2016 Oklahoma Statutes
Title 17. Corporation Commission
§17-160.20. Setback requirements.

A. After the effective date of this act, no wind energy facility may be constructed if the base of any tower is located at a distance of less than:

1. One and one-half (1 1/2) nautical miles from the center line of any runway located on:

a.a public-use airport as defined in Section 120.2 of Title 3 of the Oklahoma Statutes,

b.a private-use airport as defined in Section 157.2 of Title 14 of the Code of Federal Regulations and for which:

(1)a notice to the Federal Aviation Administration (FAA) has been filed under Section 157.3 of Title 14 of the Code of Federal Regulations prior to the notification of intent to build a facility with the Corporation Commission pursuant to subsection A of Section 3 of this act, and

(2)an airport determination has been issued by the FAA with a determination of no objection or a conditional determination or the airport determination remains pending, or

c.an airport owned by a municipality;

2. One and one-half (1 1/2) nautical miles from any public school which is a part of a public school district; or

3. One and one-half (1 1/2) nautical miles from a hospital.

B. Attestation of compliance with the setback requirements in this section shall be included in any reports required by the Corporation Commission. Disputes arising under this section shall fall under the exclusive jurisdiction of the district courts.

Added by Laws 2015, c. 92, § 2.