Des Moines County supervisors hold technical review of draft wind, solar and battery ordinance

Des Moines County supervisors spent the bulk of their Sept. 30 meeting in a technical work session on a draft ordinance that would regulate commercial wind, solar and battery projects in unincorporated parts of the county. County planner/legal staff walked the board through edits intended to clarify applicability, definitions and enforcement during construction and operations.

County staff presented the proposed changes and said the revisions aim to capture commercial, utility-scale projects as well as standalone battery systems, and to make enforcement more practicable. "This is just ensuring that this applies to a commercial scale wind, solar and in this case battery as well," the county representative said, summarizing how the ordinance distinguishes large projects from smaller, personal systems.

Why it matters: The draft would change where and how large energy projects are reviewed and enforced in Des Moines County, affect setbacks near cemeteries and occupied dwellings, and add operational standards for safety and liability (for example, rules addressing ice falling from turbine blades and requirements for decommissioning). Board members and attendees repeatedly pressed staff for clearer, enforceable language on habitual violations, how repeat offenses would be counted, and which county offices would handle long-term compliance and complaints.

What the board discussed: Key topics included: - Applicability and definitions: Staff proposed that commercial systems be defined in part by how their output is used (distributed to the grid or serving large commercial users) and by scale; solar thresholds referenced the Iowa Utilities Board metric (25 megawatts) as an example, while wind was discussed at a much lower point-of-entry (1 megawatt) because single turbines can be large and locally impactful. Board members asked staff to reconsider numeric cutoffs and to ensure scale thresholds matched local expectations.

- Cemetery setbacks and identification: The draft ties cemetery protections to assessor-recognized tax-exempt burial sites and discussed adding the Pioneer Cemetery Board's list to capture historic or family cemeteries. Supervisors were concerned about placing an unfunded verification burden on a volunteer board and asked staff to rely on existing, accepted lists rather than creating a new regulatory role for volunteers.

- Ice throw and safety: The group debated a narrow legal definition for "ice throw" (ice shedding from moving blades) and whether to require shutdown criteria tied to weather or blade sensors. Several supervisors recommended a straightforward definition and clear developer responsibility for any debris that comes from turbine blades while in operation.

- Decommissioning and partial decommissioning: Staff clarified that the ordinance would allow partial decommissioning (removal of a malfunctioning implement) rather than always requiring dismantling an entire project. The board discussed the financial assurances and what constitutes full removal and site restoration.

- Shadow flicker and nuisance: The draft defined shadow flicker as sunlight passing through rotating blades and casting a moving shadow; supervisors debated wording to make the definition readily defensible in court while still protecting residents from intermittent strobe effects.

- Met towers and permitting: The draft includes a streamlined permit for temporary meteorological towers used to test sites, and direction that preexisting met towers be removed if they are no longer needed after a project proceeds.

- Enforcement, emergency response and administration: Staff proposed the county administrator (or designee) be authorized to inspect facilities and to retain third-party consultants when needed. Board members discussed a model used in neighboring counties where the public health/environmental health office handles ongoing operational compliance, with county planning handling initial permits. Supervisors and staff also discussed requiring developers to provide 24-hour emergency contact information and to update the county when ownership or contact changes.

Board reaction and next steps: Supervisors generally supported the direction of clarifications but requested further edits to numeric thresholds, clearer language on how repeated violations would be tallied, and a workable approach to cemetery recognition that does not burden volunteer boards. Staff committed to returning revised draft language, to research example provisions on crop-dusting costs near turbines, and to coordinate with the county public-health/enforcement partner on inspection and complaint-handling processes. The work session concluded with staff noting additional drafting and cross-checks against cited Iowa code would follow.

The county will not vote on the ordinance at this meeting; the work session was used to refine language and to identify enforcement and implementation roles for subsequent drafts and public hearings.