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Wyoming Transmission Siting (8-WY-a)

Information current as of 2020
In Wyoming, any person (developer) may need an industrial facility permit from the Industrial Siting Council (ISC) if a project has an estimated construction cost above a threshold set by the ISC. Wyo. Stat. § 35-12-106(a). An "industrial facility" means any industrial facility with an estimated construction cost above a threshold set by the ISC. Wyo. Stat. § 35-12-102(a)(vii). If, however, the project does not qualify as an industrial facility but estimated construction costs are between 80% and 100% of the threshold construction costs set by the ISC, then the developer may need to obtain a Certificate of Insufficient Jurisdiction from the Industrial Siting Division (ISD) Wyo. Code R. 020.0004.1 § 3.


The Industrial Siting Division (ISD) within the Wyoming Department of Environmental Quality is responsible for processing industrial facility permits; however, the ISC has authority to make the final permitting decision.



Transmission Siting Process


8-WY-a.1 to 8-WY-a.4 – Is the Project’s Operating Voltage Less than 160kV?; Is the Estimated Construction Cost Less than 80% of the Current Threshold for an Industrial Facility

A developer does not need to obtain an industrial facility permit or Certificate of Insufficient Jurisdiction if a project has an operating voltage of less than 160kV or has an estimated construction cost of less than 80% of the current threshold construction cost set by the ISC. Wyo. Stat. § 35-12-109(a)(iii),(iv), and (v); Wyo. Code R. 020.0004.1 § 3.

However, a developer who is exempt from from the industrial facility permit or Certificate of Insufficient Jurisdiction requirements, must submit the following information to the ISC:

8-WY-a.5 to 8-WY-a.9 – Is the Estimated Construction Cost Between 80% and 100% of the Current Threshold for an Industrial Facility?; Certificate of Insufficient Jurisdiction

A developer must submit an application for a Certificate of Insufficient Jurisdiction to the ISD if a project's estimated construction costs for a proposed transmission line is between 80% and 100% of the threshold construction costs set by the ISC. The application must contain a description of the proposed construction activity and an estimated construction cost for the proposed construction activity. Wyo. Code R. 020.0004.1 § 3

The ISD must serve notice on local governments affected by the project and publish notice of the application throughout the state for four weeks in newspapers of general circulation. The notice must be served and published within 10 days of the submission of the application. Wyo. Code R. 020.0004.1 § 3(d).

The ISD must present the application to the ISC 30 days after the last date of publication of the notice. The ISD also submits its recommendation for issuance or denial to the ISC. The ISC then considers the application, along with any objections, and either issues or denies the Certificate of Insufficient Jurisdiction. Wyo. Code R. 020.0004.1 § 3(e).

8-WY-a.10 – Does the Developer Request a Waiver?

A developer may request a waiver of the industrial facility permit requirements from the ISC. In determining whether to grant a request for a waiver, the ISC considers:

  • The environmental and economic impacts of the industrial facility; and
  • Whether the industrial facility is in compliance with local laws, regulations, and ordinances. Wyo. Code R. 020.0004.1 § 7.

8-WY-a.11 to 8-WY-a.13 - Hold Jurisdictional Meeting

The developer may request a jurisdictional determination from the ISD regarding the Act's application to the proposed project. The developer initiates the jurisdictional determination by requesting a jurisdictional meeting with ISD. The jurisdictional meeting is held when the preliminary facility design and estimated construction schedule are known. Wyo. Code R. 020.0004.1 § 4.

The developer must provide the ISD with information describing the proposed project, including:

  • Details of ownership and points of contact;
  • A description of the proposed facility including a site plan;
  • The proposed facility location and land ownership;
  • The location for the receipt of purchase and where title changes;
  • Any future phases to be requested in the application;
  • The estimated cost of construction; and
  • Information which the developer feels to be pertinent. Wyo. Code R. 020.0004.1 § 4.

The ISD provides a written decision within 15 days after the jurisdictional meeting. The decision states whether or not the facility is within the jurisdiction of the ISC and provides notice of any application fee. The ISD may make conditional determinations regarding jurisdiction. Wyo. Code R. 020.0004.1 § 4.

