Sioux County adds decommissioning, bonding requirements to wind-energy rules

Sioux County commissioners approved revisions to the county’s Wind Energy Regulation on July 1, 2019 that add new decommissioning and financial-assurance requirements for commercial wind energy conversion systems.

Deputy Attorney Skavdahl reviewed changes to the proposed regulation during a public hearing, telling the board the revision would require applicants to submit a decommissioning plan, cost estimates and a financial assurance instrument (bond) that must be renewed at five-year intervals. The regulation would also require a “Consent to Removal” signed by the applicant and the landowner, and would allow the county to remove a facility and draw on the bond if the owner fails to decommission the site (SEG 210).

Under the approved revision the applicant must provide proof of renewal of bonds and liability insurance at least 90 days before lapse; the zoning administrator may notify an applicant of violations and, if unresolved, the conditional use permit may be revoked and decommissioning enforced with a 180‑day removal deadline after final notice (SEG 210). The board voted to approve the regulation revision and separately approved allowing the zoning administrator to issue standard building permits when the project meets applicable requirements (SEGs 212–213).

The board had previously scheduled public hearings and Planning Commission review of wind-energy regulation amendments; the July action reflects months of review and a desire by the county to ensure financial guarantees and an enforceable removal process before commercial construction proceeds (SEGs 081, 113, 210).