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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2751 By: Caldwell (Trey) and Hays
COMMITTEE SUBSTITUTE
An Act relating to wind energy; making l egislative
findings; defining terms; providing for setback
requirement for certain affected counties; providing
exceptions; authorizing waiver by certain owners of
real property; providing for continuation of setback;
providing procedures for referral of q uestion to
eligible voters of a county; requiring Oklahoma
Corporation Commission to maintain database;
providing for noncodification; and providing for
codification.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds that construction and operation of wind
turbines and construction of the towers used in connection with wind
turbines is a matter wh ich is the proper subject of legislation.
The Legislature finds that the height of towers used to support
commercial wind turbines for production of electrical energy by
means of wind power is a potential issue with respect to setback
limitations and that there is a need for uniformity in areas of the
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state likely to be affected by the construction and operation of
towers and wind turbines. The Legislature finds that consideration
of population density and average wind speed are a logical basis in
order to enact legislation related to setback requirements for the
structures used in the wind energy industry that pose risks related
to either persons or property or both in the event of damage to the
structures or structural failures.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.21.1 of Title 17, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Affected county" means a county having both a population
density greater than eight and five -tenths (8.5) persons per square
mile according to the 2020 Federal Decennial Census or most recent
population estimate and a county which has an average wind speed of
less than nine and five -tenths (9.5) miles per hour according to the
most recent climatology documents by county from the Oklahoma
Climatological Survey as of the effective date of this act;
2. "Improvement to real property" means a residential dwelling
or a building used or suitable for use by a for-profit or nonprofit
entity. As used in this act, "improvement" shall not include a
fence;
3. "Industrial wind turbine" means a device used for the
production of electrical energy by means of wind;
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4. "Tip height" means the highest measurable poin t of a tower
upon which an industrial wind turbine is installed or is capable of
being installed, including the height of the turbine itself without
regard to any period of time during which a turbine is removed from
the tower; and
5. "Tower" means a vert ical structure used in order to support
an industrial wind turbine.
B. Except as provided by Section 160.20 of Title 17 of the
Oklahoma Statutes, except as provided by subsection C of this
section, and except as provided by subsection G of this section, i n
an affected county on or after the effective date of this act, a
tower or similar structure used in connection with an industrial
wind turbine shall not be located any closer than a distance of two
and one-half (2 1/2) times the tip height of the tower o r one-
quarter (1/4) of one (1) mile, whichever distance is the greater.
For purposes of this section, the distance shall be measured from
the point on the property line of the parcel of real property upon
which the tower is located, which is nearest to th e point at which
an improvement to real property affected by the provisions of this
act is located.
C. An owner of real property that would otherwise be subject to
the provisions of this act with respect to a setback distance
applicable to a tower may wai ve the otherwise applicable setback
requirement. In order to exercise the waiver authorized by this
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subsection, some part of the real property shall be required to be
within a distance of two and one -half (2 1/2) times the tip height
of the tower or one-quarter (1/4) of one (1) mile, whichever is
greater, to be calculated as required by subsection B of this
section.
D. The provisions of subsection B of this section shall
continue to be applicable to the construction of a tower or similar
structure used in connection with an industrial wind turbine unless
a majority of the qualified electors of a county voting on a
question submitted for such purpose by the board of county
commissioners of the county approve a modification or elimination of
the setback limitation as prescribed by subsection B of this section
with respect to a tower constructed on or after the effective date
specified in the question submitted to the voters. The vote
authorized by this subsection may occur no more often than once each
five (5) years.
E. Subject to the limitations prescribed by subsection D of
this section, the question described by subsection D of this section
may be referred to a vote of the qualified electors of the county by
an affirmative vote of a majority of the board of county
commissioners.
F. The provisions of this section shall be applicable to towers
the physical construction of which begins on or after the effective
date of this act.
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G. The provisions of this act shall not be applicable to any
entity that owns, directly or indirectly, any wind turbine that
would otherwise be subject to the provisions of this act if the
entity is a party to a contract for the sale of electrical energy
produced by or capable of being produced by one or more wind
turbines located within the state and such contract is in effect
upon the effective date of this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.21.2 of Title 17, unless
there is created a duplicatio n in numbering, reads as follows:
The Oklahoma Corporation Commission shall maintain a publicly
accessible and searchable database containing the status of each
county of the state with respect to whether a setback provision is
in effect and the relevant i nformation regarding the setback
provisions, including any applicable expiration date.
60-1-13189 JBH 03/05/25