Mississippi Farmland, Migratory Bird, and Rural Protection from Industrial Wind Facilities Act; enact.

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To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Carter

SENATE BILL NO. 2528

AN ACT TO ENACT THE "MISSISSIPPI FARMLAND, MIGRATORY BIRD, 1
AND RURAL PROTECTION FROM INDUSTRIAL WIND FACILITIES ACT"; TO 2
STATE LEGISLATIVE PURPOSES AND FINDINGS; TO DEFINE TERMS; TO 3
PROHIBIT CERTAIN APPROVALS OF NEW INDUSTRIAL WIND FACILITIES; TO 4
VOID CERTAIN AUTHORIZATIONS; TO PREEMPT COUNTIES, MUNICIPALITIES 5
AND OTHER POLITICAL SUBDIVISIONS FROM AUTHORIZING ACTION 6
PROHIBITED UNDER THIS ACT; TO PROVIDE EXCEPTIONS; TO PROHIBIT 7
INDUSTRIAL WIND FACILITIES FROM BEING SITED ON OR WITHIN TWO MILES 8
OF PRIME OR UNIQUE FARMLAND; TO PROVIDE SETBACKS; TO PROTECT WATER 9
RESOURCES; TO PROHIBIT WIND TURBINE LOCATIONS IN AGRICULTURAL 10
AVIATION OPERATIONS AREAS; TO PROVIDE FOR NOISE AND SHADOW 11
FLICKER; TO REQUIRE WIND ENERGY SYSTEMS TO COMPLY WITH WILDLIFE 12
LAWS; TO PROHIBIT CERTAIN AREAS FOR SITING, CONSTRUCTION OR 13
OPERATION OF WIND TURBINES; TO REQUIRE THE MISSISSIPPI DEPARTMENT 14
OF WILDLIFE, FISHERIES, AND PARKS TO ESTABLISH RULES CONCERNING 15
WILDLIFE PROTECTION; TO PROVIDE FOR CORRECTIVE ACTION AND 16
DECOMMISSIONING OF WIND TURBINES; TO PROVIDE FOR GRANDFATHERED 17
FACILITIES; TO REQUIRE EACH INDUSTRIAL FACILITY SUBJECT TO THIS 18
ACT TO MAINTAIN A DECOMMISSIONING PLAN; TO REQUIRE OWNERS AND 19
OPERATORS TO POST AND MAINTAIN FINANCIAL ASSURANCE IN CERTAIN 20
FORMS; TO PROVIDE FOR FAILURE TO DECOMMISSION; TO DELEGATE 21
ENFORCEMENT AUTHORITY; TO PROVIDE AVAILABLE REMEDIES; TO CREATE A 22
PRIVATE RIGHT OF ACTION; TO PROVIDE FOR ATTORNEYS' FEES; TO 23
REQUIRE FAA NOTICE AND OBSTRUCTION EVALUATION; TO PROHIBIT ACTION 24
FOLLOWING A HAZARD DETERMINATION BY THE FAA; TO PROVIDE FOR RADAR 25
INTERFERENCE REVIEW; TO REQUIRE COORDINATION AMONG CERTAIN STATE 26
AGENCIES; TO PREVENT POLLUTION; TO REQUIRE INDUSTRIAL WIND 27
FACILITIES TO MAINTAIN AN OIL, GREASE AND FLUID MANAGEMENT PLAN; 28
TO REQUIRE SUCH PLAN TO MEET CERTAIN CRITERIA; TO PROVIDE FOR 29
BLADE AND COMPONENT DECOMMISSIONING; TO PROVIDE FOR SEVERABILITY 30
OF ANY PROVISION OF THIS ACT UPON A HOLDING OF INVALIDITY; AND FOR 31
RELATED PURPOSES. 32
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 33
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SECTION 1. (1) Short title. This act shall be known and 34
may be cited as the "Mississippi Farmland, Migratory Bird, and 35
Rural Protection from Industrial Wind Facilities Act." 36
(2) Legislative purpose. The purpose of this act is to: 37
(a) Protect prime and unique agricultural lands, 38
aquifers, rural communities and agricultural aviation operations 39
from adverse impacts associated with industrial-scale wind energy 40
facilities; 41
(b) Safeguard migratory birds, raptors, bats, waterfowl 42
and other wildlife using the Mississippi Flyway, consistent with 43
federal law, including the Migratory Bird Treaty Act, and with 44
Mississippi statutes protecting wild birds, nests and eggs; and 45
(c) Establish clear, uniform statewide standards 46
governing the siting, construction, operation, monitoring, 47
decommissioning, financial assurance and enforcement of wind 48
energy facilities. 49
(3) Legislative findings. The Legislature finds and 50
declares that: 51
(a) Mississippi's agricultural lands are essential to 52
the state's economy, food supply and rural heritage, and that 53
industrial wind turbines and associated infrastructure may 54
adversely affect soil health, drainage, aquifers, irrigation 55
systems, agricultural aviation safety and crop productivity; 56
(b) Mississippi lies within the Mississippi Flyway, a 57
major international migratory bird route, and industrial wind 58
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turbines are documented to cause mortality and injury to migratory 59
birds, raptors, bats and waterfowl, including species protected 60
under federal law; 61
(c) Mississippi law protects wild birds and their nests 62
and eggs, and federal law provides additional protections; 63
reinforcing these protections through siting and operational 64
standards for wind energy facilities serves the public interest; 65
(d) Large industrial wind turbines may impose 66
significant impacts on surrounding property owners, wildlife 67
