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New wind regs get county’s approval |
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Thursday, 25 June 2009 |
 By MICHELLE ZLOMKE
Chief Managing Editor
Custer County Planning Commission settled on a 1/4-mile setback for wind generation structures before forwarding proposed regulations to the Custer County Board of Supervisors Tuesday.
Supervisors unanimously approved the new zoning regulations that call for a larger setback than previously planned.
The regulations also define a complaint process and provide an easement clause for landowners and developers.
“I have had no comments since the public meeting protesting the regulations since they were approved by the planning commission,” said Zoning Administrator Larry Gibbens.
During its public hearing last week, the planning commission voted to increase setbacks from occupied dwellings to 1/4 mile. That was a change from the proposed 1,000-foot setback they had considered. “I haven’t heard any comments from anybody on the 1/4 mile we approved the other day and that distance is consistent with other regulations we have,” Gibbens said.
County Board Chairman Larry Hickenbottom asked if the regulations, and the setback requirement, would be cumbersome for developers.
Custer Economic Development Corp. Director Doug Campbell told the supervisors he attended a national wind energy conference recently and discussed zoning requirements with several developers.
“The majority push for small setbacks,” Campbell said. “A thousand feet is common, but they said 1/4 mile works. For the most part, they would be pretty happy with this. It’s not overly cumbersome. I think we’re competitive.”
Gibbens said the planning commission received a lot of input from people in other parts of the country who are affected by wind energy facilities.
Much of the input centered on the distance between wind facilities and dwellings, he said.
“A lot of them with complaints didn’t have any kind of setbacks,” Gibbens said. “It was on he neighbor’s property, but it was on their property line and they didn’t have any zoning in place. They just decided to do it.”
Campbell said the provision for easements in the zoning for wind energy facilities keeps the county competitive.
The regulations state, “Easements between a landowner and a WECS (Wind Energy Conversion System) developer concerning setbacks, noise and shadow flicker shall be allowed.”
“We wrote language that would allow for smaller distances if the landowner agrees to it,” Gibbens said.
The supervisors and representatives from the planning commission also reviewed the provisions for complaints by landowners.
The regulations require that a complainant enter into an arbitration process with the developer withing 30 days of filing a complaint with the zoning administrator.
Once arbitration is complete, if the complaint is not resolved, an independent study will be conducted at the complainant’s expense.
If the developer is found to be non-compliant, the county will pay half the cost of the study, up to $3,000.
County Attorney Tammy Schendt said she felt the complaint process unnecessarily precludes enforcement of regulations.
“We need to enforce our regulations if they’re not in compliance,” Schendt said. “I don’t know why you would force arbitration. If they’re not in compliance, somebody should have the right to complain.”
Planning commission member Dave Birnie said the intent of the complaint process was to ensure that concerns were addressed and not left unsettled.
“As far as arbitration, I ask you to consider leaving that in whether you strike the rest or not,” he said. “You really want to force the conversation when there’s a complaint.”
Planning commission chairman Butch McGinn agreed with the need for a formal communication process.
“This was written to get something moving,” McGinn said. “People felt like their biggest complaint was drawing things out.”
McGinn also said the requirement that complainants bear some of the costs of the process keeps county staff from investigating frivolous complaints.
At the end of the discussion, Don McCullough made a motion to approve the new regulations as written.
“My opinion is there’s nine people who have been studying this for quite some time and I’m sure they’ve researched everything there is to research,” McCullough said.
The motion was seconded by Ran Varney and unanimously approved.
Following the meeting, Campbell talked to the Custer County Chief about the potential economic impact if a wind energy facility is located in Custer County.
Currently, Nebraska Public Power District is reviewing proposals from developers to build a WECS within 15 miles of Broken Bow.
NPPDs decision whether to approve a project will be made this fall.
According to the NPPD, a new facility would be operational by the end of 2010.
In November, NPPD called for proposals from developers for WECS near Broken Bow and Petersberg.
NPPD can choose to approve projects at one, both or neither location.
“Wind development is potentially huge for us,” Campbell said. “Right through Custer County there is plenty of wind.”
Campbell said an 80-megawatt site is a facility with $175 to $200 million in valuation.
In addition to the long-term revenue from the tax on property, construction of a WECS brings more immediate income to a community.
“During the construction phase, you can count on 100 workers,” he said. “We can expect a retail bump of a million to a million and a half dollars.” |
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Last Updated ( Thursday, 02 July 2009 )
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