Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Ordinance Avoidance Zones topic
No spam. Unsubscribe anytime.
Oliver County debates 'avoidance zone' language for wind, solar and data-center ordinances; industry warns of arbitrariness
Summary
Board members reviewed draft 'avoidance zone' language recommended from McLean County for wind and solar siting. Industry attorneys warned the provision could be applied arbitrarily and create risk for developers; the board asked staff to request legal guidance and to schedule targeted work sessions and industry presentations.
Oliver County planning staff presented draft ordinance language drawn from McLean County that would allow the county to identify preliminary "avoidance zones"—areas to be considered for exclusion from wind, solar or similar developments—before developers submit formal project applications.
Supporters said the process could give resident landowners and local users a clearer voice and help the county protect conservation areas, wildlife migration sites or other sensitive locations. One board member said the provision would give residents "an avenue to protect their interest" when absentee owners control land decisions.
Industry and legal speakers cautioned that avoidance zones could be applied arbitrarily and create significant commercial risk. Eric Ellison, an attorney with Crowley, Flack and Bismarck who works with NextEra, told the board that without clearer standards "not knowing what valid reasons for avoidance areas are, it's just tough to manage the risk" for developers who may spend millions before a zone is declared.
Staff and several board members emphasized the county's limited authority where the North Dakota Public Service Commission (PSC) or mineral-rights holders control siting; several participants noted that the county's existing ordinance already includes setback language tied to turbine height (in some comparator text a multiplier of "one and one quarter times the height of the turbine or 1,320 feet, whichever is greater"). Board members asked staff to obtain legal input from the county attorney (Patrick), research how Mercer and McLean County have used the provision, and arrange work sessions with industry representatives. The board tabled final action on the solar and data-center ordinances and set the items for further review at the August meeting.
