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Buffalo County adopts Comprehensive Plan 2033 and tightens wind-farm setback rules
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Summary
The Buffalo County Board of Commissioners adopted the county’s Comprehensive Plan – 2033 and approved amendments to the zoning resolution that set new minimum setback distances for wind farms, citing migration routes, wetlands and scenic byway protections. The board also approved a special-use sign permit.
The Buffalo County Board of Commissioners on March 14 adopted the Buffalo County, Nebraska Comprehensive Plan – 2033 and approved a set of zoning amendments that create new minimum setback and certification requirements for proposed wind farms.
The actions, taken by unanimous roll-call votes, included adoption of Resolution 2023-08 (Comprehensive Plan) and Resolution 2023-09, which amends (renumbered) Section 6.6 of the Buffalo County Zoning Regulations to add location and distance requirements for wind farms. The board also approved Resolution 2023-07, granting a Special Use Permit to Mayhew Signs, Inc., on behalf of Bigdog, L.L.C., to install signage at 40060 Highway 30 in Gibbon.
Why it matters: County officials said the changes are intended to protect migratory bird routes, inventoried wetlands and scenic corridors near the Platte and South Loup rivers, and to preserve burial sites and agricultural-residential areas from encroachment by large wind projects. The Planning Commission had recommended the amendments after a February public hearing.
What the wind-farm rules do: The adopted language imposes minimum straight-line setback distances including (summary of key provisions in the resolution): three miles from Agricultural Residential (AGR) zoned property and certain property owners unless consent is secured; three miles from churches, hospitals, public schools, public parks and licensed daycare facilities; five miles from incorporated villages or cities; two miles from private or public burial sites; and specified three-mile and five-mile protections measured from the Platte and South Loup Rivers and Federal or State wildlife areas. Applications must include a current certificate and a straight-line drawing prepared within 30 days by a registered land surveyor depicting property lines and nearby structures as specified in the code.
Board findings: The resolution cites maps and inventories from the American Bird Conservancy, U.S. Fish and Wildlife, and Nebraska Game and Parks showing whooping crane migratory routes and wetlands; it also references Highway 2’s scenic-byway designation and related preservation interests. The board said taller modern turbine towers justify increased distancing to address noise, shadow flicker and aesthetic concerns.
Special-use permit and next steps: The board approved the sign permit for Bigdog, L.L.C., finding the request compliant with Section 6.2 of the county’s zoning regulations and reserving authority to revoke the permit if conditions are not met. The board also referred several items back to the Planning Commission for more study, including a countywide consideration of whether to prohibit wind farms, whether additional protections for inventoried wetlands are needed, whether a perimeter county border minimum distance is appropriate, and whether an overall height limitation should be enacted.
The Board adopted the Comprehensive Plan and the zoning changes by unanimous votes. The amended zoning language and the Comprehensive Plan copy will be filed with the County Clerk and posted on the county website.