Kansas counties consider new restrictions ahead of big solar project



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Anticipating one of the largest solar projects in the country, two counties in Kansas are considering new regulations to limit the size and location of solar parks.

NextEra Energy Resources last year announced plans for its West Gardner Solar Project, a 320-megawatt 3,500-acre project in Johnson and Douglas counties in eastern Kansas. The area is attractive in part because of its proximity to major transportation lines as well as potential customers in Lawrence and Kansas City.

The company has not officially notified either of the two counties of its intention to build the project, but the two are taking steps to “get ahead” of what would be the region’s first major solar project and one of the most. greats of the country.

Johnson County currently has no rules regarding solar farms. Douglas County requires special use permits but has no standards for size or setbacks.

“It’s common for standards to exist for any significant land use,” said Tonya Voigt, zoning director for Douglas County. “There has been no discussion to ban solar power on a large scale. Douglas County’s goal is to write bylaws that balance sustainability, environmentally sensitive lands, impacts on rural neighborhoods, community benefits, and the overall impact on the community as a whole.

Johnson County hired a consultant who drafted interim regulations that would require solar projects to obtain conditional use permits, which require a public hearing. The consultant also suggested a 20-year cap on permits, a maximum of 2,000 acres on projects, and a buffer zone of at least one mile from city limits. They also recommend that signs be at least 50 feet from the property line and 250 feet from neighboring residences.

Large-scale solar panels were “never considered” when Johnson County drew up a current comprehensive plan in 2004, said Jay Leipzig, director of planning and development for Johnson County. Leipzig added that this is a separate type of development that requires its own standards as it is neither fully agricultural nor fully industrial.

“That is why we wanted to give the planning committee time to draft regulations before receiving an application,” Leipzig said.

The Johnson County Planning Commission held two town halls in September, at which it heard predictions from residents that a large solar project would destroy views and reduce property values. Douglas County, home to the University of Kansas, also held town halls and heard from people concerned about the project’s possible repercussions, as well as those who support the decision to cut carbon emissions.

“As we see more solar power developing in more and more places, we are seeing more and more potential conflicts over land use,” said Sean Gallagher, vice president of business at State and Regulatory of the Solar Energy Industries Association. While landowners are often happy to receive rental payments for solar panel accommodation, it’s a different story for those who live next to or down the road.

Developers should reiterate to communities the financial benefits that will be taken away – tax revenues for schools and other local government services, rental payments that can offset volatility in farm income and jobs. Removing land from agricultural production for two or three decades can also restore soil health and fertility, Gallagher said.

He recommends that the industry not just talk, but listen. “Adjust your plans based on communities. Certain types of land are better avoided than developed.

Achieving President Joe Biden’s goal of producing 45% of the country’s electricity from solar panels by 2050 will require the installation of panels on half of 1% of all land in the lower 48 states, said Gallagher. Achieving this will require solar developers to become “smarter and more aware of how and where they develop projects.”

In a statement filed with the planning commission, NextEra challenged the proposed limits on size and location and said the associated costs could make the project financially unfeasible. The company also objected to the county treating solar farms differently from other forms of business development.

“The solar projects are a ‘development’ that is comparable to other types of land development currently underway in Johnson County,” the utility wrote, “despite reference from County Planning Commission staff to Johnson to solar development resulting in “compromised” terrain. “

Douglas and Johnson counties continue to seek comment and draft ordinance. In Douglas County, where two other solar companies made inquiries this summer about the development of a large grid, the planning commission will hold a third public hearing on November 3 and could then vote to pass a recommendation to the county commission. .

The Johnson County Planning Commission will continue to listen and deliberate for a few months. Two committee working sessions are scheduled for October. More public comment will be welcome during a public hearing tentatively scheduled for November 16. Leipzig said he aimed to get the language to the entire county commission by the end of the year.

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