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Washington County commissioners discuss draft ordinances for solar farms and data centers, weigh enforceability and litigation risk
Summary
At the June 1 meeting in Weiser, Prosecuting Attorney True Pearce and Commissioners debated draft ordinances to regulate solar farms and data centers, focusing on protections for agricultural land, enforcement mechanisms, decommissioning requirements and risks of overly prescriptive language that could invite costly litigation.
Washington County commissioners used part of their June 1 meeting to review and debate draft ordinance language aimed at regulating solar farms and data centers, focusing on protecting agricultural land and making rules defensible in court.
Prosecuting Attorney True Pearce said he had drafted language and suggested steering the drafts through Planning & Zoning after commissioners work out preferred policy details. “It would be a much more efficient process if you guys have it pretty much dialed in,” Pearce said, urging the board to refine language before formal hearings.
Commissioner Gordon Wilkerson said he wants the ordinance to robustly protect A1 agricultural ground and suggested borrowing provisions other Idaho counties have used. He proposed adding preferential‑use language for U.S.‑manufactured equipment: “If a product is manufactured in the United States of America, it shall be used in the development of this development.”
Pearce cautioned that some ideas may be difficult to enforce or vulnerable to legal challenge. “The biggest issue I see… is enforcement,” he said, noting that requiring proof that components are U.S. made could amount to an onerous compliance program and might be subject to case law limiting such preferences. He added that overly expansive provisions could increase litigation costs for the county and advised favoring narrowly tailored, defensible standards tied to health, safety and resource protection.
The draft ordinance already includes limits intended to protect agricultural land and sets decommissioning standards the commissioners discussed; Pearce noted other counties use periodic reviews and differing decommissioning rates and encouraged the board to consider annual or periodic review to account for changing cleanup costs and inflation. “The crazier the things that you put out there, the more reasons or teeth it gives them in litigation,” he said.
No final ordinance was adopted. The board continued the conversation in executive session later in the meeting and agreed to revisit and refine draft language before sending it to Planning & Zoning for formal review.
Next steps: Commissioners asked Pearce to revise language based on their feedback and suggested comparing ordinances from Twin Falls and Jerome counties before further action.