resources, aquifers, agricultural operations and rural 68
communities; 69
(e) While Mississippi currently has limited wind 70
generation, recent wind resource assessments indicate increasing 71
technical potential, which, absent prudent regulation, could 72
result in widespread siting of industrial wind facilities on 73
agricultural lands and in rural communities; and 74
(f) Given the predominantly agricultural and rural 75
character of the state, and the cultural and economic importance 76
of migratory birds and waterfowl hunting, it is in the public 77
interest to impose stringent limitations on the siting of new 78
industrial wind facilities. 79
SECTION 2. (1) Definitions. For the purposes of this act, 80
the following terms shall have the meanings ascribed herein, 81
unless context clearly requires otherwise: 82
(a) "Industrial wind facility" means: 83
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(i) Any wind turbine with a nameplate capacity of 84
one (1) megawatt or greater; or 85
(ii) Any group of wind turbines with a combined 86
nameplate capacity of five (5) megawatts or greater, including all 87
associated towers, foundations, electrical collection systems, 88
substations, transformers, transmission interconnections, energy 89
storage systems, operations and maintenance buildings, 90
meteorological towers, access roads, crane paths, laydown areas 91
and related infrastructure. 92
(b) "Small wind energy system" means one or more wind 93
turbines with a combined nameplate capacity of less than one 94
hundred kilowatts (100kW) that serve on-site electrical demand 95
only and are not located on prime or unique farmland. 96
(c) "Prime farmland" and "unique farmland" have the 97
meanings assigned by the United States Department of Agriculture, 98
Natural Resources Conservation Service, as amended. 99
(d) "Mississippi Flyway high-risk zone" means areas 100
identified and mapped by the Mississippi Department of Wildlife, 101
Fisheries, and Parks, in consultation with the United States Fish 102
and Wildlife Service, as areas of concentrated use by migratory 103
birds, raptors, bats or waterfowl, including associated buffer 104
zones. 105
(e) "Agricultural aviation operations area" means any 106
area within ten (10) miles of an airport, airstrip or landing area 107
used for agricultural aviation or aerial application activities 108
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and registered with the Federal Aviation Administration or the 109
Mississippi Department of Agriculture and Commerce. 110
(f) "Federal Aviation Regulations, 14 CFR Par 77" means 111
the regulations of the Federal Aviation Administration codified at 112
Title 14, Code of Federal Regulations, Part 77, entitled "Safe, 113
Efficient Use, and Preservation of the Navigable Airspace," 114
adopted under 49 USC § 44718 and related provisions, as amended. 115
(g) "FAA obstruction evaluation" means the review 116
conducted pursuant to 49 USC § 44718 and 14 CFR Part 77, including 117
applicable FAA orders, advisory circulars and guidance. 118
(h) "Determination of Hazard" and "Determination of No 119
Hazard" mean written determinations issued by the Federal Aviation 120
Administration under 14 CFR Part 77 regarding the effect of a 121
proposed structure on the safe and efficient use of navigable 122
airspace. 123
(i) "Radar interference" means adverse effects of wind 124
turbines or associated structures on the performance of air 125
traffic control, national defense, homeland security, weather or 126
other critical radar systems, including clutter, shadowing, false 127
targets, loss of detection sensitivity or degraded tracking, as 128
identified by the Federal Aviation Administration, the United 129
States Department of Defense, the National Oceanic and Atmospheric 130
Administration or other participating federal agencies. 131
(2) Applicability. (a) This act applies to all new 132
industrial wind facilities proposed, permitted or constructed in 133
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the State of Mississippi on or after the effective date of this 134
act. 135
(b) Small wind energy systems remain subject to 136
Sections 3 and 5 of this act and any rules adopted pursuant 137
thereto. 138
SECTION 3. (1) Prohibition on approvals. Except as 139
provided in subsection (4) of this section, no state agency, 140
