Bannock County staff propose single ordinance chapter to govern solar, wind and small reactors

Bannock County planning staff on Friday presented commissioners with a draft chapter to add alternative-energy provisions to the county’s Land Use and Development Ordinance, saying the change would keep definitions and conditional-use permit requirements together rather than creating overlapping, separate ordinances.

The draft, presented by Tristan Borquin, assistant planning director, consolidates rules for solar, wind and emerging small modular reactor technologies into a single chapter and is intended to clarify permitting, setbacks, scale determinations and decommissioning requirements ahead of public outreach and further drafting.

Planning staff told commissioners the chapter was designed to avoid redundancy between parallel ordinances and to keep definitions and conditional-use requirements together. “I have before you just a chapter that we would propose to place in the Land Use and Development Ordinance that would be the alternative energy provisions, but would still be within the overall document,” Borquin said.

Why it matters: the chapter would set the local standards that developers must meet before a conditional-use permit can be approved and would shape where and how large-scale energy projects — from utility solar to wind farms to nascent small nuclear reactors — could be sited in Bannock County.

Key points from the discussion

- Consolidation and process: Staff recommended inserting an alternative-energy chapter into the main land-use ordinance rather than writing a standalone ordinance, saying that combining rules into a single document improves clarity and keeps definitions, conditional-use standards and permit procedures in one place.

- Public outreach: Staff said an online survey and planned open houses will inform edits. The draft discussed during the work session will be posted for public comment and staff described plans for at least two open houses — a county office event and a south-county session at Marsh Valley High School — to gather face-to-face input.

- Decommissioning concerns: Commissioners pressed for stronger, clearer decommissioning language. One commissioner described past examples where a site was not fully cleaned up following closure and asked that the ordinance close possible loopholes so companies cannot avoid full removal and site restoration. The draft includes a structured decommissioning process but commissioners asked staff to tighten definitions and enforcement mechanisms.

- Setbacks and scale: The draft sets numeric setbacks cited in discussion: 100 feet from the edge of public rights-of-way and 150 feet from residential dwellings and certain streams or drainages. Staff said the ordinance references the land-use chart and definitions to determine small- versus large-scale projects (discussion referenced a 10-megawatt threshold as the dividing line for scale categories). Commissioners asked staff to ensure setbacks and other conditions can be adjusted on a per-project basis through the conditional-use process.

- Nuclear and emerging technologies: Commissioners asked that small modular reactors be treated separately in definitions because setback and safety considerations differ from solar and wind. The draft includes a one-mile setback figure for nuclear facilities that drew questions during the session; commissioners said that distance may need variation depending on whether a site is in a low-population zone and that federal or state rules could supersede local standards.

- Expert review and burden of proof: Commissioners asked whether outside technical experts could assist county reviewers on complex proposals. Staff cautioned that outside reviewers can have biases but said the ordinance places the burden of proof on applicants to show they meet conditions; the county review team may request additional information and clarifications as needed.

- Geothermal: A member of the public asked about geothermal; staff said local geology limits large-scale geothermal potential in most of the county but that the technology would be considered if an applicant proposed it.

What comes next

Staff will continue to refine the chapter’s language, in particular decommissioning requirements, scale definitions and project-scale setbacks, and will solicit public input through the online survey and the planned open houses. Commissioners suggested labeling the chapter to make clear whether provisions apply to commercial/industrial projects versus personal or on-site generation. No formal motions or votes occurred at the work session.

Ending note: Staff emphasized the draft is a working document and asked commissioners for direction on topics to prioritize for clarification before returning with revised language for further review.