County Commissioners To Hold
Hearing On Wind Farm Regs

By Gordon HopkinsJefferson County Commissioners will be meeting on Tuesday, March 1, to finalize proposed changes to wind farm regulations. A hearing will be held that day to allow for public input.Last year, commissioners voted unanimously to institute a six-month moratorium on wind farm applications, feeling it was necessary to review and possibly revise the policies that govern the placing of wind turbines within the county, due in large part to changing technology. Commissioners have expressed that, while the new regulations should protect non-participating landowners, they should not be so stringent as to make new wind turbines prohibitive for those who do wish to participate. A series of meetings was held by the county Planning and Zoning Committee, open to the public, to make recommendations on several factors, including noise limits, shadow flicker, decommissioning and setbacks. On Thursday, February 10, the committee approved its final recommendations.Not everyone was satisfied with the final results. David Levy, attorney for Baird Holm, which represents NextEra Energy, the company behind the Steele Flats Wind Farm in Steele City, spoke to commissioners on February 15, “I just wanted to kind of check in after Thursday night’s planning committee votes. You know, I think with one exception, went as we hoped. I think you’re aware of the one exception.” That one exception is the setbacks. Previous regulations for setbacks required a wind turbine to be at least one and one-tenth (1.1) times the height of the total system from any property line of non-participating property owners. At a meeting on Thursday, January 6, the committee voted to change the setback to three times the height of the total system from any occupied primary residence of a non-participating property owner, measured from an exterior wall of the occupied primary residence.However, at the final meeting, the committee voted to change the setbacks to five times the height of the structure, which is estimated to be at least half a mile, depending on the height of the turbine. “We just don’t think there’s a basis really in the public health, safety and welfare to impact property owners with a five times setback,” Levy told the commissioners. “I can tell you what would make it significantly more difficult to site a wind farm economically in Jefferson County, or any county.”County Attorney Joseph Casson was also at the meeting. He explained, “The thing we have to remember, we have public hearings to give the public the opportunity to comment on what proposed changes or regulations are being considered. And after the public has an opportunity to comment on what we’re proposing, then you can act on what information you get. And if through the hearing you’ve received information which causes you to change whatever the initial proposal is, then you can do that.” “Now, what went sideways here is, after they proposed a regulation, got the public’s input, then they changed what they were going to consider because this five times thing has never been discussed at a public hearing, the public have the opportunity to to comment on it. So that was a little irregular,” said, Casson. “My take on the rest of all the other changes. Everybody seems to be on board and happy with everything else. This was the only fly in the ointment.” When asked about possible tax revenue from future wind farms, Levy said, “So a rule of thumb that we use is that a megawatt of wind installed pays about $6,000 per year of property tax revenue. So NextEra is talking about a project, or contemplating a project, of at least 300 megawatts of nameplate capacity. So that would be $1.8 million a year in new tax revenue over the life of the project, which we estimate at 30 years.” Nameplate capacity tax is a substitute for tax on personal property.Levy added, “Just like any other property tax in Nebraska, two thirds roughly goes to the schools. And it goes to the schools, literally where the turbines are located. I was just looking over the weekend at the map, you’ve got Diller Odell that would benefit, Fairbury would benefit, Tri County would benefit.”Commissioner Mark Schoenrock asked the County Attorney, “So per the statute, the County Board has the authority to either approve or deny or to modify the recommendation from the Zoning Committee?”Casson confirmed that was the case, although he noted members of the Planning and Zoning Committee do not agree, “And that’s the argument we’ve had in the past as to whether or not, since you’re the final arbitrator of that regulation, whether you could make changes. And in the past we’ve done that, to the chagrin of the Planning Commission.”

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