authority rests with state legislatures, and an analysis of laws in the 11-state Midwest shows a mix of approaches being used. In states such as Indiana, Iowa and Kansas, the fate of proposed  renewable projects rests entirely or mostly with local governments; conversely, state-level regulators in states such as Minnesota, North Dakota, South Dakota and Wisconsin take on much or all of the siting authority over larger projects.

Proposals to shift the balance of power between state and local governments have been introduced in state capitols across the Midwest in recent years. This legislative activity has included the enactment of new laws in states such as Illinois, Indiana, Michigan and Ohio.

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