Wind Energy Permitting

Application submission and initial review  

Once an applicant applies for a wind project, the PUC will conduct an initial review. This check ensures the application includes all the information legally required to describe the proposed project and its potential human and environmental impacts.  

For smaller wind projects, specifically those up to 25 MW, an applicant may request approval from a local unit of government, most often the county where the project is located. The local unit of government may request that the PUC assume permitting jurisdiction.

Public engagement and review  

After the application is accepted, the review process begins. The PUC will:  

• Hold a public meeting: This meeting explains the PUC's review process, describes the proposed project, and gathers initial input from the public.  
• Open a public comment period: During this time, anyone can submit their comments. This public input helps the PUC decide what to include in a draft permit and whether potential impacts need further review.  

Environmental Assessment Addendum (if needed)  

If the PUC determines that potential impacts require review, an addendum to the environmental assessment (EA) that was part of the application will be prepared.  

Public hearing and Administrative Law Judge report  

Once the draft permit and, if necessary, the EA addendum are available:  

• An Administrative Law Judge (ALJ) from the Office of Administrative Hearings will oversee a public hearing.  
• At this hearing, people can give presentations, share evidence, and ask questions about the project.
• After the public comment period closes, the ALJ will write a report for the PUC.  

Final Commission decision  

The PUC will then review all the information, including any EA addenda), the ALJ’s report, and all public comments. Based on this comprehensive review, the PUC will make the final decision on whether to grant a permit for the project.  

Permitting timeline  

The standard permitting timeline is six months. However, this can be extended by up to three months for good cause.  

Relevant statutes and rules  

Relevant statutes: Minn. Stat. 216I  

Relevant rules: Minn. Rules 7850.2800 – 7850.3900  

The PUC's role  

The PUC's involvement in the permitting process includes:  

• Review: The PUC staff thoroughly reviews all submitted materials and public input.  
• Record building: The PUC helps build a comprehensive public record for each project, ensuring all relevant information is considered.  
• Final Decision: The Commissioners are responsible for making the ultimate decision on permit applications.  

Who’s involved  

• Minnesota Public Utilities Commission: The primary permitting authority.  
• Office of Administrative Hearings (OAH): Provides Administrative Law Judges who oversee public hearings and prepare reports for the PUC.  

Image