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Des Moines County session debates setbacks: property line vs. dwelling protections
Summary
Supervisors and residents debated whether setbacks for commercial solar, wind and battery systems should be measured from property lines or from occupied dwellings, with concerns about property rights, wildlife, cemeteries and permitting waivers driving disagreement.
Zach James, with the Southeast Regional Planning Commission, opened discussion by explaining that the draft consolidated ordinance adopts a uniform approach for commercial solar, wind and battery energy systems and includes a clause that the requirements “shall apply only at the time of construction,” meaning setbacks would not automatically apply to buildings added after a permit is issued.
The room split over how to measure setbacks. Some residents urged a simple property-line standard. “A property line is a property line. Why do you want to muddy the waters with dwellings, buildings?” said Allison Moore, arguing that measuring from the property line preserves future private use. Others said occupying structures merit stronger protection. “Setbacks are meant to protect people where they live and work today, not hypothetical structures that might never be built,” said Kenny Olson, director of the Des Moines County Energy District.
Planners and several supervisors said measuring from a dwelling recognizes the practical difference between a house and generic acreage and better protects residents’ daily living spaces. The draft includes separate setback categories for occupied dwellings, nonparticipating properties and public conservation areas; participants questioned whether cemeteries should receive the same 300‑foot buffer now proposed for conservation areas.
Zach James and other staff proposed simplifying the table by using a single property-line setback (for example, 300 feet) and allowing a waiver mechanism during permitting. Opponents warned that a single rigid distance could “lock in” harmful outcomes if too permissive. The draft already contains a waiver clause that allows written permission from affected property owners to shorten distances for specific parcels.
The board agreed to refine definitions (for example, what qualifies as a cemetery), to clarify that protections are tied to the time of permitting, and to return with revised language and options — including a property-line default with a controlled waiver process — at a future meeting.
The session did not take a formal vote on setback distances or the waiver language; staff said they will bring revised text and comparative examples (including Lee and Henry counties’ approaches) for the board’s next review.
