Great Bend Post
Feb 23, 2024

Barton Planning Commission asks for more time on solar regs

Posted Feb 23, 2024 1:00 PM
The Barton County Planning Commission heard from residents during a public comment hearing Thursday morning at Barton Community College.
The Barton County Planning Commission heard from residents during a public comment hearing Thursday morning at Barton Community College.

By MIKE COURSON
Great Bend Post

The Barton County Planning Commission had more than a year to draft wind energy regulations in 2013. The board could have voted Thursday morning to recommend draft changes to Barton County zoning regulations as they pertain to solar energy conversion systems and the future development of large-scale commercial farms in the county. More than two hours into the meeting, board members expressed frustration about the lack of time to work through the process. Planning Commissioner JC Bosch started that conversation.

"I want landowners to win," he said. "I want businesses to win. I want Barton County to win. I think we can all agree on that. We just have to figure out a way to do it to where it works for everyone. I think there's a solution that can work for everyone. We just need a little bit of time. We're being rushed through this and we can't make these decisions like this. This is history. I'm just flabbergasted we have to make a decision here in a week or two weeks."

Members of the public then engaged with Bosch and other commissioners about how to get more time. An original moratorium on commercial solar development in the county was set to expire at the end of 2023. At the Dec. 19 commission meeting, Zoning Administrator Judy Goreham requested an extension on the moratorium through June 30. The board of commissioners approved an extension through March 31.

"We would have done our due diligence with the people of this county," Goreham said. "In 2013, we had gone through a four-year rewrite of the zoning regulations. Before we even took that to public hearing, we had four evening meetings: one in Ellinwood, Claflin, Hoisington, and Great Bend. We scattered those out over a month, and we gave people the opportunity to literally come, look at everything, ask their questions, give their feedback, and we made a lot of significant changes to those zoning regulations before we even had the public hearing and presented it to the county commission. That was due diligence. Without that, I don't feel like there's due diligence for the people who live in this county. Having more time would allow us to do that."

Acciona Energy first approached Barton County officials in January 2023 with vague details about a large-scale commercial solar operation in the county. With few details on the project at that time, the board of commissioners in May implemented the moratorium on development through the end of 2023. The planning commission then began its work to write the proposed regulations.

"We have frozen everyone's landowner rights for solar right now," said County Counselor Patrick Hoffman. "It would be irresponsible and inappropriate to do that indefinitely."

Planning Commissioner Junior Welsch said his board is not asking for indefinite time, but more time is needed to do things the right way.

"You sat here and listened to all this evidence today, correct?" Welsch asked Hoffman. "Don't you feel it's our responsibility to take that in and see? We haven't had this before, these people speaking. We can't just make a rash decision."

Resident Paula Manweiler presented suggestions for the proposed regulations early in the meeting. She, too, agreed the planning commission needed more time.

"The IRS regulations, when they come out, they come out in a proposed format," she said. "They're given to the public to provide comments and they have a comment session time period. Then they go back to the IRS, then they have to rewrite or do whatever and they're extended more time. They may not ever even come out into the public to be a regulation. The amount of time you guys are given is totally unfair for writing regulations that have not, until today, been presented to the public to look at. Now you should be given the time to rewrite what you need to rewrite, re-present it to the public, and then go through the process again."

Acciona provided the planning commission with several pages of suggested changes to the proposed regulation just before the meeting started. Bosch said more time is needed for all sides to review public comments from Tuesday's meeting and Acciona's suggestions.

"We've got neighbors and friends and this can all be solved with just a little bit more time," he said. "I don't what that time is. I don't know if it's three months or six months, but I'm not talking about a huge amount of time. It's not that we're dragging our feet or trying to extend it to death. That's not at all what I want."

"Something I think we all have to consider is that this is bigger than just landowners that could potentially make a lot of money," Goreham said. "This also affects the farming industry. We are aware if these panels come in, that's land that's taken out of farming in this county. That will affect the farming industry. There are tenant farmers who are involved who will lose land they can work on. That will definitely have an immediate impact on our county and the people who live here.

"I also know a lot of tenant farmers are petrified to speak one way or the other for fear of losing their leases," Goreham continued. "There's no one here to talk for them. I am putting that out that I know it is an issue. Be assured this board realizes all of this. We also know we cannot make everyone happy, but we do have a responsibility to consider everyone. Without doing more public outreach, I don't feel like we will be doing it right. We need more time."

After the close of the public comment hearing, the planning commissioners agreed a vote on regulations as proposed would be inappropriate. To accommodate more schedules, the planning commission is planning to move its back-up meeting date of Feb. 29 at 9 a.m. to 6 p.m. in Room F-30 at the Fine Arts Building on the campus of Barton Community College.