Supervisors, others dissect solar definitions

Anticipating to schedule a public hearing, the Union County Board of Supervisors Monday again reviewed its solar-power ordinance with an Alliant Energy representative and some landowners.

Alliant Energy proposed earlier this year to build a solar-power facility east of Creston. Although the company is years from having the sun’s rays create electricity, county officials and others still question certain sections and definitions within the ordinance.

“We struggle with that,” Supervisor Ron Riley said about defining a occupied structure. “A house, apartment or other structure designed for residential use that is the abode of a person, family or household and is regularly occupied,” is what the county suggested.

Francine Ide, who was in attendance, asked about the wording. She said the Iowa Code defines occupied structure is similar to the Supreme Court’s definition.

“It’s not totally Alliant’s request,” Riley said about Alliant’s input on the definition. “It seems a little restrictive. I’m not worried about Alliant. The thought process was the people that are putting it up and our own residents.”

Riley said a landowner may have a building that is not an occupied structure, but may prohibit someone else from going ahead with solar power. “When we changed it, that was our intent, to get it a little closer to a house or machine shed that really is occupied than a corn crib that has a dozen chickens.”

Union County Attorney Shane O’Toole said the county’s original wording for occupied structure is used more for criminal purposes. The wording included house, apartment, building, barn, shed and the word ‘occupied’ was broadly interpreted.

Comments about the definition of occupied evolved into setback distances.

“Small acreage, old house. They want to build a new house but they don’t want to move out, the only location within the set back of this definition. Who’s going to loan them money to build that house with the setback. Maybe to avoid this definition problem, Why don’t you guys just switch to the property line. Let the non-participant use the entire land as he sees unrestricted,” said Roger Vicker.

Riley wondered if a landowner had an old building, but is not occupied, may prevent a neighboring landowner from wanting to participate in having solar panels.

“That was my thought,” Riley said. “I did’t think we changed it a whole lot.”

Alliant Energy representative Justin Foss said other counties with solar facilities have setbacks of 50 feet from the property line.

“However close you want to build your shed to the road, it’s the same for solar panels. Other counties have 50 feet to the property line. No separate distinction for a house,” he said.

Foss said setbacks should emphasize to minimize the view of solar panels.

“It’s different than wind. Those have setbacks for a very different reason,” he said.

Foss said it’s possible if some of the areas Alliant wants to build solar are too small to build on, other land is researched.

Vicker said the debate is between adjacent landowners with only one party interested in having a solar facility.

“The agent of change bears the responsibility of both sides. Depending upon placement, the non-participating is unwillingly effected. It’s your responsibility not to effect that person,” Vicker said.

“And to keep good neighbors,” Francine Ide said.

“We will go back to the drawing board on that one,” Riley said.

Foss said 100 feet from a non-participating property line and 300 feet from a residence are setbacks in other locations with solar facilities.

Foss said the final layout of the facility is not done as Alliant is waiting for the final decision on setbacks. Foss said the preliminary plans have more than 700 acres are in the project, but not every acre has solar-power devices erected.

Vicker reminded the county they are building this ordinance with what they know today.

“We are going to have a heck of an education from this first project,” he said.

Supervisors plan to schedule a public hearing when details of the ordinance have reached a consensus.