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After AG warning, Emery County to follow formal process on solar ordinance; commissioners weigh limits versus a ban
Summary
Following a letter from the state attorney general, Emery County commissioners discussed whether to pursue a narrow ordinance with setbacks and reclamation bonds or a broader prohibition on utility-scale solar; county attorney warned that failing to follow procedure risks litigation.
The Emery County Commission reopened discussion on a proposed solar ordinance on Tuesday after receiving a note from the Utah attorney general’s office that the commission had not followed required public-meeting procedure during an earlier item.
Commissioner (speaker 2) and other commissioners said the AG’s letter stemmed from a meeting where a motion to "begin the process" was perceived as a de facto ban on utility-scale development. "The AG was concerned that we were discussing a specific project and morphed into a general ban," the chair (speaker 1) said, urging adherence to required procedures.
Commissioners and staff debated several options: drafting an ordinance that sets parameters such as setbacks from adjoining homes, vegetation control, and site design to manage flood risk; adopting a time-limited moratorium; or pursuing a full ban on utility-scale solar. County attorney Mike (speaker 14) advised following formal steps and noted litigation has already been filed in related matters: "There definitely will be litigation. We've already had two cases filed," he said, urging the commission to adhere carefully to process.
Commissioner 1 noted that recent state legislation includes reclamation bond requirements and incentives intended to direct projects away from the most productive farmland; the commissioner emphasized that solar is not the cause of regional drought and sought to correct several technical misconceptions expressed at earlier public meetings: "Solar is not causing our drought," the commissioner said.
Next steps: commissioners directed the county attorney and staff to prepare ordinance language and follow the appropriate hearing process; if the commission decides to proceed, staff and legal counsel will bring proposed code language and procedural steps before the public and the commission.
