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Worth County supervisors debate Worthwhile Wind and Worthwhile Solar conduit permits; action put on hold pending legal guidance
Summary
Board discussed separate underground conduit crossing permits for Worthwhile Wind and Worthwhile Solar on 460 Fifth Street in Silver Lake Township. Company and counsel asked the board to approve both; supervisors expressed concern about ongoing litigation over the wind project and directed staff to seek attorney guidance before final action.
Worth County Board of Supervisors members discussed utility crossing permit applications from Worthwhile Wind and Worthwhile Solar on 460 Fifth Street in Silver Lake Township and agreed to delay final action until the county attorney or outside counsel advises the board.
The issue arose when a county staff member introduced two separate permit applications for underground conduits to be bored under 460 Fifth Street: one labeled for the wind project and one for the solar project. Isaac Lam, project manager for Worthwhile Wind and Worthwhile Solar, representing Invenergy, told the board construction had begun two weeks earlier and that the conduit installations were “just empty conduits until they figure out something else.” Lam said the solar project (Worthwhile West Solar) received its Iowa Utilities Board/Commission permit in 2019 and that the company was moving forward with both projects in the area.
Outside counsel for the energy projects, Bridal DeBlinski, urged the board to treat the two permits separately and described the wind project’s legal status to the supervisors: “That does not automatically stay the district court decision. There has been no stay requested and no stay obtained. So the current law is the district court decision, which says that we can go forward, under the terms that we have been in existence prior to the moratorium and the amendments.” DeBlinski asked that the board approve the routine, ministerial crossing permits to allow continued work.
Several supervisors expressed caution because the wind project is the subject of pending litigation at the Iowa Supreme Court. One supervisor said they would “be a dissenting vote no until I hear what our appeal says,” and another said they wanted to speak with the county attorney in Des Moines before deciding. A supervisor also noted that the county had existing wind turbines in Brookfield Township and referenced an “original ordinance that was done in 02/2009” that requires a conditional-use permitting process for wind turbines.
After discussion the board did not finalize approval. A motion to approve the two conduit crossing permits was made and seconded, and a roll-call was taken, but supervisors agreed to “hang on to them” and bring the matter back after consulting county legal counsel. The board directed the applicant to provide application materials to the supervisor who requested them so the county attorney can review.
Why it matters: The wind project remains subject to appellate review, and supervisors said they would not act on related permits until they receive legal guidance. Separating the solar conduit permit from the wind dispute was proposed by counsel and discussed by the board, but at least one supervisor stated they would withhold approval of both permits until after legal consultation.
Key factual details: the conduit permits cover boring under 460 Fifth Street within Silver Lake Township; the solar project previously received Iowa Utilities Board/Commission permitting in 2019; applicants say the conduits will initially be empty; Invenergy represents the Worthwhile projects.
The board asked the applicant to re-send application materials to supervisors and agreed to revisit the permits at a future meeting after advice from the county attorney.