8-WY-a.14 to 8-WY-a.15 - Notify Local Governments of the Proposed Project; Hold Informational Meeting

Before filing an application or waiver, the developer must notify local governments about the proposed project. The notice must describe the proposed project and be sent via certified mail no later than one week prior to the first informational meeting. Wyo. Code R. 020.0004.1 § 5(b).

After notice of the project has been mailed to local governments, the developer must hold an informational meeting no later than 30 days before the developer files the application. The meeting should be held at a site as close to the location of the proposed project as practical. The meeting schedule should be included in the notice. Wyo. Code R. 020.0004.1 § 5(b)(i).

8-WY-a.16 – Wyoming Industrial Development Information and Siting Act Permit Application

The developer must file the Wyoming Industrial Development Information and Siting Act Application Permit application with the ISD. Wyo. Stat. § 35-12-109(a). The general format of the application is set forth in Rules and Regulations of the Industrial Siting Council, Chapter 1, Section 6. Wyo. Stat. § 35-12-109(a) requires the following information be included in the application:

  • The name and address of the [developer], and, if the [developer] is a partnership, association or corporation, the names and addresses of the managers designated by the [developer] responsible for permitting, construction or operation of the facility;
  • The [developer] must state that to its best knowledge and belief the application is complete when filed and includes all the information required by Wyo. Stat. § 35-12-109 and the rules and regulations, except for any requirements specifically waived by the council pursuant to Wyo. Stat. § 35-12-107;
  • A description of the nature and location of the facility;
  • Estimated time of commencement of construction and construction time;
  • Estimated number and job classifications, by calendar quarter, of employees of the [developer], or contractor or subcontractor of the [developer], during the construction phase and during the operating life of the facility. Estimates must include the number of employees who will be utilized, but who do not currently reside within the area to be affected by the facility;
  • Future additions and modifications to the facility which the [developer] may wish to be approved in the permit;
  • A statement of why the proposed location was selected;
  • A copy of any studies which may have been made of the environmental impact of the facility;
  • Inventory of estimated discharges including physical, chemical, biological and radiological characteristics;
  • Inventory of estimated emissions and proposed methods of control;
  • Inventory of estimated solid wastes and proposed disposal program;
  • The procedures proposed to avoid constituting a public nuisance, endangering the public health and safety, human or animal life, property, wildlife or plant life, or recreational facilities which may be adversely affected by the estimated emissions or discharges;
  • An evaluation of potential impacts together with any plans and proposals for alleviating social and economic impacts upon local governments or special districts and alleviating environmental impacts which may result from the proposed facility. The evaluations, plans and proposals must cover the following:
    • Scenic resources;
    • Recreational resources;
    • Archaeological and historical resources;
    • Land use patterns;
    • Economic base;
    • Housing;
    • Transportation;
    • Sewer and water facilities;
    • Solid waste facilities;
    • Police and fire facilities;
    • Educational facilities;
    • Health and hospital facilities;
    • Water supply;
    • Other relevant areas;
    • Agriculture;
    • Terrestrial and aquatic wildlife;
    • Threatened, endangered and rare species and other species of concern identified in the state wildlife action plan as prepared by the Wyoming game and fish department.
  • Estimated construction cost of the facility;
  • What other local, state, or federal permits and approvals are required;
  • Compatibility of the facility with state or local land use plans, if any;
  • Any other information the [developer] considers relevant or required by council rule or regulation;
  • A description of the methods and strategies the [developer] will use to maximize employment and utilization of the existing local or in-state contractors and labor force during the construction and operation of the facility;
  • Certification that the governing bodies of all local governments which will be primarily affected by the proposed facility were provided notification, a description of the proposed project and an opportunity to ask the [developer] questions at least thirty (30) days prior to submission of the application; and
  • Information demonstrating the [developer's] financial capability to decommission and reclaim the facility.

In addition, the ISC may impose additional requirements on a case-by-case basis. Wyo. Code R. 020.0004.1 § 8.

The developer must submit a fee along with the application. The fee is determined by the ISD and is based on “the estimated cost of investigating, reviewing, processing, and serving notice of an application, holding a hearing in case of a request for waiver, inspection and compliance activities, and processing application update requests.” Wyo. Stat. § 35-12-109(b).

8-WY-a.17 – Serve and Publish Notice of the Application and Public Hearing

Within 10 days of the receipt of the request, the ISD:

  • Serves notice of the request on local governments which are primarily affected by the proposed project;
  • Publishes a summary of the request in local newspapers of general circulation in the area primarily affected by the proposed project; and
  • Files a copy of the request with the county clerk in counties affected counties.

