By MIKE COURSON
Great Bend Post
Since releasing a draft of regulations pertaining to large-scale commercial and non-commercial solar energy conversion systems (SECS) in the county, the Barton County Planning Commission has heard from 39 citizens in two public comment hearings. At the second meeting Thursday night at the Hoisington Activity Center, Zoning Administrator Judy Goreham laid the ground rules to keep the meeting productive.
"If you present tonight, you have to keep to specifically about these three documents we're looking to adopt," she said. "If you're here to talk economic impact, or you're here to talk about any one specific solar company, please don't ask to come up and speak because that's not why we're here."
The proposed zoning map includes a no-build area for SECS roughly one mile around Cheyenne Bottoms. Paula Manweiler referenced an April 27 planning commission meeting in which a 6-mile no-build zone was included around the wetlands and asked the board why it reverted back to the smaller zone after the Audobon Society suggested a zone of four to six miles.
"In that letter, it also mentions that over 50 percent of the wetlands in North America have been destroyed,"Manweiler said. "We have something very special here in our county, and our county is very big. There are many places people can build commercial solar farms, but Cheyenne Bottoms can't be it."
"We had a unique situation in April," Goreham said. "There was a motion made during a planning commission meeting that carried, so I had to take it to the county commission. The problem is that we don't take things to the county commission until we hold public hearings. There had never been a public hearing handled. The county commissioners had the option to accept it, knowing it's not appropriate. It wasn't legally done right through statute."
The county commission rejected the 6-mile boundary, instead opting to implement a moratorium on solar development in the county to give the planning commission time to develop regulations.
"The last thing (the planning commission) talked about was the no-build potential," Goreham said. "Are they going to have a no-build recommendation or not? What they decided at the Jan. 11, 2024 meeting was to have the exact same no-build proposal as we currently have for single-use wind turbines."
Goreham explained that Barton County does not have regulations for wind farms, though the board will consider regulations after the large-scale solar regulations are approved. An area extending three to four miles from Cheyenne Bottoms is listed as a conditionally permitted zone for single-use wind turbines. All SECS built in the county's zoning area would have to undergo the same permitting process.
Goreham also explained the conditional permit process. All properties covered by Barton County zoning regulations fall into one of seven districts. In each district, there is a list of permitted uses, which are allowed. Other uses must go through the conditional permit process that triggers a public hearing, requires notification of every landowner within 1,000 feet of the proposed project site, and requires a public hearing. A two-week protest period must pass after the hearing, at which time the matter goes before the county board of commissioners. That body can approve the planning board's recommendation with a simple majority vote, or it can reject or amend the planning board's recommendation with a supermajority.
The planning commission held another meeting Monday night in Hoisington to review comments and concerns from the first two meetings and apply them to the proposed regulations. The board has a regularly scheduled meeting in the Juvenile Services conference room in Great Bend at 9 a.m. on March 14. The board could vote on a recommendation of the proposed solar regulations at that meeting.
"We don't have to do the 14-day protest because that actually started last Thursday (Feb. 22)," Goreham said. "They would be able to vote on it the 14th and it could go straight to the county commissioners the next week. However, that's not generally protocol."
Generally, Goreham will discuss any recommendations from the planning commission with the board of commissioners in a study session. The matter could still go before the county commissioners for a vote on March 26, just a few days ahead of the moratorium's current expiration date of March 31.
Other discussion items from last Thurday's meeting:
- Several residents have suggested no-build zones along the Scenic Byway that extends well beyond Cheyenne Bottoms. Goreham said the planning commission will not be adding language to the solar regulations as the Byway is already covered in other zoning ordinances.
- A resident raised concerns about the use of chain-link fencing around any solar projects. The proposed regulations do include language that states, "Wildlife-friendly fencing shall be used where possible."
- A resident raised concerns about groundwater testing and contamination. The proposed regulations require a certified groundwater test at least 90 days before the installation of a project. The planning board will consider adding requirements for maintained testing or how instances of groundwater contamination will be addressed.
- The planning board will also review requirements relating to battery storage and fire safety, and will review several hundred suggestions from Acciona Energy regarding the proposed regulations.
Find links to the proposed solar regulations by CLICKING HERE.