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Board adds study, monitoring and mitigation requirements for wildlife in draft ordinance
Summary
Draft Article 11 now requires third‑party field studies complying with US Fish and Wildlife Service guidance, defined project‑area scope, and post‑construction monitoring with public annual reports for three years; the board debated thresholds for required mitigation and who sets predicted rates.
County staff presented expanded wildlife monitoring and mitigation requirements for wind, solar and battery projects.
The presenter said the updated draft requires field studies conducted by a licensed third‑party professional that clearly define the project area and follow the US Fish and Wildlife Service land‑based wind energy guidelines. Studies must include, at minimum, acoustic bat monitoring, migratory bird observations, radar monitoring, raptor and eagle nesting surveys, wetland and riparian assessments and tests for hibernacula where relevant.
Why it matters: the changes formalize scientific expectations for assessing wildlife risk before permitting and create a post‑construction monitoring regime so the county can compare observed impacts to predicted rates and trigger mitigation if exceedances occur. "If the observed mortality rate exceeds 25 percent higher than the predicted rate in the plan, then the owner or operator shall identify strategies for mitigating the problem," the presenter said.
Public commenters pressed two issues: whether a county standard should replace vague terms such as "substantial negative impact," and whether fatality counts and monitoring methods can be relied on in the field. Residents gave examples from other jurisdictions where carcasses were scavenged or removed and said the practical ability to count fatalities is limited.
Board and conservation members said the ordinance will rely on consultation with Des Moines County Conservation, the Iowa DNR and US Fish and Wildlife to set species‑specific mitigation measures and to determine what an acceptable predicted rate looks like for that location. Staff said monitoring reports must be filed annually for three years after construction and made available to the public; mitigation measures may include deterrent technologies or temporary shutdowns during peak activity times.
What was not decided: the board did not set a definite, universal mortality number; members asked staff and conservation officials to work on a clear, measurable metric and to place guidance in the ordinance or accompanying plan so the county has objective grounds for mitigation or permit denial.
Next steps: staff will adjust language to remove ambiguous terms, clarify how predicted rates are determined and post the annotated draft for public review.
