wyoming industrial siting
navigating the path for industrial growth
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background
To balance the needs of both industry and communities, Wyoming has developed a uniform, state-wide permitting system for all large-scale industrial facilities.
Wyoming's Industrial Development Information and Siting Act sets out the permitting and regulatory process for large-scale industrial facilities, including: – Commercial wind and solar farms – Hazardous waste disposal – Mine processing facilities – Any industrial facility with a build cost of more than $283.166 million to build. The Siting Act does not apply to pipelines, low voltage electric transmission lines, and drilling and production facilities for oil and gas.
four critical considerations
01
plan your strategy ahead of time
02
hire the right experts
03
cultivate relationships
04
understand impact assistance funds
Before applying, an applicant needs to make several crucial decisions. These include whether to file a section 107 or 109 application, what key stakeholder agencies to engage early, how much early public involvement will take place, and the timing of filing the application. Each of these decisions affects the timeline for getting a permit and the likelihood of opposition to a project.
Experienced consultants and counsel can make a significant difference in how the application proceeds through the review and contested case stages. Don’t let consultants skimp on the details—the more robust the application, the greater the likelihood of success.
Get to know the Industrial Siting Division staff, county officials, and community stakeholders. Having open lines of communication can help stave off problems or provide faster ways to resolve them if they occur. Working with people who already have those relationships is another great way to make the process run smoothly.
The Siting Act allocates money to local governments affected by the construction of large industrial facilities to offset potential increased costs of social services. A formula based on the project construction cost determines the assistance funds available and in recent years, local governments have become increasingly interested in securing these funds. While an applicant has no say what funds a local government receives, applicants need to know this issue is on the table while navigating the state and county permitting processes.
navigating the industrial siting process
Wyoming's Department of Environmental Quality administers the Siting Act and its processes through the Industrial Siting Division.
This meeting between the Division and the potential Industrial Siting Permit Applicant determines whether a proposed industrial facility satisfies the $253.9 million cost threshold or other jurisdictional hooks that require the applicant to continue through the Industrial Siting Process.
If a project qualifies for the Industrial Siting Process, the Division will send the applicant a letter confirming its jurisdiction.
The applicant then submits an application that complies with the statutory requirements of §107 or §109. The Division then starts its 90-day (or less) review process.
The Division’s review process includes publishing the application for public comment and submitting it to a variety of state agencies for review and comment. Within 30 days, the Division must inform the applicant of any deficiencies in the application and allow the applicant to correct deficiencies and submit additional information. Assuming all deficiencies are addressed, the Division will certify the application is complete.
After the Division's completeness decision is made, the application is sent to Wyoming’s Industrial Siting Council for final decision. The Council is a governor-appointed, seven-person panel that conducts contested cases to decide whether to grant an Industrial Siting Permit Application. The Council serves as a quasi-judicial body, evaluating the application, the Division’s work, and any public comments or objections. Each contested case is like a trial on the merits of the application, that includes: – Witnesses – Exhibits – Argument, if necessary At the end of each case, the Council will decide to grant or deny an application and issue findings.
siting process for wind and solar facilities
In addition to the state level permitting system, Wyoming also requires a company seeking to build a wind or solar facility to acquire a permit from the county or counties where the facility will be located.
Unlike the standardized state permitting system, counties are free to enact their own regulations requiring applicants to meet the minimum requirements of the county permit system. This state/county permitting system creates a patchwork of complex and varied requirements across Wyoming. As wind and solar development increases in Wyoming, counties continue to update and modify their permitting requirements, so applicants must remain current.
complexity of county permitting system
Regardless of the specific county requirements, Wyoming law requires the board of county commissioners to hold a public hearing on any permit application between 45 and 60 days after the county considers the application complete. The board must decide whether to grant or deny the application within 45 days.
timeline
contacts
Jeff Pope
PARTNER T. 307.778.4223 Send Email View Full Bio
Jeff assists companies in navigating the industrial siting process in Wyoming. He helps them plan their project from the jurisdictional meeting phase to contested case hearings before Wyoming’s Industrial Siting Council. Jeff has assisted clients in a variety of industries navigate this process, securing permits for carbon capture projects, commercial solar facilities, large commercial wind facilities, and refining operations.
www.hollandhart.com
wyoming project development experience
Holland & Hart lawyers work side by side with our clients to plan, develop, and build strong projects in Wyoming. Because our clients often involve us right from the inception of a project, we are uniquely positioned to anticipate the full scope of our clients’ business goals. We tailor each project team to seamlessly coordinate all of the pieces of the project, delivering comprehensive coverage of environmental, regulatory, government affairs, real estate, and transactional concerns. Our team helped clients navigate strategic projects from the planning to the permission phase in these recent Wyoming developments: a first-of-its-kind carbon capture project, the first solar project to receive an industrial siting permit, expansion of Trona facilities, and state of the art wind facilities.
