Conversation held regarding solar field zoning regulations

YORK – A conversation was held this past week by the members of the York County Board regarding the much awaited, highly controversial solar field zoning regulations.

​It’s been a long process.
York County Commissioner Chairman Randy Obermier noted how the first conversation, about this topic, held on the county level, was in April of 2022. He also noted all the changes in the county board membership since then.
“This isn’t an excuse for the length of time or why it’s taking so long, but these changes have certainly happened,” he said.
Kurt Bulgrin was a commissioner when the topic started – he eventually became the county assessor and had to be replaced on the county board. Tragically, Commissioners Woody Ziegler and Stan Boehr passed away while in office. Commissioner Jack Sikes didn’t seek reelection. New members of the board in the last year have been LeRoy Ott, Andy Bowman and Joe Burgess.
Obermier also noted how there have been three different zoning administrators in York County over that time period as well.
“And the membership on the county’s planning and zoning board has completely changed since then, with Aaron Kavon being the only member who served that entire time,” Obermier said. “There are all new members now, since that very first meeting, other than him.”
He noted how the commissioners wouldn’t be taking any action this week, as they already knew Commissioner LeRoy Ott was not going to be able to be present.
“What we have before us are the currently proposed regulations we sent to the planning committee and they sent back to us,” Obermier continued. “We also have recommendations from Marvin Consulting. I know at our next meeting, we will have all the board members present and I think it’s time to get things done.”
Obermier asked the other board members to give their opinions on the matter.
Commissioner Burgess said, “I think the current proposed regulations are not exactly what I’d want them to be. We should be trying to address concerns but not get in the way of what people want to do with their land. Where I’m at, I’d like to see some specific changes. I think the half-mile setbacks – those I disagree with. I’m not sure why you’d need bigger setbacks for Class 4 solar fields. I think you could keep the same setbacks as proposed for Class 3 projects. I don’t know why we’d need such huge setbacks there. Some of these setbacks seem a little arbitrary to me, I just don’t see good reason for a ½ mile on those.”
“My issue with acting on this is the near future is that we hired a consultant to work on the comprehensive plan and that process is underway so why would we jump to a decision before we find out what the constituents want in our comprehensive plan?” said Commissioner Bowman. “To vote on this before that seems silly. I think we need to see that through before taking the next steps.”
“The Marvin consultants said we could do what we decide and they were aware we could be doing the zoning first,” Obermier added. “Would you prefer doing any changing to the proposed regulations?”
“I believe we need the information from the survey and the townhalls first,” Bowman said. “But if you put my feet to the fire right now, I’ll vote to go with the planning and zoning board’s recommendations all the way through.”
“There have been two public meetings, we asked for the planning and zoning board’s recommendation and they sent it back to us with their approval in a sense,” said Commissioner Daniel Grotz. “If we had a vote today, I’d vote to approve them as they sit, due to the process it’s gone through.”
“There are recommendations from Marvin Consulting we should maybe consider,” Grotz added. “We know there’s been litigation in Nebraska with renewable energy zoning and last week there was a ruling which appears to have sided heavily with the county. I know Nate (Heinz, zoning administrator) is going through that ruling and will give us his opinion on that soon.”
“It’s certainly a document that’s being well read across Nebraska, I’m sure,” Obermier said. “We also need to remember recommendations are what they are, we still have a decision to make. The consultants, the zoning administrator, the planning commission, they all give us recommendations which we want but we don’t have to follow their recommendations down to every word.
“I continue to disagree with the setbacks and I believe all property owners have rights,” Obermier continued. “There has been some good conversation on batteries and conditional use permits will address that so we do have that power on the back side. Some Marvin Consulting recommendations we really need to look at as well. Does all this mean that on April 1 we will make a decision? No, but Marvin Consulting knew we might want do this zoning first if we chose and they are fine with that. We have been working on this for three years and I think we need to get it finished. This is what’s in front of us right now.”