{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-160.21v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-160.21v1","heading":"Notification of intent to build a facility","body":"A. The owner of a wind energy facility shall submit\n\nnotification of intent to build a facility to the Corporation\n\nCommission within six (6) months of the initial filing pertaining to\n\ncommencement of construction with the Federal Aviation\n\nAdministration (FAA) of an FAA Form 7460-1 (Notice of Proposed\n\nConstruction or Alteration) or any subsequent form required by the\n\nFAA for evaluating the impact a proposed wind energy facility will\n\nhave on air commerce safety and the preservation of navigable\n\nairspace. The Corporation Commission shall prescribe the form and\n\nsubmittal requirements of the notification; provided, the\n\ninformation required on the notification form shall include at least\n\nthe same information required on the FAA form. The owner of the\n\nwind energy facility shall send copies of the notification with the\n\nboard of county commissioners of every county in which all or a\n\nportion of the wind energy facility is to be located within twenty-\n\nfour (24) hours of filing with the Corporation Commission. If all\n\nor a portion of the wind energy facility is to be located within the\n\nincorporated area of a municipality, copies of the notification\n\nshall also be sent to the governing body of the municipality within\n\ntwenty-four (24) hours of filing with the Commission.\n\nB. Within thirty (30) days of submitting the notification to\n\nthe Corporation Commission, as provided for in subsection A of this\n\nsection, the owner of the wind energy facility shall cause a copy of\n\nthe notification to be submitted to the Oklahoma Strategic Military\n\nPlanning Commission. The Oklahoma Strategic Military Planning\n\nCommission shall notify local base commanders upon receipt of the\n\nnotification. The Oklahoma Strategic Military Planning Commission\n\nshall submit a letter to the Military Aviation and Installation\n\nAssurance Siting Clearinghouse outlining potential areas of impact,\n\nas provided in Section 160.20 of this title, within thirty (30) days\n\nof receipt of the notification. The letter from the Oklahoma\n\nStrategic Military Planning Commission shall be filed with the\n\nCorporation Commission.\n\nC. Within six (6) months of submitting the notification with\n\nthe Commission as provided for in subsection A of this section, the\n\nowner of the wind energy facility shall cause a copy of the\n\nnotification to be published in a newspaper of general circulation\n\nin the county or counties in which all or a portion of the wind\n\nenergy facility is to be located. Proof of publication shall be\n\nsubmitted to the Commission.\n\nD. Within six (6) months of submitting the notification with\n\nthe Commission as provided in subsection A of this section, the\n\nowner of the wind energy facility shall cause a copy of the\n\nnotification to be sent, by certified mail, to:\n\n1. Any operator, as reflected in the records of the Corporation\n\nCommission, who is conducting oil and gas operations upon all or any\n\npart of the surface estate as to which the wind energy developer\n\nintends the construction of the wind energy facility;\n\n2. Any operator, as reflected in the records of the Corporation\n\nCommission, of an unspaced unit, or a unit created by order of the\n\nCorporation Commission, who is conducting oil and gas operations for\n\nthe unit where all or any part of the unit area is within the\n\ngeographical boundaries of the surface estate as to which the wind\n\nenergy developer intends the construction of the wind energy\n\nfacility; and\n\n3. As to tracts of land not described in paragraphs 1 and 2 of\n\nthis subsection on which the wind energy developer intends to\n\nconstruct a wind energy facility, all lessees of oil and gas leases\n\ncovering the mineral estate underlying any part of the tracts of\n\nland that are filed of record with county clerk in the county where\n\nthe tracts are located and whose primary term has not expired.\n; and\n\n3. As to tracts of land not described in paragraphs 1 and 2 of\n\nthis subsection on which the wind energy developer intends to\n\nconstruct a wind energy facility, all lessees of oil and gas leases\n\ncovering the mineral estate underlying any part of the tracts of\n\nland that are filed of record with county clerk in the county where\n\nthe tracts are located and whose primary term has not expired.\n\nIf the wind energy developer makes a search with reasonable\n\ndiligence, and the whereabouts of a party entitled to any notice\n\ndescribed in this subsection cannot be ascertained or such notice\n\ncannot be delivered, then an affidavit attesting to such diligent\n\nsearch for the parties shall be placed in the records of the county\n\nclerk where the surface estate is actually located.