‘Held in abeyance’

A legal term that means “temporarily suspended” was the Union County Board of Supervisors’ answer to growing concerns with wind energy conversion systems being built in Union County.

The supervisors adopted a policy that any new permit applications regarding wind turbines will be “held in abeyance’ until January 2021. The policy will take effect Aug. 1.

After two months of deliberation, research, seeking input from the community and exploring legal options, the supervisors responded to an anti-wind turbine petition at its regular meeting Monday in the Union County Courthouse.

The petition, which was originally presented by Francine Ide, contained over 700 signatures and asked the supervisors to put a moratorium on any new wind turbine construction in the county due to health, agricultural, tourism and economic concerns.

“We’re listening,” supervisor Ron Riley said to the nearly 20 spectators that gathered in the court room to hear the decision. “I’ve learned one thing for certain: there are pickup loads of information out there ... on how great wind energy is and all the economic benefits ... also there is another pickup load out there of how horrible wind energy is, you might say ‘ruining our life as we know it.’

“Is wind energy saving rural Iowa or is it wrecking rural Iowa? I feel like the answer is somewhere in between,” Riley added.

County attorney Tim Kenyon explained that the supervisors do not have the authority to simply say there will be no wind turbines at all. He cautioned the supervisors not to use words like “stop” when referring to the policy. To do so would be “stepping out of your lane” and leave the supervisors in an indefensible legal position.

Because there is no zoning in rural Union County, the supervisors cannot regulate land use unless there is a direct effect on the county or its assets. The current wind turbine ordinance was put in place to protect county roads and to ensure the county would not be left responsible in the event a turbine is abandoned.

“In rural Union County the only way we really have a manner of keeping track or as a gate keeper was our roads,” Kenyon said. “Because they have to get permits to have very large traffic items on roadways. ... Union County exercised what they could at that point.”

The county also has no authority over private contracts between individuals and corporations.

“Union County did not, I repeat, did not, approve the construction of any of these facilities,” Kenyon said. “Union County did get presented with road use agreements and other permits the county was authorized to be involved in. ... As far as actual construction, that’s between land owners and MidAmerican.”

“We need to understand that property owners need to be recognized,” he said later. “If you want to do something with your land, that’s really up to you.”

However, the supervisors do have the authority to delay or table new requests in order to obtain more information. Kenyon compared the situation to a poker game where the supervisors have been dealt a “pair of 7s.”

“A pair of 7s is not a great hand, but it’s still a pair of 7s.” he said. “We’re going to have to wait until we’re dealt some more cards.”

One point of information the supervisors are waiting for is a decision by the Iowa Utilities Board, which is currently in the process of adopting regulations regarding wind turbine construction. The county cannot pass an ordinance or policy that does not follow the state regulations.

The county will also be cataloging the effects on county roads, infrastructure, “health, safety, welfare and noise levels” in the county to see if there are negative outcomes due to the construction or presence of turbines.

“The idea is we need to look at what we have from the first 34 in this project so we have some data,” Kenyon said.

If the board feels it has gathered enough information in January or any time before that, the policy can be changed or repealed.

Next steps

If the residents of Union County want to be able to completely control the construction of wind turbines and other items in the rural parts of the county, the only legal way to do so is to pass zoning ordinances.

“Given the history we have in Union County ... I know when I have discussed it with you, the board members, the response I’ve gotten is the rural residents by and large don’t want zoning,” Kenyon said.

In order for zoning to approved, there would need to be a public vote. Kenyon said it is likely too late to place an item on the upcoming ballot for November. There would need to be a special election or it would be held over until the next election.

Riley also encouraged the citizens to contact their legislators to let the Iowa Board of Utilities know their concerns about wind turbines.