political subdivision, public utility, electric cooperative or 141
other entity with permitting, zoning or regulatory authority shall 142
approve, permit, construct or operate a new industrial wind 143
facility within the State of Mississippi. 144
(2) Void authorizations. Any permit, certificate, zoning 145
approval, license, easement, lease, tax incentive or other 146
authorization issued on or after the effective date of this act 147
that purports to authorize a new industrial wind facility in 148
violation of this act is void and of no force or effect. 149
(3) Statewide preemption. (a) This act occupies the field 150
of siting and regulation of industrial wind facilities. No 151
county, municipality, or other political subdivision may adopt or 152
enforce any ordinance or regulation that authorizes or materially 153
facilitates an industrial wind facility prohibited by this act. 154
(b) Nothing in this subsection prohibits political 155
subdivisions from adopting more restrictive provisions consistent 156
with this act, including increased setbacks, additional 157
environmental protections, or local prohibitions. 158
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(4) Exceptions. The prohibition in subsection (1) of this 159
section does not apply to: 160
(a) Small wind energy systems as defined in Section 161
2(1)(b) of this act; 162
(b) Any industrial wind facility that, as of the 163
effective date of this act, is fully constructed and in commercial 164
operation, which shall be subject to Sections 6 through 8 of this 165
act; or 166
(c) Any industrial wind facility expressly authorized 167
by a general law enacted after the effective date of this act that 168
specifically references and exempts the facility from this act. 169
SECTION 4. (1) Farmland restrictions. No industrial wind 170
facility may be sited, constructed or operated: 171
(a) On prime farmland or unique farmland; or 172
(b) Within two (2) miles of prime or unique farmland, 173
unless the owner of such farmland provides written consent and the 174
Mississippi Department of Agriculture and Commerce determines in 175
writing that the facility will not materially impair agricultural 176
productivity, drainage, irrigation or soil health. 177
(2) Setbacks. Any wind turbine permitted under a lawful 178
exception shall meet the greater of the following setbacks: 179
(a) Three (3) times the total turbine height from any 180
occupied dwelling; or 181
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(b) One and one-half (1.5) times the total turbine 182
height from any property line, public road or utility 183
right-of-way, unless a more restrictive local setback applies. 184
(3) Water resource protection. (a) No turbine foundation, 185
substation, transformer yard, or other permanent structure may be 186
located within a designated wellhead protection area, source water 187
protection area, or within one-half (0.5) mile of a public 188
drinking water supply well, unless approved in writing by the 189
Mississippi Department of Environmental Quality subject to 190
protective conditions. 191
(b) Construction and operation shall not alter drainage 192
patterns or increase flood risk to adjacent lands. Any disturbed 193
drainage tile or irrigation system shall be restored to equal or 194
better condition at the developer's expense. 195
(4) Agricultural aviation. (a) No wind turbine may be 196
located within an agricultural aviation operations area if the 197
Mississippi Department of Agriculture and Commerce determines that 198
the facility would materially interfere with aerial application 199
safety or operations. 200
(b) A written determination of no material interference 201
is required as a condition precedent to any approval. 202
(5) Noise and shadow flicker. (a) Noise shall not exceed 203
forty (40) dBA (A-weighted decibels) at the property line of a 204
nonparticipating landowner. 205
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(b) Shadow flicker on an occupied residence shall not 206
exceed thirty (30) hours per year. 207
(c) A violation of this subsection constitutes a 208
nuisance per se. 209
SECTION 5. (1) Compliance with wildlife laws. All wind 210
energy systems, including small wind energy systems, shall comply 211
with: 212
(a) The Migratory Bird Treaty Act and applicable 213
