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Des Moines County supervisors approve wind, solar and battery ordinance 2–1 after contested public comment
Summary
The Des Moines County Board of Supervisors voted 2–1 Jan. 13 to approve the second reading of a new wind, solar and battery ordinance and waive the third reading. The measure passed despite public objections about setbacks, turbine height and a scrivener's error in Article 12(d) that staff said will be corrected before adoption.
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The Des Moines County Board of Supervisors voted 2–1 on Jan. 13 to approve the second reading of a wind, solar and battery ordinance and to waive its third reading, moving the measure closer to final adoption despite extensive public comment criticizing setbacks, height limits and language changes in the draft.
The motion to approve the second reading and waive the third was made by a board member (transcript label S3) and seconded by a fellow supervisor (S15); the measure passed by roll call 2–1. Board staff and the land-use official said the draft posted in December contained a scrivener's error in Article 12(d) that incorrectly said restoration requirements applied to both participating and nonparticipating properties. Jared Lassiter, the county's land-use representative, told the board the intent — and the corrected text — is that restoration obligations apply only to nonparticipating properties because participating property owners are covered by separate contracts.
"This shall apply to nonparticipating properties," Jared Lassiter said, explaining the sentence was a drafting error and was removed from the final draft so that the county requirement applies only to nonparticipating owners.
The action prompted lengthy public comment. Tyler Mazner, who said he wrote a letter to the board, said he was concerned that removing the sentence in Article 12(d) during internal edits deprived participating landowners and the public of an opportunity for input and could reduce liability for developers. "I think it's extremely problematic that the board just passed an ordinance that I think deprived participating owner landowners from being able to comment on it," Mazner said.
Multiple residents urged the board to adopt property-line setbacks and lower maximum turbine heights, citing noise, shadow flicker and potential property-value declines if turbines are sited near homes. One commenter noted that some proposed turbines could be as tall as 650 feet and urged the county to use more protective distance standards.
Supporters of the ordinance and renewable energy noted long-standing deployment of wind in Iowa and urged evidence-based decisions. "Wind turbines are not new. They've been a part of Iowa's energy system for decades," said Kenny Olsen, adding that local protections should separate "fixable, local issues" such as setbacks and accountability from broader narratives that frame wind as uniquely harmful.
Board members also discussed permitting structure. One supervisor said he preferred setbacks measured from the property line and expressed concerns about a two-step permitting process; another said the ordinance and a preliminary review process give the board opportunities to request adjustments during permit review.
On procedure, a county official said the corrected version was posted the Friday before the vote and that prior public meetings had discussed removing participating owners from some restoration requirements; staff said they would ensure the final wording in Article 12(d) reflected the intent prior to formal adoption.
The ordinance vote followed other routine board business including approval of final plats and an appointment to the Southeast Iowa Regional Planning Commission. The board set a public hearing for a FY2026 budget amendment for Jan. 27, 2026, and approved committee assignments and personnel items.
Next steps: staff said the draft will be updated to remove the scrivener's language and the board will proceed toward final adoption; no final-adoption date was announced at the meeting.
