Shawnee County planners set timetable to draft solar rules; battery storage flagged for review and moratorium extension possible

Shawnee County planning staff told the Planning Commission on Feb. 10 that the county intends to draft new solar regulations ahead of a one-year moratorium on solar that expires in May. Staff recommended a March work session to begin crafting regulations, an outreach/open-house step before a public hearing, and a timeline that could yield a draft for the commission by September and a Board of County Commissioners (BCC) consideration in October.

Staff reviewed the background: after several conditional-use approvals in 2022 and public concern about standards for solar farms, the planning commission and the BCC adopted a ban on wind and a one-year moratorium on solar in 2023 to allow staff and commissioners time to develop regulations. At the Feb. 10 meeting staff said the moratorium was intended as a temporary reprieve "to give us time to get our act together" and noted that, if regulations are not completed before May, the county will need to consider either extending the moratorium or allow the moratorium to expire and evaluate any application that arrives thereafter under existing rules.

Commission members discussed policy choices: whether to adopt prescriptive, detailed regulations (setbacks, screening, decommissioning bonds, third‑party studies) or more general provisions that allow case-by-case conditions through conditional-use permits. Staff noted examples from other Kansas counties (Douglas, Butler, Harvey, others) and said some jurisdictions have required third-party experts and extensive studies, which can increase applicant costs and public contention; others have taken a lighter regulatory approach.

The meeting also flagged standalone battery-storage facilities as an emerging topic. Staff said they have received "at least 3, if not 4, inquiries" about battery storage independent of solar projects and suggested the commission consider whether battery storage should be covered by the solar moratorium or regulated separately. Staff noted stand‑alone battery projects typically require interconnection to the transmission grid and can require a lengthy application and review process.

Staff proposed next steps: a March public work session to review examples and narrow policy choices; follow-up sessions to build a draft, an open-house outreach step to gather public input, and a public hearing on a draft in front of the commission. The director estimated a realistic schedule would have a draft ready for commission review in mid-to-late 2025 and BCC consideration later in the year. Staff also suggested the commission may want to request the BCC extend the moratorium if the regulatory work is not complete before May.

Commissioners asked for targeted expert input on topics they identified as priorities — setbacks, environmental impacts, noise, glare, decommissioning and road impacts — and staff said they would seek input from industry and technical contacts (names mentioned in the meeting included Jeremy Goodwin, Chris Carey, Eli May and Josh Spotti) and review other counties' regulations. No formal vote was taken on extensions or new moratoria; staff’s recommendation was procedural — to hold a March work session and begin drafting regulations with battery storage on the scope.