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Reno County Planning Commission moves to make decommissioning mandatory in draft solar rules
Summary
The Reno County Planning Commission directed staff to rewrite draft Article 26 so that decommissioning and indemnity obligations for commercial solar are mandatory in the regulations while optional topics stay in a resolution; commissioners also discussed size limits (starting point suggested: 640 acres, 5-mile separation), surety, review cycles and construction timelines.
The Reno County Planning Commission on Dec. 19 spent most of its meeting refining draft Article 26 of the county zoning regulations, directing staff to make decommissioning and indemnity requirements mandatory for commercial solar projects and to leave discretionary topics in a separate planning commission resolution.
Commissioner (Speaker 5) urged the commission to move detailed decommissioning obligations out of negotiable developer agreements and into the regulations, saying "I want that to be required" so that "anybody wants to do a solar project, here's what you're gonna have to do when that project goes offline." Staff (Speaker 4) said the packet included a draft resolution and a sample developer-agreement checklist, and that some previously regulatory items had been relocated into a proposed resolution for county commissioners to consider.
Why it matters: Commissioners said mandatory decommissioning language would reduce the risk that a solar facility is abandoned at end of life and leave the county or landowner responsible for derelict infrastructure. The board discussed requiring financial guarantees (surety or bond), periodic review of decommissioning cost estimates, and a clear enforcement path tied to conditional use permits.
Key details discussed - Decommissioning and indemnity: Commissioners agreed the regulations should include a "shall" for a decommissioning agreement and indemnification, with the resolution listing topics that the county commission may consider for developer agreements. Staff will create separate regulatory articles for decommissioning and indemnity and renumber existing sections.
- Technical scope: Commissioners reviewed sample technical items (remove concrete to a specified depth, replace with topsoil/subsoil mixes, remove fencing and other infrastructure) and asked staff to combine redundant line items for clarity.
- Financial assurance and review: Several commissioners supported requiring a surety or financial guarantee and periodically (sample: every five years) reviewing estimated decommissioning costs to ensure the surety remains adequate.
- Timelines and triggers: Board members discussed triggers for decommissioning — written notice by the owner, abandonment (no activity or maintenance for an extended period), or prolonged underperformance — and whether the regulations should state specific triggers or leave determinations to staff and county commissioners. Staff said regulations should retain a requirement that construction "shall commence within two years" of the effective date; project completion timing and enforcement details should be set in the developer agreement.
- Project size and separation: Chair (Speaker 1) proposed tentative starting figures for the board to consider in the draft — 640 contiguous acres maximum per project with a five-mile separation between projects — and directed staff to research market and transmission implications. Commissioners emphasized these are starting points to be refined.
- Inspections, hearings and costs: The draft contains a provision for developers to reimburse "unusual and extraordinary" expenses such as renting larger hearing venues or hiring third-party inspectors; commissioners asked staff to clarify what qualifies as extraordinary and how to incorporate reasonable fees in permit or developer-agreement terms.
- Agency coordination: Commissioners asked staff to require applicant-submitted written documentation from applicable agencies (for example, Groundwater Management District letters "as applicable") and to simplify language so applicants provide evidence of agency review when required.
What happens next: Staff (Speaker 4) will rewrite Article 26 to separate mandatory regulatory language from optional resolution items, incorporate specific technical language and suggested timelines, and circulate a revised draft for the board to review in January. A local moratorium on solar applications through March 1 was noted; commissioners said they expect the rewrite to be ready before moratorium expiration.
Quotes: "I want that to be required...anybody wants to do a solar project, here's what you're gonna have to do when that project goes offline," Commissioner (Speaker 5) said, arguing for placing decommissioning rules in the regulations rather than the development agreement.
"We'll separate the 'shalls' and the 'mays' and I'll reword 26-110 so it's clear," Staff (Speaker 4) said, agreeing to bring a redraft to the commission.
Next procedural step: Staff will present a revised Article 26 in January that places decommissioning and indemnity requirements in regulatory text, moves optional developer-agreement topics to a planning commission resolution, and incorporates the board's technical and timeline feedback.
