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Resident urges ordinance to limit clustering of large power facilities; petition delays rezoning tied to energy developer

Deuel County Zoning Board / Board of Adjustment · June 1, 2026
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Summary

During public comment resident Val Trooien presented a draft ordinance proposing minimum separation distances for utility-scale power facilities to avoid clustering; the Board received the proposal for further review. Separately, a petition filed May 5, 2026, will delay consideration of a Conditional Use Permit related to a 71-acre rezoning for Missouri River Energy Services and a James E. Peterson trust.

Val Trooien, a Clear Lake resident, presented a draft ordinance at the May 11 Deuel County meeting proposing scaled minimum separation distances between major power-related facilities, including utility-scale wind and solar projects, substations, transmission lines, battery energy storage systems, fossil fuel plants, and data centers.

Trooien told the Board the draft is intended to prevent overindustrialization of agricultural land, preserve rural character and quality of life, improve grid security, and distribute industrial development more evenly across the county. Board members discussed concerns raised in public comment, including concentration of power infrastructure in specific townships, potential impacts on property values and rural quality of life, national-security and disaster concerns related to clustering, and tax-revenue distribution among townships.

The Board treated Trooien's draft as a starting point for further review; no ordinance was introduced or voted on at the meeting. Trooien indicated the draft could be modified and acknowledged that existing ordinances addressing wind, solar and transmission lines and yet-to-be-developed battery storage regulations may affect how a new separation-distance ordinance would be written.

Separately, Zoning Officer Jodi Theisen informed the Board a petition filed with the Deuel County Auditor on May 5, 2026, will delay consideration of a Conditional Use Permit tied to a rezoning request for approximately 71 acres (legal description: E1/2SE1/4, except the west 9 rods, of Section 7, Township 113N, Range 48W of the 5th P.M.) submitted by Missouri River Energy Services and property owner James E. Peterson Living Trust. The County Commissioners had approved the rezoning on April 7, 2026; the petition pauses further administrative consideration pending the outcome of the election referenced by the petition.

Board members asked procedural questions about election timing, notice requirements, and absentee voting for the referendum; county staff said the County Auditor's Office will provide clarification consistent with state law. Trooien and other public commenters urged continued review and suggested the Board evaluate cumulative impacts and township-level distribution if the county pursues any separation-distance standard.

The Board did not take formal action on Trooien's draft. Staff noted additional analysis and public outreach would be required before any ordinance could be drafted or considered.