County May Extend Moratorium On Solar Energy Permits

By Gordon HopkinsA six-month moratorium on new Commercial Solar Energy Conversion Systems applications instituted earlier this year by Jefferson County Commissioners may have to be extended, as it is unlikely the review of zoning regulations will be completed within that time frame.The moratorium was approved by commissioners on Tuesday, February 11, 2025, for the purpose of reviewing and revising regulations governing solar farms in the County. Reasons for the MoratoriumIn January of this year, Lancaster County Commissioners unanimously approved the special use permits for a proposed 2,400 acre solar farm, the Panama Energy Center, just east of Hallam. Debate leading up to approval was extremely contentious.The Panama Energy Center is being built by NextEra Energy Resources, the same company that owns and operates the Steele Flats Wind Farm in Jefferson County.Commissioners therefore opted for the moratorium while zoning regulations were reviewed. At the commissioners meeting in February, Schoenrock cited three main areas of concern not addressed by current zoning regulations, “We don’t really address setbacks from non participating residences, we don’t have a lot in there about decommissioning plan and we don’t address a road use plan.” Opposition to the MoratoriumThe vote to approve the moratorium was not unanimous. Commissioners Mark Schoenrock and Danielle Schwab both voted for the moratorium, while Commissioner Michael Dux opposed it. Dux said he has spoken to planning and zoning committee members, who pointed out solar regulations have previously been addressed, “We thought we’re good where we’re at, and so do they really want to rehash this again?”Dux also noted, “Is it going to stir up controversy in the community again, just like the windmills, pitting neighbor against neighbor?”Former Commissioner Gale Pohlmann attended the meeting to express his concerns, “I’m wondering if this is going to send the wrong message to the solar farm developers. You know, we need new industry here in the county. Manufacturing. New manufacturing is probably not too likely, because our neighbors to the east and to the west have a four lane highway going north and south, and we don’t we dont. We regulated the wind farm industry out of the county, so I’m hoping that we don’t do the same thing with solar. Two thirds of our county valuation is ag related. It’s cyclical, and we have probably reached the peak for now, and probably over the next few years, are going to be trending lower.”Pohlmann added, “Finally, just a disclaimer. I have not been approached on a solar farm. My concerns are truly for the benefit of the county and for farmers that have suffered crop losses the last few years and could use this as a way to guarantee some income instability for their families. We have areas in western part of the county, the topography is probably as good as any anything for those areas, because they do like a fairly flat area to put these solar farms on.”Also speaking in opposition was former zoning board member Bruce Weise, “The zoning board has been over these regs three times in the last six to seven years. It went across your board. You had the option to modify them at any time.” In September of 2001, County Commissioners voted for a six-month moratorium on wind turbine permits. The moratorium ended up lasting more than a year. Weise was worried something similar could happen with the solar moratorium, “You’re wanting to push this out two to three years. What you’re doing is just a delay tactic.”Weise served on the zoning board when wind regulations were under review and he brought up the issue of decommissioning, which has also been an issue during the wind farm debates, “If you’re going to put decommissioning regs on certain things, you better put them on everything in the county, not just pick and choose.”While there are no current applications for any industrial solar energy in the county, Gerald Schmidt noted, “I know there’s an entity that’s out there talking to farmers whether they might be interested.”Why the Moratorium May Need to Be ExtendedMarvin Planning Consultants, headquartered in David City, is updating the county’s Comprehensive Plan. The current Comprehensive Plan was completed in 2001 and was last updated for a 10-year planning period, from 2013 to 2023.Jefferson County Zoning Administrator John McKee provided an update to commissioner at the meeting on Tuesday, April 8, “They (Marvin Planning) have agreed to help us with the the solar plans.”“We have not met with the planning commission,” said McKee. “We’re probably going to look at meeting sometime here soon.” When asked if the review would be completed in the six-month time frame, McKee said, “I don’t see that it will be done in that time, but we’ll see what we can do.”Dux said, “I know there was some concern here that we keep kicking things down the road.”McKee responded, “Jefferson County is not kicking things down the road. It is a process. Even if you have to extend it, it’s because that process is taking a little bit longer to complete. I don’t see it as kicking it down the road.”

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