federal regulations; 214
(b) Federal protections for bald and golden eagles and 215
for threatened or endangered species, where applicable; 216
(c) Mississippi statutes protecting wild birds, 217
raptors, nests and eggs; and 218
(d) Rules adopted by the Mississippi Commission on 219
Wildlife, Fisheries, and Parks pursuant to this act. 220
(2) Prohibited siting areas. No wind turbine may be sited, 221
constructed or operated: 222
(a) Within any state or federal wildlife refuge, 223
wildlife management area, conservation area or wetland easement; 224
(b) Within any Mississippi Flyway high-risk zone or 225
associated buffer established by rule; or 226
(c) Within one (1) mile of any documented waterfowl 227
concentration area, major duck roost or duck hunting management 228
area designated by the Mississippi Department of Wildlife, 229
Fisheries, and Parks. 230
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(3) Rules for wildlife protection. The Mississippi 231
Department of Wildlife, Fisheries, and Parks, in consultation with 232
the United States Fish and Wildlife Service, shall adopt rules 233
requiring: 234
(a) Preconstruction surveys for avian, waterfowl, 235
raptor and bat species, including habitat assessments and 236
migratory use analyses; 237
(b) Operational restrictions during peak migration 238
periods within the Mississippi Flyway, including mandatory 239
curtailment or shutdown during high-risk periods identified by the 240
department; 241
(c) Post-construction mortality monitoring, carcass 242
searches and public reporting of bird and bat fatalities, with 243
minimum survey protocols established by rule; and 244
(d) Measures to protect resident and migratory ducks 245
and duck hunting activities, including setback or exclusion zones 246
around duck habitats, refuges, leased duck hunting lands and 247
public duck hunting areas. 248
(4) Corrective action; decommissioning. If monitoring 249
demonstrates significant mortality of migratory birds, raptors, 250
bats or other protected species, or significant adverse impacts on 251
duck habitat use or hunting activity, the permitting or enforcing 252
authority shall order appropriate corrective action, including 253
operational modifications, seasonal shutdowns, reductions in 254
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turbine number or operating hours or the permanent decommissioning 255
of any turbine or facility contributing to such impacts. 256
SECTION 6. (1) Grandfathered facilities. Any industrial 257
wind facility that is fully constructed and in commercial 258
operation before the effective date of this act may continue 259
operation, subject to: 260
(a) All wildlife protection requirements and rules 261
adopted under Section 5 of this act; 262
(b) The decommissioning and financial assurance 263
requirements of Section 7 of this act; and 264
(c) Periodic review and corrective action pursuant to 265
Section 5(4) of this act. 266
(2) Prohibited expansion. No grandfathered industrial wind 267
facility may add turbines, increase nameplate capacity or 268
materially expand its physical footprint after the effective date 269
of this act. Any such expansion shall be treated as a new 270
industrial wind facility subject to the prohibitions of Section 3 271
of this act. 272
SECTION 7. (1) Decommissioning plan. Each industrial wind 273
facility subject to this act shall maintain a decommissioning 274
plan, approved by the Mississippi Department of Agriculture and 275
Commerce, that: 276
(a) Provides for removal of all above-ground equipment 277
and removal of foundations to a depth of not less than four (4) 278
feet below grade upon the earlier of the end of the facility's 279
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useful life or twenty-four (24) consecutive months of 280
nonoperation; 281
(b) Requires restoration of topsoil, drainage and 282
agricultural productivity to preconstruction conditions to the 283
extent practicable; and 284
(c) Identifies responsible parties, timelines and 285
reporting requirements. 286
(2) Financial assurance. (a) The owner or operator shall 287
post and maintain financial assurance in the form of a surety 288
bond, letter of credit or other financial instrument acceptable to 289
the Mississippi Public Service Commission or other designated 290
authority, in an amount sufficient to cover the full cost of 291
