York County fails to adopt revised solar zoning resolution after heated public comment

York County commissioners on April 15 took up a resolution to amend the county's solar zoning regulations after identifying a procedural error in an earlier vote, but the resolution failed after extended public comment and a roll-call vote.

The resolution was brought back to the agenda after the chair said a prior vote had been processed incorrectly and that the zoning changes required adoption by resolution under the county's rules. The item prompted more than a dozen members of the public to address the board during the meeting's public-comment period.

Why it matters: The proposed rules would affect where utility-scale solar projects can be sited in York County and have drawn competing arguments about property rights, agricultural preservation and local economic impacts.

Supporters urged the board to adopt reasonable rules that allow development. Dustin Marble, representing Omaha Public Power District, said the county's existing rules "constitute a de facto ban on utility scale solar development" and warned that the regulations conflicted with the county's comprehensive plan and could prompt legal challenges. Nate Harel, who said he previously worked on renewable projects for OPPD and now works in resources planning for the Municipal Energy Agency of Nebraska, told the board: "The current zoning regulations for class 4 solar facilities are frankly un American," saying the technical evidence does not support the large setbacks the county proposed.

Local agricultural voices offered both support and opposition. John Hanson, president of the Nebraska Farmers Union, described renewable energy as "an agricultural activity," saying landowners should be able to decide whether to lease their land for solar and that projects can add tax base and farm income. Cale Giese, representing OPPD, told commissioners a project nearby had boosted local construction jobs and economic activity and that "solar lets landowners harvest a different kind of crop, a crop that uses the sun, rests the soil, and still provides for the next generation."

Opponents told commissioners they want to protect prime farmland and local character. Linea Williamson, a York-area resident, said, "Let's leave our farm ground alone," and other speakers raised concerns about visibility, impacts to neighbors and whether urban interests were influencing rural zoning.

Commissioners debated the item after public comment. The chair said he had brought the item back after consulting the county attorney and the Nebraska Association of County Officials because the prior proceeding had not followed the zoning rules requiring action by resolution. A motion to adopt the resolution was made; after discussion and a roll call the chair said the resolution did not pass. The chair also indicated the topic will return to further consideration at a later meeting.

What's next: Commissioners said they expect the zoning discussion to continue, with further hearings and revisions to the draft regulations before any final action. The county will also coordinate further legal and procedural review as it revises the item.