Des Moines County reviews major edits to wind, solar and battery siting ordinance

Des Moines County supervisors and staff spent a work session on Dec. 5, 2025, reviewing a bundle of edits to a proposed ordinance that would govern siting, operations and decommissioning of wind turbines, solar arrays and battery energy storage systems in the unincorporated county.

The supervisors focused on clarifying jurisdictional language and tightening technical definitions, Presenter said, explaining the draft removes a confusing caveat and adds an attorney-recommended acknowledgment that state law can override county authority. The draft also shortens the abandonment threshold for an idle facility from 365 days to 120 consecutive days and expands the definition of decommissioning to include partial removal after damage or abandonment.

Why it matters: the changes would reshape how developers are permitted to build and operate large energy projects in Des Moines County by updating setbacks, safety requirements and the county’s authority to require cleanup and financial assurances.

Key changes and discussion - Jurisdiction and authority: Staff clarified the ordinance applies to the unincorporated county and added language, per the county attorney, that a state law preempting county regulation would prevail.

- Definitions: The draft tightens multiple definitions. ‘Repowering’ now applies to replacement of an entire structure rather than routine part repairs, and ‘shadow flicker’ is explicitly defined as the moving shadow cast by rotating blades on buildings or surfaces.

- Abandonment and decommissioning: The ordinance reduces the abandonment trigger from 365 days to 120 consecutive days of non‑production and requires procedures for removal and post‑decommissioning site assessment. Staff told the board a third‑party reviewer chosen by the county must confirm decommissioning compliance.

- Height and setbacks for wind turbines: The board added a maximum turbine height of 650 feet measured from ground level to the blade tip at its highest rotation point. Setbacks for nonparticipating properties were set at “1,800 feet or three times the turbine height, whichever is greater.” Presenter said the height definition is intended to avoid double-counting the rotating blade when calculating setbacks.

- Solar and battery standards: The commercial solar threshold was lowered in the draft to 5 megawatts (from a higher threshold discussed earlier). For battery systems, the draft distinguishes non‑aqueous chemistries (lithium/sodium‑ion) as higher fire risk, sets larger setbacks in those cases, and requires containment systems sized for a 100‑year, 24‑hour storm event, inspection and sampling during the first year of operation, and periodic inspections thereafter.

- Noise and shadow flicker: The noise standard across chapters was set to a maximum of 50 weighted decibels measured outside the building wall closest to the facility; shadow flicker for occupied dwellings was limited to no more than 30 hours per year and extended to civic buildings under the same rules.

- Wildlife and environmental monitoring: Where projects lie within three miles of a conservation area, the ordinance requires expanded field studies and post‑construction monitoring focused on avian and bat species, including migratory and raptor species. Staff said a more intensive three‑year initial monitoring period would be followed by surveys at least once every five years.

- Emergency response and fire safety: Operators must demonstrate the ability to coordinate on‑site response within one hour when necessary and to identify medevac landing sites as needed. The draft also includes provisions for specialized training and possible compensation for rural fire departments when specialized equipment or extended monitoring is required.

- Technology risk and materials: The draft restricts use of novel or experimental components by requiring a licensed third‑party technological risk evaluation, paid for by the developer, to assess system components and safety (fire suppression, lighting, materials) before approval.

- Insurance and financial assurance: The owner/operator must maintain all‑risk liability insurance through construction, operation and decommissioning, and the draft sets baseline liability limits in the proposed language to address environmental and bodily injury risks; the draft also tightens bond provisions so a decommissioning bond remains in force until the county confirms completion.

Exchanges and points of contention Board members debated process for preliminary versus final review. One legal adviser cautioned that creating a preliminary vote that looks like a conditional use permit could create a property interest and potential litigation risk; the board discussed alternatives such as issuing a preliminary report while reserving votes to impose special conditions before final approval. The staff summary of that discussion kept both options on the table for further drafting.

Safety concerns surfaced repeatedly. One supervisor cited a Mechanicsville case and said debris and fires had spread widely there, urging caution; another board member said the proposed decommissioning timelines and insurance requirements should prevent similar outcomes.

Next steps No formal vote was recorded in the transcript. Supervisors and staff agreed to refine specific language (particularly the preliminary/final review wording and the clause describing permit revocation) before bringing a revised draft forward for further review.

Representative quotes from the session "The maximum height shall be 650 feet," Presenter said when summarizing the board's requested cap on turbine height. "I think the final suit said that there had been debris scattered for 1,500 feet," one supervisor said when describing safety concerns from a past incident. "You get the preliminary report. You can provide feedback based on that preliminary report," a legal adviser said while counseling the board on whether to vote to grant preliminary consent to proceed or to keep that stage advisory.

The board concluded the work session after confirming a few remaining editorial fixes and follow-up items. The county's next step is to incorporate the legal and technical edits discussed and return a revised draft for future consideration.