decommissioning and site restoration, without reliance on salvage 292
value. 293
(b) The amount of financial assurance shall be reviewed 294
at least once every five (5) years and adjusted as necessary for 295
inflation and updated cost estimates. 296
(3) Failure to decommission. If a responsible party fails 297
to decommission a facility in accordance with an approved plan, 298
the state or an affected political subdivision may draw upon the 299
financial assurance to complete decommissioning and restoration 300
and may pursue any additional remedies authorized by law. 301
SECTION 8. (1) Enforcement authority. This act and rules 302
adopted pursuant to it may be enforced by the Mississippi Attorney 303
General, the Mississippi Public Service Commission, the 304
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Mississippi Department of Wildlife, Fisheries, and Parks, the 305
Mississippi Department of Environmental Quality and any affected 306
political subdivision. 307
(2) Available remedies. Remedies for violations of this act 308
or rules adopted under it include: 309
(a) Injunctive relief to halt construction or operation 310
of a noncompliant turbine or facility; 311
(b) Civil penalties assessed per day of violation as 312
provided by statute or rule; 313
(c) Suspension or revocation of permits or approvals; 314
and 315
(d) Orders requiring curtailment, shutdown or 316
decommissioning pursuant to Sections 5 and 7 of this act. 317
(3) Private right of action. Any person who owns property 318
or resides within five (5) miles of a wind turbine or proposed 319
wind turbine and who is adversely affected by a violation of this 320
act or rules adopted under it may bring a civil action for 321
injunctive relief and damages in a court of competent 322
jurisdiction. 323
(4) Attorneys' fees. The court may award reasonable 324
attorneys' fees and costs to a prevailing plaintiff in an action 325
brought under subsection (3) of this section. 326
SECTION 9. (1) FAA notice and obstruction evaluation 327
required. (a) Any person proposing to construct a wind turbine 328
or associated structure that meets the notice requirements of 14 329
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CFR § 77.9, or any successor regulation, shall file the required 330
notice with the Federal Aviation Administration and obtain an FAA 331
obstruction evaluation before any state or local permit, approval 332
or authorization is issued. 333
(b) No state agency, political subdivision, public 334
utility or electric cooperative shall issue any permit, 335
certificate, zoning approval or other authorization for a wind 336
turbine or industrial wind facility unless a final FAA 337
Determination of No Hazard to Air Navigation has been issued for 338
each structure, and all conditions contained therein are 339
incorporated as enforceable conditions of approval. 340
(2) Prohibition following hazard determination. (a) No 341
wind turbine or associated structure shall be constructed, 342
reconstructed or operated if the Federal aviation Administration 343
issues a Determination of Hazard to Air Navigation, unless such 344
determination is withdrawn and replaced with a determination of No 345
Hazard. 346
(b) Any authorization issued in violation of this 347
subsection is void and of no force or effect. 348
(3) Radar interference review. (a) As a condition of any 349
approval granted under a limited exception to this act, an 350
applicant shall demonstrate completion of all applicable federal 351
radar interference reviews, including coordination through the FAA 352
Obstruction Evaluation and Airport Airspace Analysis process and 353
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any Department of Defense or interagency review applicable to wind 354
turbine radar impacts. 355
(b) If a participating federal agency determines that a 356
proposed turbine or facility would cause unacceptable radar 357
interference that cannot be mitigated through siting, design or 358
operational restrictions, the turbine or facility shall not be 359
approved or constructed. 360
(c) Any mitigation measures or conditions identified 361
through federal review, including restrictions on turbine height, 362
location, layout or operation, shall be incorporated as mandatory 363
and enforceable conditions of state and local approval. 364
