April 29, 2024

County schedules solar ordinance public hearing

Defining occupied structure is debated

Union County Board of Supervisors and Alliant Energy’s representative reached a point Monday to schedule a public hearing for the county’s solar-power ordinance. The hearing is scheduled for 6 p.m., Monday, Oct. 25.The tentative location is in the courtroom in the courthouse. Masks are required in the courtroom because of state guidelines.

Before the date was agreed, the county and Justin Foss of Alliant still discussed details and definitions of aspects of the ordinance. Alliant Energy has proposed a solar-power facility east of Creston. Despite the work on an ordinance, construction of the facility is not expected until 2025.

Setbacks was the first topic.

“We have 300 feet from occupied structure for solar panels only,” said Supervisor Rick Friday. There is nothing in the county’s ordinances about setbacks from electrical substations or battery service. “I think it should be further than 300 foot. I think it should be from the property line,” he said.

“We have nothing restricting a three-acre battery storage system from somebody’s property or substation,” he said.

Voss said the electrical transformers due create a hum but how those are designed, the sound is difficult to detect outside the security fence surrounding. Foss said as town’s expand on their edges with development, it’s likely electrical substations are to be installed.

“If you start a 300 setback in a neighborhood, that means it’s next impossible to site,” he said. “It’s not a restriction or requirement we’ve seen in any county in Iowa. As you start see developments move out of town then it starts to blur the line what’s in town, what’s out of town.”

Friday and Supervisor Dennis Brown both said they live near electrical substations. Friday said the substation near his property has regular traffic. Brown said the one he lives near has minimal activity.

Previous conversations have included the definition of occupied structure. Monday continued that discussion.

“That is what we are still stuck on,” Riley said. “I’d like this to be as successful project and work with our county residents but of course also have a successful project and work with our utilities. This is wha we struggled with the most. It looks pretty simple, but it’s not.”

Riley said the emphasis of occupied structure was anything that is regularly used by the property.

Foss said Alliant has an established strategy.

“I love the ability to work with neighbors and work through that. My team is going to tell me we find it easier for everybody to have 300 foot from the residence and 100 foot from the property line. There is no ambiguity. It’s clear as day,” he said.

Riley said those numbers match what is proposed for the ordinance.

The motive behind Alliant’s plan is for view, not safety, he said.

“I think it’s a good balance,” said property owner Francine Ide who was in attendance. “I give a little. He gives a little.” She said the wording allows non-participating landowners to use their land as they see fit and still have a solar power project be developed.

Foss questioned the county’s lack of setbacks for traditional, agriculture-related buildings on a property which could effect a neighbor’s view.

“If a neighbor decides to put up 10 grain binds on the property line, its pretty hard to argue from the non participating landowner, the neighbor, how would that not be impacting the property? But 300 feet away or 100 feet away teh solar panels would stand lower,” he said.

Ide said those items have a smaller footprint compared to a solar-power facility. Ide and Roger Vicker both said it’s not a fair comparison.

“Maybe we haven’t got to that point,” Vicker said.

“If we start talking about other stuff, we better start talking about zoning. That is not popular,” Riley said.

Foss said the occupied structure definition will alter the planning of the solar-power facility.

“When it considered regularly used,” he said. “We are just looking for what makes sense, what is easy to define so you don’t have two people or two groups trying to have a strong debate over definition of a simple term, regularly,” he said.

Supervisor Rick Friday agreed.

“It’s not easy to define occupied structure.”

Foss said the setbacks will expand the amount of land needed based on the number of solar panels desired.

“That means we got to go someplace else now,” he said. “We still have to put that number of panels on. If we have to be squeezed even more where we maximized, that means we have to jump the road.”

Friday said it’s a matter of who gets inconvenienced.

“Setbacks are for the people who don’t want the project,” he said.







John Van Nostrand

JOHN VAN NOSTRAND

An Iowa native, John's newspaper career has mostly been in small-town weeklies from the Rocky Mountains to the Mississippi River. He first stint in Creston was from 2002 to 2005.