Office of Energy Projects
DNR has issued a public notice for the Wind Energy and Cave Bats proposed Incidental Take Permit/Authorization.
The online public notice posting, jeopardy assessment and additional information are available on the Bureau of Natural Heritage Conservation webpage.
The updated public notice end date is January 15, 2025.
The DNR's Office of Energy (OE) within the Integrated Services Section (ISS) is responsible for coordinating the review and natural resource permitting of energy projects in the Wisconsin. OE provides project management within the DNR, acting as the main point of contact for project applicants, the Wisconsin Public Service Commission (PSC), and other DNR programs and stakeholders.
OE staff focus on permitting the impacts to wetlands, waterways, endangered resources, and stormwater for energy and fiberoptic projects. OE staff also routinely work on electric generation, petroleum pipeline and other complex projects that require other DNR permits or are regulated by federal agencies.
The DNR is not responsible for siting approval of coal, oil or natural gas-fired power plants. Siting authority for these facilities rests with the PSC. Any combination of DNR permits for impacts to air, water, wetlands and land, as well as endangered resources reviews may be required for a power plant. See Power plants for more information about the permitting programs within the DNR.
Unless regulated by the PSC, the oversight of water main, storm sewer, and sanitary sewer projects is handled by the regional DNR water regulation staff.Unless regulated by the PSC, the oversight of water main, storm sewer, and sanitary sewer projects is handled by the regional DNR water regulation staff.
Additional Resources
The DNR's Office of Energy (OE) coordinates reviews of proposed energy projects and is the main point of contact for project applicants, the Public Service Commission (PSC), other DNR programs and stakeholders. OE provides statewide guidance and consistent application of the regulatory processes established by state statutes and rules.
Permit Process
A general permit is available for projects that meet the eligibility criteria and standards of WDNR-GP3-2023. The general permit conveys coverage for the placement of fill in wetlands, the placement of structures on the bed of waterways, the placement of temporary bridges across waterways, the removal of bed material from waterways, and driving on the bed of waterways.
- Guidance on Wetland and Waterway Permitting and the OE Process
- Utility General Permit Application Checklist
- Practicable Alternatives Analysis Supplement (wetland impacts)
- Request Form – Waiver of Timing Restrictions for Utility Project Waterway Permits
Additional General Permits are available for other project activities. See our All About General Permits webpage for more information.
Individual Permits are required when a project does not meet the eligibility standards or conditions in the General Permits. Please visit our Individual Permits page to learn about fees and how to apply.
Endangered Resources
No activity is authorized which will result in take of a state threatened or endangered species, as identified under the state’s endangered species law, unless approved through the department’s Incidental Take Permit/Authorization process. In addition, no activity is authorized which is likely to jeopardize the continued existence of a federally threatened or endangered species or a species proposed for such designation, or which is likely to destroy or adversely modify the species’ critical habitat area as identified under the federal Endangered Species Act.
All projects, regardless of whether other DNR permitting is needed, must ensure they are in compliance with Wisconsin's endangered species laws. Options to ensure compliance are found on the Endangered Resources Review webpage.
Historical and Cultural Resources
Activities shall comply with s. 44.40, Wis. Stats. No activity is authorized that will result in adverse impacts to historical or cultural resources. Archaeological investigations will be required if previously recorded sites occur within the parcel, or if there's an extant, recorded archaeological site and/or historic building for which National Register of Historic Places eligibility has not been assessed. See Guidance for Conducting Cultural Screenings.
Hydroelectric generation is the production of power using flowing water. Hydroelectric dams in Wisconsin are regulated by the Wisconsin Department of Natural Resources. Additionally, many are also regulated by the Federal Energy Regulatory Commission (FERC).
WISCONSIN'S FERC REGULATED DAMS
FERC is an independent federal agency that is responsible for regulating all aspects of hydroelectric generation, including the construction and operation of hydroelectric dams.
FERC has jurisdiction over hydropower dams that have one or more of the following characteristics:
- Occupy federal public lands or federal reservations
- Are located on navigable streams
- Use surplus water or waterpower from a federal government dam
- Were constructed after August 26,1935 and are located on a non-navigable stream that affects the interests of interstate or foreign commerce (including providing power to an interstate power grid)
Wisconsin has over 120 FERC regulated dams. The number of FERC regulated dams in Wisconsin is one of the highest in the nation. Common requirements established by both FERC and/or the department include:
- Operation plans (could include water levels and flows)
- Water quality monitoring & management
- Aquatic and terrestrial invasive species monitoring & management
- Recreational improvements
- Fishery habitat improvement projects
- Shoreline erosion monitoring & management
If you have questions about a FERC regulated dam, please contact the DNR Statewide FERC coordinator, Cheryl Laatsch, 920-382-9975.
WISCONSIN'S NON-FERC REGULATED DAMS
The department typically has regulatory authority of hydropower dams where FERC does not take jurisdiction. In addition, not all dams produce electricity. Non-hydroelectric dams are usually regulated by the state, not FERC. The department would be involved with requirements related to inspections, repairs, in addition to environmental matters. Learn more about state regulated dams.
The Department of Natural Resources (DNR) supports the siting, development and use of clean and renewable energy facilities based on sound scientific information and in a manner that is sustainable for wildlife and other natural resources. However, the height of turbines, spinning blades and large project areas of wind farms have the potential to cause injuries, often fatal, to bats and birds. A reduction of high-quality habitat may result from the construction and maintenance of turbines, as well as the associated transmission lines, access roads and substations.
The DNR does not have authority over the siting of wind projects. The Wisconsin Public Service Commission (PSC) must approve wind projects that are greater than 100 megawatts (MW) or those built by a state-regulated utility. DNR staff assists the PSC in reviewing applications, writing environmental review documents, and providing expert testimony before the Commission. The DNR's authorities and responsibilities are described in a report to the legislature required by Act 40.
The DNR (Office of Energy Permitting) has regulatory authority for any wetland and waterway crossings by temporary and permanent access roads, connector lines and turbine construction. DNR also has authority over construction site erosion control.
Wisconsin’s Endangered Species Law (s. 29.604, Wis. Stats.) requires the protection of our state’s endangered and threatened species. To be in compliance with the state Endangered Species Law, all projects should be reviewed for potential impacts to rare species. The DNR has both a regulatory and a conservation responsibility to respond to concerns about wind turbine impacts on bats and birds (s. 23.39, Wis. Stats.).
All projects must avoid impacts to state and federally listed species. To ensure your project is in compliance with these laws, an Endangered Resources Review is required. DNR ER Review contact info – stacy.rowe@wisconsin.gov.
After completion of the ER Review, we recommend that wind project developers initiate consultation with WDNR, at a minimum, two field seasons before initiating project construction and before finalizing turbine location, to reach agreement on how to identify, avoid, minimize, and mitigate impacts on natural resources. Wind developers should also contact the USFWS Field Office to evaluate wildlife risks and ways to reduce potential adverse impacts.
It is advisable to obtain concurrence from WDNR on all study and implementation methods and protocols. The Department believes that project development proceeds more smoothly and cost-effectively when this collaboration is achieved. In many cases, the PSC, local governments, and the FWS will also be part of the consultation. DNR has Best Management Practices (coming in 2025) for land-based wind projects in Wisconsin.
Wind project proponents, planners and owners should work with Wisconsin DNR to identify areas that are not suitable for wind development, address potential impacts, and prevent unwanted and avoidable conflicts with area or site-specific natural resource management objectives.