(4) State coordination. (a) The Mississippi Department of 365
Transportation, the Mississippi Public Service Commission and the 366
Mississippi Emergency Management Agency shall, as appropriate, 367
coordinate with federal agencies to ensure evaluation of aviation 368
safety, air traffic operations, national defense, homeland 369
security missions and weather radar impacts. 370
(b) These agencies may adopt rules or enter into 371
memoranda of understanding consistent with federal guidance 372
regarding wind turbine radar interference mitigation. 373
(5) Relationship to other provisions. Compliance with this 374
section is in addition to, and not in lieu of, all other 375
prohibitions, siting restrictions, wildlife protections, 376
decommissioning requirements and enforcement provisions of this 377
act. Nothing in this section shall be construed to authorize an 378
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industrial wind facility otherwise prohibited by Section 3 of this 379
act. 380
SECTION 10. (1) Purpose. The purpose of this section is to 381
prevent, detect and remediate releases of oils, hydraulic fluids, 382
grease and other polluting substances from wind energy systems and 383
to ensure that wind turbine blades and major components are 384
decommissioned, transported and disposed of or recycled in a 385
manner that protects agriculture, water resources, wildlife and 386
public health. 387
(2) Oil, grease and fluid management. (a) Each industrial 388
wind facility and small wind energy system shall maintain an Oil, 389
Grease and Fluid Management Plan approved by the Mississippi 390
Department of Environmental Quality (MDEQ). 391
(b) The plan shall include, at a minimum: 392
(i) An inventory of all oils, hydraulic fluids, 393
lubricants and greases used; 394
(ii) Secondary containment and engineering 395
controls to prevent releases; 396
(iii) Inspection and maintenance schedules 397
designed to detect leaks; 398
(iv) Spill response procedures and personnel 399
training; and 400
(v) Emergency notification and coordination 401
procedures. 402
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(c) Any release that threatens soil, surface water, 403
groundwater, wetlands, drainage systems or agricultural land shall 404
be immediately contained and reported to MDEQ and affected 405
landowners within twelve (12) hours. 406
(d) All cleanup and remediation shall be conducted in 407
accordance with standards established by MDEQ, at the operator's 408
expense. 409
(3) Blade and component decommissioning. (a) In addition 410
to the decommissioning plan required under Section 7 of this act, 411
each industrial wind facility shall maintain a blade and component 412
decommissioning plan approved by MDEQ. 413
(b) Wind turbines blades, nacelles, towers, 414
transformers and other major components shall not be buried on 415
site, abandoned or disposed of in a manner that impairs 416
agricultural use, drainage or wildlife habitat. 417
(c) Upon decommissioning, all blades and above-ground 418
components shall be removed, and disturbed areas restored in 419
accordance with Section 7 of this act. 420
(d) Transportation and disposal or recycling of blades 421
and components shall comply with all applicable state and federal 422
laws. 423
(e) Financial assurance required under Section 7 of 424
this act shall include the full cost of blade and component 425
removal, transportation, recycling or disposal, without reliance 426
on salvage value. 427
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ST: Mississippi Farmland, Migratory Bird, and
Rural Protection from Industrial Wind Facilities
Act; enact.
(4) Enforcement. Failure to comply with this section 428
constitutes a violation enforceable under Section 8 of this act. 429
SECTION 11. Severability. If any provision of this act or 430
the application thereof to any person or circumstance is held 431
invalid, such invalidity shall not affect other provisions or 432
applications of the act that can be given effect without the 433
invalid provision or application. To this end, the provisions of 434
this act are declared severable. 435
SECTION 12. This act shall take effect and be in force from 436
and after July 1, 2026, and shall apply to every relevant permit, 437
contract, lease, approval or authorization executed on or after 438
that date. 439