Dunn County planning panel votes to restore 1‑mile setback in wind ordinance, forwards change to county commission

The Dunn County Planning and Zoning Commission on a unanimous roll call recommended that the County Commission restore a 1‑mile setback for wind turbines from nonparticipating property lines and forward the amended wind energy ordinance for legal review and the county board’s first reading.

The recommendation follows a staff presentation of steering‑committee edits and public comment urging greater protections for nonparticipating neighbors. Sandy (staff) walked commissioners through the draft changes, noting a switch from a proposed ½‑mile nonparticipating setback back toward the original 1‑mile distance and several other substantive edits: a 90‑day window for review and possible public hearing (up from 45 days), a per‑turbine bond raised to $1,000,000, a 2‑mile setback from city extraterritorial jurisdictions and from platted residential developments, an explicit invasive‑species requirement in weed‑control plans, and draft provisions for dust mitigation and decommissioning/reclamation.

“Setbacks from platted residential developments… each wind turbine shall be setback measured from the center of the turbine monopole at least 2 miles,” Sandy said while showing the draft. She also noted changes in bond and bond‑release language and that certain items were highlighted in green to show steering‑committee edits.

Public commenters pressed the commission to keep stronger protections. Deneen Pressler said she opposed reducing the nonparticipating setback from 1 mile to a half mile, arguing that owners within a mile can suffer property‑value declines and “should get a seat at the table.” Luke Honeyman likewise asked the panel to return the standard to one mile. Elvis Hensel said setbacks are “the biggest part,” raising concerns about land‑use changes and quoting anecdotal estimates of value declines in other states.

Dalton Pearson, representing Nexstar Energy Resources, told commissioners a 2‑mile residence setback would cover a very large footprint — he said the radius around a single residence could encompass roughly 8,000 acres — and warned that severe setbacks can make projects infeasible even when many landowners in a proposed boundary have signed participation agreements. Pearson also described a proposed 500‑foot tip‑height limit in the draft and stressed that bonding, weed control and dust mitigation are important protections during construction and reclamation.

Commission discussion returned repeatedly to the nonparticipating‑property‑line setback. Commissioners noted the ordinance retains variance and waiver language that could allow adjustments when landowners agree, and they emphasized that the draft does not rezone entire quarter sections but applies industrial valuation only to turbine footprints. After debate, a commissioner moved and the commission seconded a recommendation to the Board of County Commissioners to adopt the ordinance with the change restoring the 1‑mile setback; the motion passed on roll call.

Sandy said staff will submit the revised draft to county legal for review and then present the recommendation to the Board of County Commissioners for first reading (scheduled July 1), with a second reading two weeks later and a 30‑day appeal period before the ordinance would take effect if there are no appeals. The commission also recommended extending the existing wind energy moratorium to Oct. 1 to allow time for legal review and finalization; members noted the moratorium could be lifted earlier if the review finishes sooner.

The commission’s action was a recommendation only; any final change to the ordinance depends on the County Commission’s review, legal findings and the public hearing process.