060-6 Wyo. Code R. §§ 6-6 - Applications

(a) Forms and Fees. All applications to lease lands for wind energy development shall be made on forms furnished by the Office. Application forms must be completed in full, setting forth the proposed location and estimated value of any and all improvements to be constructed on the leased area. Any false or incomplete statement willfully made that materially affects the application will be considered as fraud, deceit, or misrepresentation and shall be cause for the rejection of the application. An application fee as determined by the Office must be submitted as indicated on the application form.

(b) Signature. If an application is signed by a party other than the wind energy lease applicant, the legal instrument authorizing such signature, i.e., power of attorney, letters of administration, letters testamentary, final decree of distribution, etc., together with the required filing fee must accompany the application.

(c) Renewal periods. The wind energy lessee must apply for renewal on forms provided by the Office at least ninety (90) days prior to the expiration of a wind energy lease. In such event, lessee and Office shall negotiate a new wind energy lease agreement evidencing the additional lease term not to exceed seventy-five (75) years from the effective date of the original wind energy lease. Any new wind energy lease agreement shall contain the terms and conditions (including the total rents to be paid under such new lease term) agreed to by Office and lessee, and approved by the Board.

(d) Competitive interest. If two or more applications are filed to lease the same land for wind energy development or if competitive interest exists, the Office shall consider issuing a Request for Proposal (RFP) to solicit competitive wind energy lease offers. Prior to issuing an RFP under this Subsection, the Office shall provide not less than thirty (30) days notice of its intent to issue an RFP:

(i) On the Office of State Lands website;

(ii) In a newspaper of general circulation in the county or counties where the state lands are to be leased;

(iii) To current lessees of the state land and owners of adjoining lands by certified mail.

(e) Legal description. All applications for wind energy leases will require a legal description which identifies the property proposed for lease. At the discretion of the Office, a legal survey and plat may be required identifying the location of all proposed improvements.

(f) Planning, zoning, and other laws applicable to state land. The wind energy lease applicant shall include evidence with the application that all proposed uses within the proposed lease are in compliance with all land use planning, zoning, and other laws applicable to state lands in the jurisdiction(s) where the property is located.

Notes

060-6 Wyo. Code R. §§ 6-6

Amended, Eff. 7/19/2023 (EMERGENCY). Amended, Eff. 12/12/2023.