By MIKE COURSON
Great Bend Post
Barton County residents have had the opportunity to voice concerns over large-scale commercial solar development in the county during several Barton County Planning Commission meetings since last May. Thursday morning at Barton Community College, the board held its first public comment hearing after releasing a draft of new regulations pertaining to solar development. Zoning Administrator Judy Goreham introduced a 24-page document of proposed regulations, including eight pages of conditional requirements.
"Everything in that section would be the criteria the planning commission would have to consider when an application is received," she said. "These are checks and balances. Every single part of this would have to meet these standards. That would be what they use when they consider an application."
The purpose of Thursday's meeting was to hear feedback from residents about the proposed regulations. The board heard from proponents and opponents of potential projects, especially any near Cheyenne Bottoms. Paula Manweiler suggested the commission update and add several definitions to the regulations, including a no-build zone around the Scenic Byway.
"There is an eight-mile section that goes out on Southeast 60th Avenue that is not in the build zone," she said. "Perhaps you can add to your regulations on the last page where you talk about the no-build zone, and add one for the byways. I would suggest at least a minimum mile out on each side of the road for the whole byway."
Manweiler said there were five terms in the definition section of the regulations that were not used in the body of text. She suggested language be added requiring an environmental impact study that is not paid for by taxpayers, and asked for more specific definitions of wildlife, especially avifauna, or the birds that fly over the area.
Lindsey Bogner, whose family owns land inside and outside of the proposed no-build zone that extends one mile from Cheyenne Bottoms, also suggested language to protect the Scenic Byway.
"I would encourage an extension of the no-build zone," she said. "This is hard for me to stay because I'm a landowner and it impacts us and our potential as a landowner. But the Scenic Byway does have an incredible impact on our community, on our county, and I think we should have a one-mile no-build zone the entire length of that."
John Miorandi suggested stronger definitions of what constitutes a corridor to include the air above that section of land.
"Both the wildlife corridor on the land and well as the skyways, they intermingle with each other. They're the same thing and they're just as important."
Dr. Jackie Augustine, executive director of Audobon of Kansas, said the proposed regulations are a good foundation but wanted the board to consider two critical considerations, including the new zoning map.
"You talk about how Cheyenne Bottoms is a wonderful natural resource and it should be considered, but your map does not reflect a very thorough consideration of that," she said. "The area you put on that map is just the basin but not the surrounding area. As you know, everything is connected. We can't protect the Bottoms if we don't also protect the surrounding area."
Augustine said a no-build zone of up to eight miles should be considered for conditional use due to the endangered whooping crane making stops in the area, but said the commission should at least consider the same three-mile buffer around the Bottoms that is used for wind turbines. She also called any new developments in the area a great research opportunity.
"We wish we could give you studies showing that you're going to get this many mortalities, and this much lack of use of habitat, but there are no scientific studies in the Great Plains that look at solar panels adjacent to wetlands," she said. "Even if they're placed 10 miles away, this is an opportunity to see how those birds see that habitat and utilize that habitat. That should be paid for by the energy development company and that data should be made publicly available."
Several residents suggested stronger language when it comes to who is responsible for cleanup and if an endangered animal is killed at a development. Shooting a whooping crane can lead to a $100,000 fine and up to a year in federal prison. Opponents felt regulations should stipulate that the energy developer and landowners included in the development would be responsible in the event of an accidental death.
Acciona Energy representatives handed the planning commission several pages of their own suggested amendments to the regulations just before the meeting started. The planning commission chose not to vote on a recommendation of the proposed regulations and will hold another meeting on Thursday, Feb. 29 at 6 p.m. in room F-30 of the Fine Arts Building on the campus of Barton Community College.