{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-160.20","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-160.20","heading":"Setback requirements","body":"A. After August 21, 2015, no wind energy facility may be\n\nconstructed if the base of any tower is located at a distance of\n\nless than:\n\n1. One and one-half (1 1/2) nautical miles from the center line\n\nof any runway located on:\n\na. a public-use airport as defined in Section 120.2 of\n\nTitle 3 of the Oklahoma Statutes, or\n\nb. an airport owned by a municipality;\n\n2. One and one-half (1 1/2) nautical miles from any public\n\nschool which is a part of a public school district; or\n\n3. One and one-half (1 1/2) nautical miles from a hospital.\n\nB. Attestation of compliance with the setback requirements in\n\nthis section shall be included in any reports required by the\n\nCorporation Commission. Stakeholder and landowner disputes arising\n\nunder subsection A of this section shall fall under the exclusive\n\njurisdiction of the district courts. The Corporation Commission may\n\nseek enforcement of the submission and attestation requirements of\n\nthis subsection and subsection C of this section through its\n\nadministrative court system.\n\nC. After April 3, 2018, construction or operation of a proposed\n\nindividual wind turbine or any other individual structure requiring\n\na Federal Aviation Administration (FAA) Form 7460-1 that is part of\n\na wind energy facility shall not encroach upon or otherwise have a\n\nsignificant adverse impact on the mission, training or operations of\n\nany military installation or branch of military as determined by the\n\nMilitary Aviation and Installation Assurance Siting Clearinghouse\n\n(Clearinghouse) and the FAA. Areas of impact include, but are not\n\nlimited to, military training routes, drop zones, approaches to\n\nrunways and bombing ranges. No individual wind turbine or any other\n\nindividual structure that requires a FAA 7460-1 form that is part of\n\na wind energy facility may be constructed or expanded unless there\n\nis an active Determination of No Hazard from the FAA and adverse\n\nimpacts to the United States Department of Defense, pursuant to\n\nTitle 32 of the Code of Federal Regulations, Section 211.6, have\n\nbeen resolved as evidenced by documentation from the Clearinghouse\n\nfor the individual wind turbine or other individual structure. The\n\nMission Compatibility Certification Letter or successor form may\n\nserve as such evidence of adverse impacts being resolved with the\n\nDepartment of Defense or successor agency.\n\n1. The Determination of No Hazard and documentation of the\n\nresolution of adverse impacts to the Department of Defense shall be\n\nfiled with the Corporation Commission and the Oklahoma Department of\n\nAerospace and Aeronautics.\n\n2. The requirements established by this subsection shall not\n\nprohibit the construction of an individual wind turbine or any other\n\nindividual structure requiring a FAA 7460-1 form that is part of a\n\nwind energy facility if that individual wind turbine or other\n\nindividual structure has received a Determination of No Hazard or\n\nmitigation plan on or before April 3, 2018.\n\n3. The Corporation Commission is authorized to promulgate rules\n\nand regulations for the implementation of the provisions of this\n\nsection and Section 160.21 of this title.\n\nD. If an owner of a wind energy facility fails to submit an\n\nactive Determination of No Hazard and documentation that adverse\n\nimpacts to the Department of Defense have been resolved by the\n\nClearinghouse for the individual wind turbine or other individual\n\nstructure prior to the start of construction, the owner shall be\n\nsubject to an administrative penalty not to exceed One Thousand Five\n\nHundred Dollars ($1,500.00) per day, per violation from the\n\nCorporation Commission as provided by law. In addition,\n\nstakeholders, including, but not limited to, the Corporation\n\nCommission or the Oklahoma Department of Aerospace and Aeronautics\n\nmay institute an action in any court of general jurisdiction to\n\nprevent, restrain, correct or abate any violation of subsection C of\nOne Thousand Five\n\nHundred Dollars ($1,500.00) per day, per violation from the\n\nCorporation Commission as provided by law. In addition,\n\nstakeholders, including, but not limited to, the Corporation\n\nCommission or the Oklahoma Department of Aerospace and Aeronautics\n\nmay institute an action in any court of general jurisdiction to\n\nprevent, restrain, correct or abate any violation of subsection C of\n\nthis section other than Corporation Commission actions related to\n\nsubmissions or attestations.","path":["OK Code","Title 17"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os17.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"da897557a4d75fe33d98524ba142c2449526958fdbc27e36b922696952affd48","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-160.2","next":"us-ok/okla.-stat.-tit.-17-17-160.21"},"notice":"GroundRules: Original legal text. Not legal advice."}