Wyo. Stat. § 35-12-110(a).

8-WY-a.36 – Obtain Information and Recommendations from Relevant State Agencies

The ISD must obtain information and recommendations from the listed state agencies about the impact of the proposed facility as it applies to each agency’s area of expertise. Each state agency must respond to ISD’s request within 60 days of its receipt. The response must include the agency’s opinion as to the advisability of granting or denying the permit, together with reasons therefor, and recommendations regarding appropriate conditions to be included in the permit. In addition, each agency must provide the ISD with a statement regarding its jurisdiction to regulate the impacts of the proposed facility, including a statement of the agency's capability to address cumulative impacts of the facility in conjunction with other facilities. Wyo. Stat. § 35-12-110(b)-(c).

8-WY-a.19 to 8-WY-a.20 - Review Application for Completeness

The ISD reviews the application for completeness. If the application is incomplete, the ISD notifies the developer within 30 days and identifies the specific deficiencies. The developer then has 30 days to correct the deficiencies. Wyo. Stat. § 35-12-110(d)-(e).

8-WY-a.21 – Hold Public Hearing

The ISD must schedule a public hearing within 90 days of the receipt of the application. The ISD must notify the developer and local governments of the hearing and must publish notice of the hearing in local newspapers of general circulation in the area primarily affected by the proposed project. The hearing should be held at a community as close as practicable to the proposed facility. Wyo. Stat. § 35-12-110(f).

8-WY-a.22 to 8-WY-a.26 – Make Complete Findings, Issue, and Opinion and Render a Decision; Appeal to District Court; Wyoming Industrial Development Information and Siting Act Permit

The ISC must make complete findings, issue an opinion, and render a decision on the record, granting or denying the application, within 45 days of the hearing. The ISC may grant or deny the application as filed, or grant it upon terms, conditions or modifications of the construction, operation or maintenance of the facility as the ISC deems appropriate. The ISC will grant the permit if it finds that:

  • The proposed facility complies with all applicable law;
  • The facility will not pose a threat of serious injury to the environment nor to the social and economic condition or inhabitants or expected inhabitants in the affected area;
  • The facility will not substantially impair the health, safety, or welfare of the inhabitants; and
  • The [developer] has financial resources to decommission and reclaim the facility.

Wyo. Stat. § 35-12-113(a).

Permits issued by the ISC must contain any required terms and conditions in detail, including the construction commencement date. Wyo. Stat. § 35-12-113(d). In addition, the ISC may require the developer to furnish a bond to the ISD as a condition of the permit. Wyo. Stat. § 35-12-113(e).

The ISC serves its findings and decision on the developer, parties to the hearing, and local governments within 10 days of that decision. The ISC also files its findings and decision with the county clerk of the county or counties that are primarily affected by the proposed facility and publishes notice of its decision in one or more newspapers of general circulation in the affected areas. Wyo. Stat. § 35-12-113(f). Within the first 30 days after the issuance of the decision, any party may appeal the decision to the state district court in which the major portion of the facility is located. Wyo. Stat. § 35-12-114. Similarly, if the ISC denies the permit, the developer may appeal the decision to the state district court in which the major portion of the proposed facility is located within 30 days. Wyo. Stat. § 35-12-114.

8-WY-a.27 to 8-WY-a.29 – Request Jurisdictional Meeting; Hold Jurisdictional Meeting; Issue Written Jurisdiction Decision

See 8-WY-a.11 to 8-WY-a.13.

8-WY-a.30 to 8-WY-a.31 – Notify Local Governments of the Proposed Project; Hold Informational Meeting

See 8-WY-a.14 to 8-WY-a.15.

8-WY-a.32 – Request for Waiver of Permit Application

The developer must file a request for waiver of the industrial facility permit with the ISD. Wyo. Code R. 020.0004.1 § 6.

