{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-160.21v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-160.21v2","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 with the\n\nFederal Aviation Administration (FAA) of a FAA 7460-1 form. The\n\nCorporation Commission shall prescribe the form and submittal\n\nrequirements of the notification; provided, the information required\n\non the notification form shall include at least the same information\n\nrequired on the FAA form and a map of the project boundary. The\n\nowner of a wind energy facility shall submit to the Oklahoma\n\nDepartment of Aerospace and Aeronautics copies of all initial FAA\n\n7460-1 forms for all individual wind turbines or any other\n\nindividual structure that requires a FAA Form 7460-1 that is part of\n\na wind energy facility within thirty (30) days of the initial filing\n\nwith the FAA. The Oklahoma Department of Aerospace and Aeronautics\n\nshall prescribe the submittal requirements for the 7460-1 form. The\n\nowner of the wind energy facility shall send copies of the\n\nnotification to the board of county commissioners of every county in\n\nwhich all or a portion of the wind energy facility is to be located\n\nwithin twenty-four (24) hours of filing with the Corporation\n\nCommission. If all or a portion of the wind energy facility is to\n\nbe located within the incorporated area of a municipality, copies of\n\nthe notification shall also be sent to the governing body of the\n\nmunicipality within twenty-four (24) hours of filing with the\n\nCorporation Commission. If the owner of a wind energy facility is\n\nrequired to file subsequent 7460-1 forms with the FAA due to\n\nchanging locations or heights of individual structures from the\n\nlocations or heights originally proposed in the initial 7460-1 forms\n\nsubmitted to the Oklahoma Department of Aerospace and Aeronautics,\n\nthe owner shall, within ten (10) days of filing with the FAA, submit\n\nsuch subsequent 7460-1 forms to the Corporation Commission and\n\nOklahoma Department of Aerospace and Aeronautics. A wind energy\n\nfacility owner shall not be required to start the notification\n\nprocesses over unless the subsequent 7460-1 forms expand the project\n\nbeyond its original boundaries submitted to the Corporation\n\nCommission.\n\nB. Within ten (10) days of receiving a FAA 7460-1 form, as\n\nprovided for in subsection A of this section, the Oklahoma\n\nDepartment of Aerospace and Aeronautics shall notify the Oklahoma\n\nStrategic Military Planning Commission. The Oklahoma Strategic\n\nMilitary Planning Commission shall notify local base commanders upon\n\nreceipt of this notification. The Oklahoma Strategic Military\n\nPlanning Commission shall submit a letter to the Military Aviation\n\nand Installation Assurance Siting Clearinghouse outlining potential\n\nareas of impact, as provided in Section 160.20 of this title, within\n\nthirty (30) days of receipt of the notification. The letter from\n\nthe Oklahoma Strategic Military Planning Commission shall be\n\nsubmitted to the Corporation Commission, the Oklahoma Department of\n\nAerospace and Aeronautics and the wind energy facility owner at the\n\nsame time the letter is submitted to the Clearinghouse.\n\nC. Within six (6) months of submitting the notification with\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 published in a newspaper of general\n\ncirculation in the county or counties in which all or a portion of\n\nthe wind energy facility is to be located. Proof of publication\n\nshall be submitted to the Corporation Commission.\n\nD. Within six (6) months of submitting the notification with\n\nthe Corporation Commission as provided in subsection A of this\n\nsection, the owner of the wind energy facility shall cause a copy of\n\nthe notification to be sent, by certified mail, to:\n17. Corporation Commission Page 135\n\nthe wind energy facility is to be located. Proof of publication\n\nshall be submitted to the Corporation Commission.\n\nD. Within six (6) months of submitting the notification with\n\nthe Corporation Commission as provided in subsection A of this\n\nsection, the owner of the wind energy facility shall cause a copy of\n\nthe notification 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\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 Corporation Commission. The public\n\nmeeting shall be held in one of the counties in which all or a\n\nportion of the wind energy 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\naphical 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 such 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 American Land Title\n\nAssociation (ALTA) surveys of existing subsurface and surface\n\nimprovements on the property, if any, as well as other technical\n\nspecifications for existing improvements such as pipe size,\n\nmaterial, 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, per violation as provided\n\nby law.","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":"25f42eb40bc74dfe9dc2fcfb174dfb59b88f1e9c34985eb0eb1c51dbde8d42a9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-160.21v1","next":"us-ok/okla.-stat.-tit.-17-17-160.22"},"notice":"GroundRules: Original legal text. Not legal advice."}