Worth County supervisors adopt resolution recognizing vested rights for Worthwhile Solar West after extended discussion

The Worth County Board of Supervisors adopted Resolution 2026-23 on a 3-0 roll-call vote after an extended discussion about whether a standalone board resolution would be sufficient to clear a state permitting hurdle for the Worthwhile Solar West project.

Kelly Orton, representing the project, presented a draft settlement agreement and a companion resolution and told the board the agreement was intended to resolve an unintended conflict between state permits and a county zoning ordinance that was never updated in 2019. "What's in front of you is a draft agreement, a settlement agreement, and a resolution to pass it," Orton said, explaining the filing would ask the Iowa Utilities Commission to amend a permit condition that requires local approvals.

Board members pressed for clarity about language in the draft that would, by reference, "agree not to object or otherwise contest" relief requested in docket GCU 2019-00002. One supervisor warned that the docket contains many documents and that supervisors should not be seen as approving filings they had not reviewed. "It says the board agrees not to object or otherwise contest the relief requested in docket number GCU 2019002," a supervisor said, urging caution about binding language.

Several supervisors also referenced the county's contentious history with a prior developer and said that past litigation and tactics warranted careful legal review of any agreement coming from the company involved. The project representatives said they understood the concerns, offered to pay for a lawyer to review the settlement, and argued the project faced financing and scheduling risks if there was no clear board action. Orton said the project had contractors lined up and landowners who had not planted crops in expectation of mobilization and that a delay could jeopardize financing: "If we don't pass your resolution and sign your agreement, we just pass our own, we're done... All that is getting delayed. This puts us in a very uncomfortable position."

Supervisors debated two approaches: (1) pass the resolution now to show the county recognizes vested rights and deliver it to the Iowa Utilities Commission to see whether the commission accepts the board's action, or (2) wait until a completed settlement agreement and associated filings are in hand and approve the agreement and resolution at the same meeting (which would include a public hearing and likely take longer). Board members cautioned that a public hearing and IUC process could add many weeks to the schedule; staff said a properly noticed public hearing would take time to post and process.

After discussion, the board did not approve the settlement agreement on the spot. The supervisors and project representatives agreed the applicant would finish the draft settlement agreement and supplemental filings and return with a complete package for review; the applicant offered to fund legal review to expedite the process. At the subsequent agenda item the board adopted Resolution 2026-23, which (per its text read aloud to the board) directs the county auditor to update the zoning ordinance text consistent with Ordinance 2019.09.30, recognizes that the Worthwhile Solar West project proceeded past the point where a conditional-use permit would normally have been required, and declares that the project has a vested right to continue without obtaining a conditional-use permit.

The board's roll call on Resolution 2026-23 was recorded as: Smei: I; Stone: I; Lobert: I. The board recorded the action as administrative direction to the auditor and adopted the resolution.

Next steps recorded in the meeting record: the applicant will complete the settlement agreement and the related IUC filing; the board will consider the completed agreement and any required administrative action at a future meeting, and the applicant offered to reimburse the county for outside counsel review if the board requests it.

Action recorded: Resolution 2026-23 adopted; additional settlement agreement and filings were left to be completed and returned to the board for formal approval.