Administrative Rule Review Report   #AR09-034

Legislative Service Office

22-Jun-09

AGENCY: Department of Transportation.

DATE SUBMITTED: June 19, 2009.

SUBJECT: Chapter 3, Aerial Obstruction Reporting Requirements.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 10-4-305(e)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  No comments were received during the public comment period.  Notice of the proposed adoption of new rules was provided by LSO as required by W.S. 28-9-103(d).  No comments have been received to date. 

SUMMARY OF RULES:   These new rules are promulgated pursuant to W.S. 10-4-305, which requires the reporting of certain aerial towers associated with the development of wind power.  Consistent with the statute, the rules establish which towers must be reported to the Wyoming Department of Transportation and what information must be reported.  The rules also guide the public disclosure of reported information. The rules, and the statute, require that all covered towers be visible in clear air from a distance of not less than 2000 feet.  The rules establish different reporting deadlines dependent upon when a tower is erected.  The rules also require a report when a tower is taken down.   Information generally must be submitted to an electronic address maintained by WyDOT.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.

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Ian Shaw

Staff Attorney

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Dan J. Pauli

Director

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