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Fillmore County removes numeric turbine height limit and approves meteorological towers
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Summary
The Planning Commission amended zoning to remove a numeric turbine height cap in March and later approved meteorological-tower permits from Apex and Aksamit in November, clearing a regulatory path for taller wind-energy infrastructure while landowners voiced concerns about full-scale wind farms.
The Fillmore County Planning Commission voted March 21, 2016, to amend Section 9.16.06 of the county zoning regulations to remove prior numeric height limits for wind towers and to rely on fall‑zone requirements; the revised language preserves the requirement that FAA approval be obtained.
The change replaced a prior provision that set a total height limit tied to a 400‑foot fall zone and a 300‑foot tower cap with a shorter text stating the total height will be determined by fall‑zone requirements and that FAA approval is required. The motion to approve the amendment passed unanimously (8–0).
The regulatory change was followed by multiple permit approvals later in the year. On Nov. 21 the commission approved a conditional‑use permit for Apex Clean Energy to erect a 197‑foot meteorological tower in Section 10, Township 5, Range 2; the commission approved the permit unanimously. At the same November meeting the commission also approved a 196‑foot meteorological tower permit filed by Aksamit Energy Development; that motion also passed unanimously. The Nov. 21 meeting record notes that landowners from the Ohiowa and Milligan areas attended to ask questions and to express that many were not opposed to meteorological towers but were not in favor of commercial wind farms.
Commission members and staff discussed turbine siting and height earlier in the year: on Feb. 16 representatives from Bluestem Energy (Matt Robinette) and Gary Aksamit raised the height issue and proposed removing the numerical restriction; the commission agreed to hold a hearing. The March amendment implemented that change.
Why it matters: removing the numeric height cap and approving meteorological towers signals the county is preparing permitting pathways for larger-scale wind projects or for developers to collect data needed for project siting. At public hearings some residents expressed reservations about eventual wind‑farm development even as they accepted short‑term meteorological towers as data‑gathering tools.
What’s next: the commission’s minutes show the county is now evaluating setback and fall‑zone standards (including FAA coordination) on a case‑by‑case basis; future permit applications for turbines or wind‑energy projects would be reviewed under the amended language and any applicable CUP requirements.
Authorities referenced in the record include the county zoning code (Section 9.16.06) and an explicit note that FAA approval is required for tall structures.