Led team that acquired industrial siting permit for Fortune 100 company’s state of the art carbon capture project in southwest Wyoming. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Industrial Siting for Southwest Wyoming Carbon Capture Plans
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Mike Smith
OF COUNSEL T. 307.778.4217 Send Email View Full Bio
Mike leverages a sophisticated understanding of state and county processes to help companies navigate the labyrinth of regulatory, policy, and stakeholder relations issues involved in permitting and developing projects. Mike has cultivated valuable working relationships with a broad range of stakeholders including federal, state and local regulators, landowners, trade organizations, and conservation groups in Wyoming. He has advised a variety of clients on the industrial siting process, and helped secure the first industrial siting permit granted to a commercial solar energy project in Wyoming.
Wyoming's Industrial Development Information and Siting Act sets out the permitting and regulatory process for large-scale industrial facilities, including: – Commercial wind and solar farms – Hazardous waste disposal – Mine processing facilities – Any industrial facility with a build cost of more than $253.9 million to build. The Siting Act does not apply to pipelines, low voltage electric transmission lines, and drilling and production facilities for oil and gas.
Before applying, an applicant needs to decide whether to file a §107 or a §109 application as the process is somewhat different. Most applicants file a §109 application because the more detailed requirements insulate an application from future attacks on a granted permit.
Jeff assists companies in navigating the industrial siting process in Wyoming. He helps them plan their project from the jurisdictional meeting phase to contested case hearings before Wyoming’s Industrial Siting Council. Jeff has assisted clients in a variety of industries navigate this process, securing permits for carbon capture projects, large commercial wind facilities, and refining operations.
Wyoming Industrial Siting
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Wyoming's Industral Development information and Siting Act sets out the permitting and regulatory process for large-scale industrial facilities, including: – Commercial wind and solar farms – Hazardous waste disposal – Mine processing facilities – Any industrial facility with a build cost of more than $253.9 million to build. The Siting Act does not apply to pipelines, low voltage electric transmission lines, and drilling and production facilities for oil and gas.
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Wyoming's Industrial Development Information and Siting Act sets out the permitting and regulatory process for large-scale industrial facilities, including: – Commercial wind and solar farms – Hazardous waste disposal – Mine processing facilities – Any industrial facility with a build cost of more than $222.8 million to build. The Act does not apply to pipelines, electric transmission lines, and drilling and production facilities for oil and gas.
The Siting Act allocates money to local governments affected by the construction of large industrial facilities to offset potential increased costs of social services. A formula based on the project construction cost determines the assistance funds available and in recent years local governments have become increasingly interested in securing these funds. While an applicant has no say what funds a local government receives, applicants need to know this issue is on the table while navigating the state and county permitting processes
This meeting between the Division and the potential Industrial Siting Permit Applicant determines whether a proposed industrial facility satisfies the $222.8 million cost threshold or other jurisdictional hooks that require the applicant to continue through the Industrial Siting Process.
If a project qualifies for the Industrial Siting process, the Division will send the applicant a letter confirming its jurisdiction.
The Division’s review process includes publishing the application for public comment and submitting it to a variety of state agencies for review and comment. Within 30 days, the Division must inform the applicant of any deficiencies in the application and allow the applicant information to correct deficiencies and submit additional information. Assuming all deficiencies are addressed, the Division will certify the application is complete.
The Division's completeness decision sends the application to Wyoming’s Industrial Siting Council for final decision. The Council is a governor-appointed, seven person panel that conducts contested cases to decide whether to grant an Industrial Siting Permit Application. The Council serves as a quasi-judicial body, evaluating the application, the Division’s work, and any public comments or objections. Each contested case is like to a trial on the merits of the application, that includes: – Witnesses – Exhibits – Argument, if necessary At the end of each case, the Council will decide to grant or deny an application and issue findings.
contact
ASSOCIATE T. 307.778.4223 Send Email View Full Bio
Development of eastern wyoming wind farm
Served as lead counsel to Duke Energy Renewables in connection with the development of a 200.2-MW wind generation facility, the largest in Wyoming. Our multi-disciplinary team advised on permitting issues; and the negotiation and drafting of real estate agreements, a turbine supply agreement, and a power purchase agreement with PacifiCorp, the [describe its role in the project.]
Our lawyers work side by side with our clients to plan, develop, and build strong projects in Wyoming. Because our clients often involve us right from the inception of a project, we are uniquely positioned to anticipate the full scope of our clients’ business goals. We tailor each project team to seamlessly coordinate all of the pieces of the project, delivering comprehensive coverage of environmental, regulatory, government affairs, real estate, and transactional concerns.
