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Polk County committee approves 2.5 MW Luck-area solar array after developer addresses decommissioning and siting concerns

Polk County Environmental Services Committee · August 7, 2024
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Summary

The Polk County Environmental Services Committee granted a conditional-use permit for a 2.5-megawatt, 13-acre solar array near Luck, with conditions on driveway approval, stormwater review and financial assurance for decommissioning after committee discussion about ownership and long-term responsibility.

The Polk County Environmental Services Committee on an audible vote granted a conditional-use permit for a 2.5-megawatt ground-mounted solar array on roughly 13 acres in the town of Luck.

The project applicant, identified in the application as Larry D. Wright Jr., proposed a front-of-meter array that staff said would tie into an adjacent substation and is projected to supply electricity equivalent to the needs of about 635 households. Beth Esser of 1 Energy Renewables, the developer on the project, described site selection, pile-driven foundations and project components, and said the utility partner is Pope Burnett Electric Cooperative.

“It's 2 and a half megawatts, which is about enough to power 635 households,” said a county staff presenter summarizing the application and staff review. Esser described design elements including bifacial panels, single-axis tracking, 8-foot perimeter fencing and pollinator prairie plantings around the array, and said the company commits to removing systems at the end of the project's life: “We do commit to removing everything at the end of the project's life,” she said.

Committee members pressed developers on ownership and long-term financial responsibility for decommissioning. Several members raised concerns that project LLCs can change hands after construction, potentially complicating enforcement of decommissioning obligations. A committee member asked for a formal notification requirement if ownership transfers; county staff pointed to existing ordinance language requiring notification and financial assurances on transfer.

Logan Hacker, Polk County zoning administrator, confirmed the application met notice requirements and reported that the Wisconsin Department of Natural Resources performed a wetland delineation on July 18, 2024, finding no wetlands within the proposed project area. Staff also noted the applicants must install a driveway that the town of Wauc (Town of Luck) must approve and must pay Polk County stormwater plan review fees for any disturbance over one acre.

The committee’s motion to grant the conditional-use permit included standard ordinance-based conditions: county review and approval of stormwater and erosion control plans, acquisition of any required licensing and permits, installation of a legal driveway approved by the town before operation, and financial assurance for decommissioning (bond, escrow or irrevocable letter of credit) as required under Polk County Code. The committee approved the motion by voice vote; no roll-call tally was recorded in the minutes.

The county’s renewable energy ordinance also requires transfer-of-ownership notification and continued financial assurance before ownership changes; staff said that requirement will be enforced as part of the permit. Developers said long-term ownership is expected to remain under 1 Energy Development LLC or an identified financing partner, and that utilities have incentives to maintain operation due to power purchase agreements.

Next steps: staff will finalize the permit language and conditions and post the decision in the committee's records. The applicant must secure required town approvals and complete stormwater and erosion-control reviews before construction starts.