Gage County Supervisors Vote on Solar Energy Regulations

By Gordon HopkinsOn May 31, 2023, the Gage County Board of Supervisors held a final vote on solar regulations. A moratorium on solar energy construction in Gage County has been in place while the Planning and Zoning (P&Z) Committee reviewed regulations. P&Z sent recommendations to the supervisors.Much of the debate focused on finding a balance between protecting the rights of both participating and non-participating landowners. Concern was expressed by some in attendance at the meeting that the setbacks could be so onerous as to discourage solar energy installations.“I'm not an overly big fan of green energy,” said Supervisor Gary Lytle. “But I think we have to be open to the idea. And I don't want to see us legislate solar energy out of this county the same way we did wind energy. And I think that when you look at doing some of this stuff, that is exactly what we're looking at doing.”County Supervisor Don Schuller released a statement after the vote, “Board members gave much consideration and thought to reducing some of the proposed setbacks. I made the motion to establish all commercial setbacks at 500 feet from a non-participating residence and 200 feet from a property line, leaving the setbacks for churches, schools, Homestead National Monument, etc. as amended. This would make our regulations still more restrictive than other Nebraska counties. The motion was seconded, but failed with a 1 to 6 vote.”Schuller wrote, “The majority of the board believes the approved regulations will leave the door open to solar industry. Ultimately, I voted in favor of the solar regulations because I trust in the other supervisors’ judgment on this.”The new regulations would cover four classes of solar installations, smaller residential projects, and three classes of commercial operations.Supervisor Emily Haxby said she was concerned about giving an exemption to industrial projects to have solar project site with an off-site solar facility that has no limit of distance from the industrial site or the size of the solar site, making it possible for them to put a solar site anywhere in this county and they have an exemption from setbacks and that’s a concern. Haxby had made a motion that the facilities becontiguous but that motion failed.According to Supervisor Dave Swavely, identifying the facility as industrial makes a difference as to where it can be placed. Supervisor Terry Jurgens added that it would require a Special Use Permit for an industrial project site and it would have to go through the Board so it could be addressed at that time.Earlier this year, Norris Public Power District (Norris) and Today’s Power, Inc. (TPI) broke ground for six new solar sites. The six solar sites, of up to ten acres each, will be located in five of the six counties the District serves, including two in Gage County. It is unknown at this time how the new regulations will impact the Norris/TPI projects. Bruce Vitosh, General Manager and CEO of Norris, told FJN, “Construction on solar sites in each of the counties will not begin until permits are obtained by the solar developer. An application for a permit in Gage County will not occur until after the Gage County Board of Supervisors approve solar array zoning regulations.”

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