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Brown County Planning Commission advances draft solar zoning rules, approves size limit and decommissioning requirements
Summary
The commission approved a roughly 12-acre limit for solar facilities along with setbacks, noise and fencing requirements, and a decommissioning clause requiring removal after 12 months of inactivity and a bond; staff and commissioners will draft detailed siting and decommissioning language for the Aug. 1 meeting.
The Brown County Planning Commission on July 9, 2025 voted to advance draft solar-facility siting guidelines that include a roughly 12-acre limit on the size of a facility, plus setbacks, noise limits and fencing requirements.
Clif Heiniger, vice-chair of the commission, moved to set the overall facility and support area limit at about 12 acres; Wyatt Kerl seconded the motion, which carried. Commissioners framed the limit as an initial guideline to be refined in ordinance language.
Commissioners discussed examples from other Kansas jurisdictions during the meeting. Annette Hoskins cited the City of Sabetha zoning ordinance, which addresses solar in its extraterritorial jurisdiction; the commission also noted City of Horton’s regulations that primarily address height and that City of Hiawatha currently appears to have no solar zoning restrictions. Chair Bill Vonderschmidt said he and the vice-chair would follow up with County Commissioners and local jurisdictions for more detail.
The commission also adopted a decommissioning requirement. Wyatt Kerl moved that facilities inactive for 12 months must be decommissioned, that a bond be required to ensure funds for decommissioning, and that a conditional-use permit process include notice to nearby residences and landowners; Annette Hoskins seconded and the motion carried. The draft language discussed included a requirement to notify residences and landowners within 1 mile and a proposed 1/4-mile setback from residences.
Members assigned drafting of decommissioning and additional siting provisions as homework ahead of the commission’s next meeting on Aug. 1. No formal vote tallies were recorded in the minutes; motions are recorded as “carried.” The meeting adjourned after a motion by Shawn Lloyd, seconded by Wyatt Kerl.
The draft measures will return to the commission for additional detail — including specific setback measurements, noise thresholds, fencing standards, and bond terms — at the Aug. 1 meeting.
