Sedgwick County staff review updated rules for utility-scale solar; city adopted matching code

Scott Whittle, the county planning presenter, gave Sedgwick County staff a high-level refresher on the county's rules for utility-scale solar, emphasizing that the review concerned the regulations themselves and not any specific applications. "This is a refresh on solar regulations," he said, noting updates to both the comprehensive plan and the unified zoning code.

Why it matters: commissioners and staff said the rules matter because they set expectations for applicants, protect existing cities' growth areas and provide processes for public notice, environmental review and long-term site accountability. The City of Wichita adopted its version of the zoning code last week, which staff said keeps the joint code aligned.

What the code requires: the zoning code treats solar-energy conversion systems as a conditional use in nearly every district, meaning projects must apply for conditional-use review before the planning commission and county commission, and the county will notify neighbors by mail, post signs on-site and publish legal notices. Scott noted the code distinguishes small, medium and large facilities and sets "large" at 50 acres or more, which triggers additional requirements.

Hard limits and spacing: the code contains non-waivable restrictions, including a prohibition of large-scale solar in urban growth areas, a 1,500-acre overall size cap, no more than six contiguous sections of land, a 2-mile minimum distance between solar projects, and a maximum panel coverage of 65% of site acreage. Cities within 2 miles must be notified of proposed projects.

Supplemental materials and analyses: medium- and large-scale applicants must provide a suite of supplemental information including a visual-impact analysis with graphics showing views from nearby nonparticipating dwelling units; a traffic and transportation analysis with pre-application coordination with Public Works; environmental assessments addressing wildlife, flora and fauna; plans for damaged-panel collection, storage and removal; glare analysis aimed at protecting nearby airports; and stormwater/drainage and soil-erosion studies. Scott said applicants must also include liability insurance and a plan for testing soils and groundwater before construction, periodically during operation, and after project close-out.

Testing and decommissioning: staff said the adopted resolution requires periodic soil and groundwater testing every five years during a project's life, and allows the county's environmental director to require additional testing tied to material changes. Justin (staff) summarized financial-assurance rules: a decommissioning and reclamation plan must include financial assurance equal to the full estimated cost of decommissioning ("without regard to the possibility of salvage value"), recalculated every five years, with additional surety required if estimates increase; cash held in escrow is preferred but surety bonds are an accepted alternative.

Setbacks, screening and signage: code language sets measures to limit erosion and protect neighbors, including controls on the lowest panel edge to reduce stormwater-driven erosion, a 100-foot setback from property lines and at least 250 feet from any dwelling unit that is not participating in the project. Applicants must submit draft landscape plans locating proposed vegetation and ground cover and identify screening; signage must list contact information to report incidents at facilities.

Glare and safety: commissioners raised concerns about glare near highways and airports. Scott said modern panels often incorporate anti-glare features and that the code requires a solar-glare-hazard analysis (the FAA provides an analysis tool) that shows when/where glare may occur and, if predicted, mitigation measures.

Battery storage and fire code: Whittle confirmed battery-energy-storage systems were considered; requirements include special setbacks and compliance with the latest fire code to address evolving technology and fire-safety standards.

Where this goes next: Scott said the county has received one application to date that staff evaluated using an internal review committee. Applications will continue to proceed through the conditional-use process; commissioners and staff said they would consider additional, site-specific conditions during permitting when needed.