Commissioners debate narrowing 'utility facility' definition, consider making utility facilities conditional uses

Commissioners on the Yankton County Planning Commission examined proposed edits to the county zoning ordinance intended to clarify what counts as a “utility facility” and how novel infrastructure should be reviewed.

The discussion focused on whether the ordinance’s current definition — which lists generation, transmission, delivery and storage of water, sewage, electricity, gas, oil and “electronic signals” — is too broad and could allow facilities such as battery-storage sites, large solar or wind installations, or carbon pipelines to become permitted uses in many zoning districts. One commissioner proposed removing parts of the long list and treating unclear or new infrastructure as an unlisted use that would require conditional-use review. Several members said moving all utility facilities to conditional use would give the commission flexibility to require mitigation such as screening and buffering.

Members also discussed keeping language that clearly applies to traditional energy infrastructure, such as transmission and delivery of electricity, while excluding accessory energy storage from definitions of accessory facilities for large wind energy conversion systems so that storage would be subject to separate review. Commissioners noted technology changes since the ordinance language was written — for example, “electronic signals” now includes cellular and data transmission — and said narrower wording or broader conditional-use requirements would reduce the risk of unforeseen projects being “shoehorned” into allowed uses.

No ordinance amendments were adopted at the meeting. Commissioners requested further drafting so the planning commission can consider a specific text change at a future meeting and, if the commission supports it, schedule a public hearing.