Effingham County commissioners advance solar and wind ordinances with higher per-megawatt application fee

Effingham County Board of Commissioners members voted to forward draft ordinances for solar and wind facilities to the full board after agreeing to amend the application permitting fee to $5,000 per megawatt.

The move directs the county to pursue uniform permitting language for wind and solar, aligns parts of the draft ordinance with a pending state senate amendment and leaves other technical items for later revision if state law changes. County staff said the drafts include concerns previously raised by a commissioner and noted the county would have time to amend local rules if the legislature acts.

Commissioner Josh, who led the discussion, said the draft packet “includes the concerns that Norbert brought forward” and noted that “Tonight is the final, I believe, the closure of the hearing in Coles County, of their wind application, and they will make a determination on that after this is closed.” That, he said, makes the county’s language and fee structure worth watching. County staff member Aaron said the draft could be modified to mirror legislation and still comply with current law: “If can easily be changed to match that current version that’s not, of course, passed yet, if that’s the desire, and then we can pass it.”

Why it matters: the ordinance language and the county’s chosen fees would affect developers, landowners and property-tax classification of sites used for energy facilities. Commissioners discussed how state action could limit local fee authority and noted the county may have to amend its ordinance if the state caps fees.

Key details discussed

- Fees: The county’s proposed ordinance currently includes an application permitting fee that had been drafted at $1,500 per megawatt up to a $300,000 maximum. Commissioners agreed to move forward with the drafts using an amended application fee of $5,000 per megawatt. A senate amendment discussed during the meeting would cap applications at $5,000 per megawatt but set a lower overall cap (the amendment language discussed referenced a $125,000 cap) while allowing a county to seek reimbursement for reasonable expenses that exceed the cap.

- Building permits and uniformity: The senate amendment under discussion would combine wind and solar for fee and permitting purposes and would set a building permit fee at $5,000 per megawatt not to exceed $75,000, with a caveat permitting counties to seek reimbursement for costs beyond those caps.

- Compliance window: Commissioners cited amendment language that would give counties roughly 120 days to amend local ordinances if state law changes and creates noncompliance.

- Setbacks and measurement points: The proposed senate amendment would change how setback distances are measured — from the fence line to the generating structure — which could bring structures closer to roadways, a change commissioners said they were watching closely.

- Battery storage and related rules: Several commissioners noted that county policy will likely need a separate battery-storage ordinance; Effingham County has begun receiving model language from outside groups for initial review.

- Disaster cleanup, outages and insurance: Commissioners asked whether tornado or hail damage should be addressed in the ordinance and how that would interact with a permit clause allowing a site to be deemed in violation if out of service for 90 days. Some commissioners noted insurance requirements are already in the draft; others said who is responsible for cleanup after extreme weather may be a private contract matter between landowner and developer and could be difficult for the county to enforce.

- Fencing and wildlife: Commissioners debated fence height. One commissioner noted deer can clear 6 to 8 feet and referenced Coles County’s 12-foot fence requirement; the draft amendment range discussed in the meeting included 8 to 25 feet, leaving room for the county to set a specific height.

Action taken and next steps

- Solar ordinance: The board voted, by voice, to forward the solar-facility ordinance to the full board with the application fee changed to $5,000 per megawatt. The motion carried on a voice vote.

- Wind ordinance: The board separately voted, by voice, to forward the wind-facility ordinance to the full board with the application fee changed to $5,000 per megawatt. The motion carried on a voice vote.

Staff and commissioners said they expect to return to the language if the state finalizes changes and to develop a battery storage ordinance. The board also noted that land converted to an energy facility would no longer qualify for farmland assessment and would be taxed accordingly.