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Commission weighs larger notice, bigger setbacks and bonding for utility‑scale solar farms
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Summary
After public comments and staff proposals, commissioners signaled support for stronger notice and decommissioning requirements for non‑accessory solar farms and asked staff to draft revisions including expanded neighborhood meeting notification (up to 3 miles as an option), review of setback distance, and requiring decommissioning financial assurance prior to construction.
The commission spent significant time on draft rules for non‑accessory solar energy systems—commonly called solar farms—focusing on setbacks, neighborhood notification and financial assurance for decommissioning.
Staff proposed increasing the minimum setback to 750 feet from residential structures and adding an aggregate‑impact review for projects within 2,500 feet of another solar installation. Toby Brown said the changes responded to public comments and would make screening, decommissioning and operational standards part of a conditional‑use process.
Public commenters urged broader notice than the ordinance's 500‑foot mailing radius. Sarah Stever cited research and asked that the county notify property owners within a three‑mile radius because a study she referenced showed measurable impacts on property values up to that distance. "If you were within 3 miles of a utility scale solar farm, your property values dropped," Stever said, arguing wider notification would include people whose land value might be affected.
Residents and commissioners also urged requiring a financial assurance (performance bond, letter of credit or escrow) to cover decommissioning before construction begins; several speakers cited Clay County's requirement as a model. Commissioners discussed whether setbacks should be measured from structure or property line and whether to align a hard setback with CAFO rules (1,320 feet) while including a waiver process.
Staff proposed a compromise: require a neighborhood meeting with notification at an expanded radius (staff suggested modeling it on other large uses) and require applicants to post decommissioning financial assurance before construction. The commission asked staff to draft language that: (1) requires a neighborhood meeting with an expanded notification radius (staff to show options including 1 mile and 3 miles); (2) clarifies whether setbacks should be measured from structures or property lines; and (3) requires financial assurance before construction. The item will return to the planning commission with draft revisions.