\n\nE. Within sixty (60) days of publishing the notification in a\n\nnewspaper as provided for in subsection C of this section, the owner\n\nof the wind energy facility shall hold a public meeting. Notice of\n\nthe public meeting shall be published in a newspaper of general\n\ncirculation and submitted to the board of county commissioners in\n\nthe county or counties in which all or a portion of the wind energy\n\nfacility is to be located. The notice shall contain the place, date\n\nand time of the public meeting. Proof of publication of the notice\n\nshall be submitted to the Commission. The public meeting shall be\n\nheld in one of the counties in which all or a portion of the wind\n\nenergy facility is to be located.\n\nF. With regard to the surface estate upon which the owner of a\n\nwind energy facility intends to construct a wind energy facility, at\n\nleast sixty (60) days before entering upon the surface estate for\n\nthe purposes of commencement of construction of the wind energy\n\nfacility, the owner shall provide written notice, by certified mail,\n\nof its intent to construct the wind energy facility to:\n\n1. Any operator, as reflected in the records of the Corporation\n\nCommission, who is conducting oil and gas operations upon all or any\n\npart of the surface estate as to which the wind energy developer\n\nintends the construction of the wind energy facility;\n\n2. Any operator, as reflected in the records of the Corporation\n\nCommission, of an unspaced unit, or a unit created by order of the\n\nCorporation Commission, who is conducting oil and gas operations for\n\nthe unit where all or any part of the unit area is within the\n\ngeographical boundaries of the surface estate as to which the wind\n\nenergy developer intends the construction of the wind energy\n\nfacility; and\n\n3. As to tracts of land not described in paragraphs 1 and 2 of\n\nthis subsection on which the wind energy developer intends to\n\nconstruct a wind energy facility, all lessees of oil and gas leases\n\ncovering the mineral estate underlying any part of the tracts of\n\nland that are filed of record with county clerk in the county where\n\nthe tracts are located and whose primary term has not expired.\n\nThe notice shall contain a map or plat of the proposed location,\n\nwith sufficient specificity of all of the various elements of the\n\nwind energy facility to be located on the governmental section which\n\nincludes all or any part of the tracts of land described in\n\nparagraphs 1, 2 and 3 of this subsection and the approximate date\n\nthat the owner of the wind energy facility proposes to commence\n\nconstruction. If the wind energy developer makes a search with\n\nreasonable diligence, and the whereabouts of a party entitled to any\n\nnotice described in this subsection cannot be ascertained or such\n\nnotice cannot be delivered, then an affidavit attesting to such\n\ndiligent search for the parties shall be placed in the records of\n\nthe county clerk where the surface estate is actually located.\n\nWithin thirty (30) days of receiving said notice, any operator, as\n\ndescribed in paragraphs 1, 2 and 3 of this subsection shall\nd to any\n\nnotice described in this subsection cannot be ascertained or such\n\nnotice cannot be delivered, then an affidavit attesting to such\n\ndiligent search for the parties shall be placed in the records of\n\nthe county clerk where the surface estate is actually located.\n\nWithin thirty (30) days of receiving said notice, any operator, as\n\ndescribed in paragraphs 1, 2 and 3 of this subsection shall\n\nreciprocate, in writing by certified mail, certain site, operational\n\nand infrastructure information, with sufficient specificity, to be\n\nshared with the owner of the wind energy facility to assist both\n\nwith the safe construction and operation pertaining to the surface\n\nestate. This information should include ALTA surveys of existing\n\nsubsurface and surface improvements on the property, if any, as well\n\nas other technical specifications for existing improvements such as\n\npipe size, material, capacity and depth.\n\nG. The owner of a wind energy facility shall not commence\n\nconstruction on the facility until the notification and public\n\nmeeting requirements of this section have been met. If an owner of\n\na wind energy facility fails to submit the information as required\n\nin this section, the owner shall be subject to an administrative\n\npenalty from the Corporation Commission not to exceed One Thousand\n\nFive Hundred Dollars ($1,500.00) per day.","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":"df0e1c5f1a913d8b16adcbaa7e96b0a065ecab314839e8f14cd59f8db1bdad3f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-160.21","next":"us-ok/okla.-stat.-tit.-17-17-160.21v2"},"notice":"GroundRules: Original legal text. Not legal advice."}