Des Moines County extends wind-energy moratorium amid resident opposition and legal questions

The Des Moines County Board of Supervisors voted Oct. 28 to extend a moratorium on accepting or approving permit applications for commercial wind-energy conversion systems through Dec. 31, 2025, to allow time to finalize proposed amendments to the county’s wind-energy ordinance.

The board adopted a resolution stating that additional time was needed to complete ordinance language governing siting and operation. Supervisor Shane McCell voted in favor, as did Supervisor Tom Broker and Supervisor Jim Carrey; the motion carried.

Why it matters: Residents and conservation advocates urged larger setbacks from homes and wildlife. Multiple letters in correspondence and speakers during the public input period asked the board to adopt setbacks ranging from several thousand feet to several miles to protect homes, eagle nests and bat habitat.

Resident Dale Allison, in a letter the board read into the record, questioned the board’s prior use of a closed session to discuss the sale of county real estate and warned he would file a complaint with the Iowa Public Information Board unless an open-session acknowledgement was given. Allison quoted the statute in his letter, saying, “Such meetings are allowed to discuss the purchase or sale of particular real estate only when premature disclosure could be reasonably expected to reduce the price the government body would receive for that property.”

Rose Fisher, speaking at the microphone on behalf of a group she identified as “the crew,” said the group had provided input for months and that not all materials were posted for an Oct. 14 work session. “Silencing our voices now after we have participated in good faith is very disappointing,” she said.

County staff and the board described competing priorities. County staff member Jared told the public the legal effect of very large, conservation-style setbacks could be uncertain where the county lacks a unified zoning map outside the Burlington two-mile fringe: “It could be interpreted as a form of zoning,” he said, warning that overly prescriptive setbacks might trigger legal challenges.

Several correspondents cited specific setback figures. One writer urged a 3–5 mile wildlife buffer from active bald-eagle nests and asked for a 3,250–3,280 ft minimum setback from homes; others urged keeping turbine heights at or below 650 ft and asked for protections for migratory flyways. County officials acknowledged the variety of proposals and said staff and the board need more time to balance safety, property rights and legal constraints.

The board also discussed whether to read correspondence aloud at meetings or place it on file and recommended a work session to set consistent procedures for handling large volumes of public input.

What’s next: The moratorium extension gives staff and supervisors additional time to refine ordinance language and to schedule work sessions and public meetings on setbacks and wildlife protections. Several residents asked for the next work session to include an opportunity to present the wildlife draft and receive responses from staff and legal counsel.