Dickinson County hires Stinson LLP to draft alternative-energy zoning regulations

The Dickinson County Commission on a unanimous voice vote approved an engagement letter with Stinson LLP to research and draft zoning regulations for alternative-energy projects, authorizing up to $24,000 for the work.

County Administrator Janelle Dockendorf said the work is intended to implement language already in the county’s comprehensive plan and to allow the county to accept and process applications when prospective developers approach the county. “It’s in our comprehensive plan, so we want to make sure that we are doing our best to protect the county and the citizens and make sure we've got the regulations correct,” Dockendorf said.

Stinson attorney Anna Krusnick told commissioners she has worked with other Kansas-area local governments on regulations for solar and geothermal, and said the firm can assist Dickinson County with a range of technologies. “I actually have helped assisted some cities in the Kansas City area with some alternative energy regulations with respect to solar and geothermal. And so this is definitely something that I'm interested in and, capable of assisting with,” Krusnick said.

The scope discussed includes rules for solar and wind-related projects as well as associated facilities that fall adjacent to generation sites, such as battery energy storage systems and large data centers used for AI or cryptocurrency operations. Commissioners and Krusnick noted battery-energy storage facilities typically site near existing transmission and distribution infrastructure; Krusnick also warned that some facilities being discussed, notably hydrogen production and certain data-center cooling operations, can use substantial water resources — she said figures she had seen in other jurisdictions put some hydrogen facilities’ daily water use near 200,000 gallons per day.

Commissioners noted the county is operating under a two-year moratorium on alternative-energy applications and directed Planning, Building and Zoning (PBZ) to continue its research; the engagement with Stinson is aimed at producing legally vetted regulations so the county can take applications and ensure enforceable standards. The county authorized a maximum of 50 hours of legal work, with an estimated cost range of about $18,000 to $24,000; the commission motion approved the engagement and the $24,000 authorization.

During discussion commissioners asked whether battery storage and data-center uses should be included; Krusnick recommended addressing battery storage and other ancillary facilities because they ordinarily accompany generation projects or require separate technical standards. Commissioners also discussed potential impacts to groundwater and the need to align any local rules with state law and existing county authority.

The commission motion to approve the engagement letter carried on a unanimous voice vote. Commissioners did not record a roll-call vote in the meeting transcript segments reviewed.

The engagement follows prior county action: Dockendorf and other staff said the comprehensive plan references alternative energy but the county lacks detailed zoning rules for hydrogen, battery storage and some large-scale data facilities. Staff said the PBZ office will return draft language to the commission for later consideration and formal adoption if the county elects to proceed after attorney review.

The county manager and staff said they will return the engagement letter to Stinson and place the item on a future commission meeting agenda for follow-up once initial work and drafts are available.