Commissioners Make Final Decision On Wind Energy

By Gordon HopkinsIs there a future for wind energy in Jefferson County?The answer was given by the Jefferson County Commissioners on March 23 and is likely no.After nearly two years of debate, Jefferson County Commissioners set new regulations for wind turbine permits after a public hearing the evening of Thursday, March 23, held at the 4-H Building on the Jefferson County Fairgrounds. Regulations under consideration included those covering decommissioning and shadow flicker, but the most controversial rule, a one-mile setback, was passed unanimously by the commissioners, despite the argument by a number of wind energy supporters that such a setback would effectively make wind farms unfeasible in the county. At a meeting earlier this year, Jefferson County Commissioner Gale Pohlmann suggested that a one-mile setback makes reviewing the other regulations unnecessary, “In my opinion, they can leave everything else, because we won’t have any windmills.”The Planning and Zoning (P&Z) Committee recommend significantly increasing the setbacks for the placing wind turbines to one mile (5,280 feet). The setback established is measured from the wind turbine to a non-participating landowner’s exterior wall. P&Z also recommended a 1/2 mile setback to the property line of a non-participating landowner’s property and a one-mile setback to schools, churches, incorporated communities and state owned recreational areas, such as Rock Creek Station and Alexandria State Park. The hearing was held prior to the vote to allow the public one last opportunity for input. More than 150 people were in attendance and 31 spoke.Existing Wind ProjectThere is already one wind farm in Jefferson County. NextEra Energy Resources owns and operates Steele Flats, which has been in place for over 10 years. Matthew Jones, a developer for NextEra, said, “I think we all know that Steele Flats was built with a three-to-one, turbine height to distance setback.”FJN reached out to NextEra after the vote. Jones said it was “too soon” for a response.A Vote of the PeopleA number of people have asked why the decision to allow wind turbines in the county could not go to a vote of the people. Local attorney Gregory Kratz was present and commissioners asked him to explain.“The reason it can’t go to a county-wide vote is because state statute does not allow for county referendums. It only allows for state referendums, citywide referendums, municipal referendums, but it does not allow for county referendums. So that’s why we can’t have a county-wide vote.”Kratz supported the one-mile setback and in the past disputed claims that the set back was too onerous. FJN has asked Kratz more than once if he is representing himself or has a client. Thus far, he has not answered. Property RightsTwo days prior to the hearing, four member of P&Z presented their recommendations to the commissioners and responded to questions.Much of the debate about wind turbines has been about the balance between participating and non-participating property owners’ rights.“As far as property rights, I think we all gave up our property rights in the county when we went along with planning and zoning,” said P&Z member Kevin Banahan. “To me, you forfeited your property rights there and then.”Banahan expounded on his premise, “This is my personal opinion and you can disagree. The reason we have zoning in the county is because hog poop stinks.”“In the 90s, there were the consolidation in the hog industry and there were a lot of buildings being built,” said Banahan. “And then we had the scaredy cats and all that running around, telling everybody that if we don’t have zoning, there’s gonna be a hog farm on every intersection.” Republic County, KansasP&Z Chair Randy Welsch said, “I will be real honest with you. I’m glad that we have zoning right now. Because otherwise we could be faced with what Republic County is right now.”NextEra is building the High Banks Wind Project in Washington and Republic counties in Kansas. Welsch said he has spoken to people in that area, “They said, ‘Well, right now we do not want to be a contractor.’ I said, ‘What do you mean?’ They said, ‘Well, they’re getting windows shot out.’”According to the Republic County Sheriff’s Office John Deere Motor Grader belonging to Blattner Energy, the company constructing turbines for the project, was shot at and damaged. The incident was discovered the morning of Saturday, February 18 of this year. The sheriff’s office is investigating.FJN learned a journalist covering the story in Republic County received a message that ‘it would be in their best interest to stop reporting those incidences,’ which was reported to law enforcement.Commissioner Michael Dux asked, “So, you’re saying that the people that are oppose to them (wind turbines) are causing violence?”“I’m assuming it is,” Welsch responded.Welsch noted other incidents occurring in that area that he feared could occur in Jefferson County if wind energy development was allowed to go forward.“You’ve got fathers against sons. I mean, they won’t talk to each other,” said Welsch. “They went so far as to tell me the local Dairy Queen would not would not serve a contractor until the corporate office came down and said you have to.”Welsch said, “I don’t feel it’s worth it.” Legal RamificationsWhile there has been considerable discussion about how opponents of wind energy might react if the vote did not go there way, there was very little discussion either at the meeting or the hearing as to the possible reaction of wind energy supporters.According to NextEra, there are currently 72 landowners in Jefferson County that have signed leases for Big Blue Wind, comprising a total of 171 parcels of land.FJN reached out to Jefferson County Attorney Joseph Casson after the vote to ask if the county could face any legal repercussions. Casson said, “While zoning cannot regulate wind turbines out of existence, the regulations are intended to balance reasonable rules to protect the heath, safety and welfare of the public against the rights of property owners to utilized their land. The setback issue was sent back to the P&Z Commission a year ago because there was no evidence that the setback from three to five times tower height related to the health, safety and welfare of the public since the issue was never discussed. After the matter was referred back to the P&Z Commission, there has been much public input and information upon which the degree of protection is reasonably necessary for the protect of the health, safety and welfare of the public. The P&Z Commission made a recommendation of a one mile set back and it was represented to the Jefferson County Board of Commissioners that the set back was necessary for the health, safety and welfare of the public. If a landowner or group of landowners believe that the regulation is unreasonable, a challenge can be made in court to have the regulation set aside.”Casson also noted, “As far as the Big Blue Wind Project is concerned, I do not have enough information to determine to what extent the new regulations will impact the project. As was represented by the attorneys on behalf of the those opposing wind energy, a nonparticipating landowner can waive the setback requirement.”Response of Wind Energy OpponentsDespite the restrictive new regulations, a number of wind energy opponents are dissatisfied with the outcome, feeling they do not go far enough. Members of the Jefferson County Wind Watchers, a coalition of landowners that pushed for stricter guidelines, went to Facebook after the meeting to express their unhappiness, with one individual posting, “Failed by government officials so glad they put the greed of 72 people in the county above the rest of the county. Bet we have some new commissioners next election.”Another person responded to that post, “All of them forgot that we are the reason they are where they are. Next election will more than likely change their greedy lil careers.”Danielle Ross Schwab, a vocal opponent of wind energy and an administrator of the Wind Watchers’ Facebook page, was more explicit. Among her objections, “Instead of the 1/2 mile to non-participant property line suggested by P&Z, or the one mile asked by many people in their letters or during public comment, including the several local aerial applicators that explained they need at least 3/4 of a mile to make their turns safely with a loaded plane-the commissioners agreed on 2x the height of the total system as a setback to non-participating PROPERTY LINES…so using 600ft towers for easy math, 1200ft from non-participants property lines.”Schwab added, “We are still digesting this information and what it means so not sure you have heard the last of us yet…”County CommissionersAll three commissioners emphasized the difficulty of the decision. Michael Dux said, “The number one comment I was told (by constituents) was, ‘I’m sure glad I’m not one of you three.’ And this is a tough, tough decision. I think all three of us lost some sleep on it.”Commissioner Mark Schoenrock said, “We recognize that there are very strong feelings on both sides of this issue. This issue has the potential to be very divisive for our county. Unfortunately, the three of us are already aware that this issue has divided neighbors, its divided friends, its divided families. Please do not let that happen. We are friends and neighbors and we’re privileged to live in this beautiful county in southeast Nebraska. Like many of you here, family roots in Jefferson County of us three commissioners go very deep.”

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