Solar Energy InSoutheast Nebraska

By Gordon HopkinsWith both Jefferson and Gage counties having set strict new regulations for commercial wind energy, the conversation is now turning to solar energy.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. Seward, Saline, Thayer and Lancaster counties will also have sites. Only Jefferson County is not included.Jefferson CountyJefferson County Commissioners spoke with Zoning Administrator John McKee at a meeting of on Tuesday, April 4, 2023. Commissioner Mark Schoenrock asked, “Gage County has had some interest in solar. Now have you heard of any interest here in Jefferson County on solar?”McKee responded, “A little talk on the street but nothing in my office of anybody that’s made application or even looking at anywhere at this point.“We’ve had a lot of residential ones that have put on farm sites and that are put on top of buildings sheds homes, which we do require a permit for that,” added McKee. “But nothing commercial.”The county will be looking at proposals for a comprehensive planning and zoning regulations update.“I guess I want to make sure that the public understands that we have to do this every 10 years,” explained McKee. “To make sure everything is up to par and as meeting the statutes requirements that are out there.”McKee added, “And I don’t foresee doing any major changes to anything in the regulations except bringing things up to speed.”When Jefferson County Commissioners were contacted by members of the public with concerns about regulations governing commercial wind turbines, commissioners enacted a moratorium that lasted a year-and-a-half.When asked if they had heard any concerns from the public about commercial solar regulations, they said no. Commissioner Gale Pohlmann said, “I haven’t heard anything yet on the solar regulations. I’m sure if we start getting any requests to build small solar farms, etc., that will trigger some concerns and comments.”Gage CountyThere is currently a moratorium on solar energy construction in Gage County. The Planning and Zoning (P&Z) Committee have reviewed the regulations and sent recommendations to Gage County Supervisors with a vote of six to zero, with one member absent.If approved, these new regulations would cover four classes of solar installations, smaller residential projects, and three classes of commercial operations. There was, however, disagreement on regulations for a fourth class of commercial zoning. With a three-to-three deadlock, the committee voted to send the matter to the supervisors without a recommendation.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.”Public HearingOn Wednesday, April 5, 2023, a public hearing was held, with approximately 20 members of the public in attendance and eight people speaking.Among the concerns raised by members of the public were hazardous chemicals contained in the solar panels, such as cadmium. However, supervisor David Swavely pointed out, “Cadmium is in every piece of steel that’s around.”Another issue raised was fire. A fire at a solar installation would not be handled the same as other types of fires. Rural Dewitt resident Deb Kai, who works for Nebraska Emergency Management, would like to see commercial solar facilities pay for specialized training, “I wanted to see in these regulations a provision that the companies that are installing these solar panels, would have training funds available for all the fire departments.”However, Norris Public Power Engineer Jerry Enns indicated Norris does not want local firefighters putting out fires at solar facilities or substations. Instead, he prefers that trained Norris personnel will extinguish fires at these facilities and local fire departments only protect the property around these facilities.SetbacksSupervisor Don Schuller believes the proposed setbacks are too restrictive. He spoke at a meeting of the Gage County P&Z the evening of March 13, “The setbacks given in the proposed zoning regulations for commercial solar are unnecessarily large. There are no health and safety reasons for going beyond a 1/8th of a mile or 660 feet. Center of Rural Affairs recommends 200 feet. Going more is unnecessarily restricting private land owner rights.”Schuller called the proposed setbacks “government overreach.”Schuller said, “These setbacks will restrict development of solar out of the entire county. There are areas in this county that would welcome solar development. Economic development is needed. Gage County spends a lot of money and time to bring economic development into the county. These regulations are a giant step backwards. We don’t have a corner on the market when it comes to land. Solar companies will go someplace else.”Next StepsNo action was taken after the hearing was closed and there was no indicated when a final decision could be made.“I doubt we’re ready in two weeks for any action on this, either,” said Supervisor Erich Tieman. “I’m guessing this will be something we keep mulling over for a little while, just as P&Z did.”

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