Okla. Stat. tit. 17, § 17-160.21v1

A. The owner of a wind energy facility shall submit

notification of intent to build a facility to the Corporation

Oklahoma Statutes - Title 17. Corporation Commission Page 131

Commission within six (6) months of the initial filing pertaining to

commencement of construction with the Federal Aviation

Administration (FAA) of an FAA Form 7460-1 (Notice of Proposed

Construction or Alteration) or any subsequent form required by the

FAA for evaluating the impact a proposed wind energy facility will

have on air commerce safety and the preservation of navigable

airspace. The Corporation Commission shall prescribe the form and

submittal requirements of the notification; provided, the

information required on the notification form shall include at least

the same information required on the FAA form. The owner of the

wind energy facility shall send copies of the notification with the

board of county commissioners of every county in which all or a

portion of the wind energy facility is to be located within twenty-

four (24) hours of filing with the Corporation Commission. If all

or a portion of the wind energy facility is to be located within the

incorporated area of a municipality, copies of the notification

shall also be sent to the governing body of the municipality within

twenty-four (24) hours of filing with the Commission.

B. Within thirty (30) days of submitting the notification to

the Corporation Commission, as provided for in subsection A of this

section, the owner of the wind energy facility shall cause a copy of

the notification to be submitted to the Oklahoma Strategic Military

Planning Commission. The Oklahoma Strategic Military Planning

Commission shall notify local base commanders upon receipt of the

notification. The Oklahoma Strategic Military Planning Commission

shall submit a letter to the Military Aviation and Installation

Assurance Siting Clearinghouse outlining potential areas of impact,

as provided in Section 160.20 of this title, within thirty (30) days

of receipt of the notification. The letter from the Oklahoma

Strategic Military Planning Commission shall be filed with the

Corporation Commission.

C. Within six (6) months of submitting the notification with

the Commission as provided for in subsection A of this section, the

owner of the wind energy facility shall cause a copy of the

notification to be published in a newspaper of general circulation

in the county or counties in which all or a portion of the wind

energy facility is to be located. Proof of publication shall be

submitted to the Commission.

D. Within six (6) months of submitting the notification with

the Commission as provided in subsection A of this section, the

owner of the wind energy facility shall cause a copy of the

notification to be sent, by certified mail, to:

1. Any operator, as reflected in the records of the Corporation

Commission, who is conducting oil and gas operations upon all or any

part of the surface estate as to which the wind energy developer

intends the construction of the wind energy facility;

Oklahoma Statutes - Title 17. Corporation Commission Page 132

2. Any operator, as reflected in the records of the Corporation

Commission, of an unspaced unit, or a unit created by order of the

Corporation Commission, who is conducting oil and gas operations for

the unit where all or any part of the unit area is within the

geographical boundaries of the surface estate as to which the wind

energy developer intends the construction of the wind energy

facility; and

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.
; and

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.

If the wind energy developer makes a search with reasonable

diligence, and the whereabouts of a party entitled to any notice

described in this subsection cannot be ascertained or such notice

cannot be delivered, then an affidavit attesting to such diligent

search for the parties shall be placed in the records of the county

clerk where the surface estate is actually located.

E. Within sixty (60) days of publishing the notification in a

newspaper as provided for in subsection C of this section, the owner

of the wind energy facility shall hold a public meeting. Notice of

the public meeting shall be published in a newspaper of general

circulation and submitted to the board of county commissioners in

the county or counties in which all or a portion of the wind energy

facility is to be located. The notice shall contain the place, date

and time of the public meeting. Proof of publication of the notice

shall be submitted to the Commission. The public meeting shall be

held in one of the counties in which all or a portion of the wind

energy facility is to be located.

F. With regard to the surface estate upon which the owner of a

wind energy facility intends to construct a wind energy facility, at

least sixty (60) days before entering upon the surface estate for

the purposes of commencement of construction of the wind energy

facility, the owner shall provide written notice, by certified mail,

of its intent to construct the wind energy facility to:

1. Any operator, as reflected in the records of the Corporation

Commission, who is conducting oil and gas operations upon all or any

part of the surface estate as to which the wind energy developer

intends the construction of the wind energy facility;

2. Any operator, as reflected in the records of the Corporation

Commission, of an unspaced unit, or a unit created by order of the

Corporation Commission, who is conducting oil and gas operations for

the unit where all or any part of the unit area is within the

geographical boundaries of the surface estate as to which the wind

energy developer intends the construction of the wind energy

facility; and

Oklahoma Statutes - Title 17. Corporation Commission Page 133

3. As to tracts of land not described in paragraphs 1 and 2 of

this subsection on which the wind energy developer intends to

construct a wind energy facility, all lessees of oil and gas leases

covering the mineral estate underlying any part of the tracts of

land that are filed of record with county clerk in the county where

the tracts are located and whose primary term has not expired.

The notice shall contain a map or plat of the proposed location,

with sufficient specificity of all of the various elements of the

wind energy facility to be located on the governmental section which

includes all or any part of the tracts of land described in

paragraphs 1, 2 and 3 of this subsection and the approximate date

that the owner of the wind energy facility proposes to commence

construction. If the wind energy developer makes a search with

reasonable diligence, and the whereabouts of a party entitled to any

notice described in this subsection cannot be ascertained or such

notice cannot be delivered, then an affidavit attesting to such

diligent search for the parties shall be placed in the records of

the county clerk where the surface estate is actually located.

Within thirty (30) days of receiving said notice, any operator, as

described in paragraphs 1, 2 and 3 of this subsection shall
d to any

notice described in this subsection cannot be ascertained or such

notice cannot be delivered, then an affidavit attesting to such

diligent search for the parties shall be placed in the records of

the county clerk where the surface estate is actually located.

Within thirty (30) days of receiving said notice, any operator, as

described in paragraphs 1, 2 and 3 of this subsection shall

reciprocate, in writing by certified mail, certain site, operational

and infrastructure information, with sufficient specificity, to be

shared with the owner of the wind energy facility to assist both

with the safe construction and operation pertaining to the surface

estate. This information should include ALTA surveys of existing

subsurface and surface improvements on the property, if any, as well

as other technical specifications for existing improvements such as

pipe size, material, capacity and depth.

G. The owner of a wind energy facility shall not commence

construction on the facility until the notification and public

meeting requirements of this section have been met. If an owner of

a wind energy facility fails to submit the information as required

in this section, the owner shall be subject to an administrative

penalty from the Corporation Commission not to exceed One Thousand

Five Hundred Dollars ($1,500.00) per day.