The request must contain the following information:

  • The name and address of the [developer], and if the [developer] is a partnership, association or corporation, the names and addresses of the managers designated by the [developer] responsible for permitting or construction of the facility;
  • A description of the nature and location of the facility;
  • Estimated time of commencement of construction and construction time;
  • Estimated number and job classifications by calendar quarter of employees of the [developer], or contractor or subcontractor of the [developer], during the construction phase and during the operating phase;
  • Estimated population increases attributable to the facility;
  • Estimated additional revenue to local governments due to the facility;
  • Estimated construction cost of the facility;
  • A description of the methods and strategies the [developer] will use to maximize the employment and utilization of the existing local or in-state contractors and labor force during the construction and operation of the facility;
  • Any other information the [developer] considers relevant or required by council rule or regulation;
  • The procedures proposed to avoid constituting a public nuisance, endangering the public health and safety, human or animal life, property, wildlife or plant life, or recreational facilities which may be adversely affected by the facility;
  • Preliminary evaluations of or plans and proposals for alleviating social, economic or environmental impacts upon local government or any special districts which may result from the proposed facility, including voluntary company agreements with local governments;
  • Certification that the governing bodies of all local governments within the potentially impacted area were provided notification, a description of the proposed project and an opportunity to ask the [developer] questions at least thirty (30) days prior to submission of the application;
  • Information demonstrating the [developer’s] financial capability to decommission and reclaim the facility…;
 Wyo. Stat. § 35-12-107(b).

8-WY-a.33 to 8-WY-a.36 – Serve and Publish Notice of Request; Hold Public Meeting; Meet with ISD and Local Governments to Discuss Mitigation

Within 7 days of the receipt of the request, the ISD:

  • Serves notice of the request on local governments which are primarily affected by the proposed project;
  • Publishes a summary of the request in local newspapers of general circulation in the area primarily affected by the proposed project; and
  • Files a copy of the request with the county clerk in counties affected counties.

Wyo. Stat. § 35-12-107(c).

The ISD schedules a public meeting within 14 days of the receipt of the request for waiver and notifies the developer and local governments. The ISD also publishes notice of the meeting in local newspapers of general circulation in the area primarily affected by the proposed project. At the meeting, the developer must describe the proposed facility and its estimated impacts upon local units of government. Wyo. Stat. § 35-12-107(d)-(e).

Fourteen days after the public meeting, the developer must meet with the ISD and each local government affected by the proposed project to determine the mitigation required to minimize any adverse impacts resulting from the proposed project. Wyo. Stat. § 35-12-107(f).

8-WY-a.37 to 8-WY-a.38 – Serve and Publish Notice of Public Hearing; Hold Public Hearing

The ISD schedules a public hearing within 50 days of the receipt of the request for a waiver. The ISD must notify the developer and local governments of the hearing and publishes notice of the hearing in local newspapers of general circulation in the area primarily affected by the proposed project. Wyo. Stat. § 35-12-107(g).

At the hearing, the developer must present evidence to the ISC that demonstrates:

  • That the facility would not produce an unacceptable environmental, social or economic impact;
  • That the [developer] has reached agreement with local governments affected by the facility on the mitigation required to alleviate adverse effects resulting from the facility; and
  • That the [developer] has financial resources to decommission and reclaim the facility.

Wyo. Stat. § 35-12-107(h).

8-WY-a.39 to 8-WY-a.42 – Make Complete Findings, Issue an Opinion and Render a Decision; Wyoming Industrial Development Information and Siting Act Application Waiver; Wyoming Industrial Development Information and Siting Act Application Permit

The ISC makes complete findings, issues an opinion, and renders a decision on the record,either granting or denying the request for a waiver, within 10 days of the hearing. The ISC will grant the request if it finds that:

  • The facility would not produce an unacceptable environmental, social and economic impact;
  • The [developer] has discussed the proposed facility with all local governments potentially affected by the project;
  • The proposed facility is in compliance with all local ordinances and land use plans; and
  • The [developer] has financial resources to decommission and reclaim the facility.

Wyo. Stat. § 35-12-107(j).

A request for a waiver must be denied if two or more affected local governments object to the proposed facility. Wyo. Stat. § 35-12-107(k). If the ISC decides to waive all permit application requirements, it issues the Wyoming Industrial Development Information and Siting Act Application Permit pursuant to Wyo. Stat. § 35-12-113. See 8-WY-a.40. If the ISC waives only part of the application requirements it issues an order specifying the requirements which will be waived pursuant to Wyo. Stat. § 35-12-109. If the ISC denies the request for a waiver, the developer must submit a full application pursuant to Wyo. Stat. § 35-12-109.




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