Solar debate spurs passionate comments from York County residents

​YORK – This week’s solar zoning debate spurred many passionate comments from York County residents as the county commissioners were tasked with creating solar zoning regulations. 

A public hearing was held Monday night and more public comment was heard Tuesday morning before the county board took a vote, ultimately deciding (with a split vote) to create regulations that include half-mile setbacks for non-participating residences, churches and schools.
During both Monday night’s public hearing and the regular meeting Tuesday morning, Commissioner Chairman Daniel Grotz acknowledged this has been a very long process, “with passions high on both sides. Please continue to be on topic and respectful.”
Each speaker was given a three-minute window of time to make their comments.
And each speaker took the opportunity to express how they felt about solar projects, zoning options and more . . . prior to the decision being made by the commissioners.
One of the landowners who signed on to allow his land to be used for a proposed large industrial solar project in the rural McCool area told the commissioners, “I don’t like controversy, that’s why I have only attended a few meetings. We signed up to help boost our income, that’s why we did it. I still feel it is a good way to boost our income. Having said that, I’m disgusted with the mudslinging that’s been directed at us landowners (who have signed up their land for the OPPD project). I’ve never told a neighbor what they can do with their land. I understand there needs to be common sense zoning regulations but the ½-mile setback is excessive. This land is mine, I have worked hard there, I’ve paid taxes, it’s mine and I feel these excessive setbacks are taking away my rights.”
Kathy Peters of Henderson said, “We have concerns about the destruction of prime farmland in Hays Township. There are concerns about this land becoming a wasteland of solar panels. We hope you will give us help in keeping agriculture alive.”
A rural Bradshaw resident said “this is about all of York County. I don’t want rural properties destroyed by this. York County land will be utilized much longer for food production than ruining the land with solar panels.”
Kim Regier said he had concerns about radiating heat from solar projects and how they could affect neighboring properties.
Bruce Regier told the county board and zoning board, “I have been told in any conflict, truth is the first casualty. This is all about the money. The zoning regulations you are proposing are not excessive, they are protective. The strongest setbacks possible are needed. They are not a ban on solar development. OPPD made a poor decision trying to locate this type of a project in York County.”
Chuck Byers of McCool said, “Commissioner (Joe) Burgess basically called me a liar when I talked earlier about heat transfers, despite my 50 years of career experience. Heat damages crops and animals in those areas. Commissioner Burgess didn’t want to believe the two farmers on the board who have real world experience. Remember, you don’t work for yourselves, you work for the voters of York County. The people have voted and expect you to abide by what they want.”
JC Todd of York addressed the board, saying, “This is about solar regulations but at the core of it all it’s about land. Generational farms are the backbone of the county and strong setbacks are essential. Industrial solar farms change Nebraska agriculture. This is not about opposing energy, it’s about balance. The decisions you make will shape York County for generations. We ask you to defend our land, our landowners and our way of life.”
Diana Johnson of Henderson talked about growing up on a York County farm. “I believe in preserving our farmland.”
Caleb Jackson said he strongly supported the proposed zoning regulations with longer setbacks. “I will be the seventh generation landowner with our family farm. When farmers have a good year, York County has a good year. Everyone feels it. I urge the board to vote in favor of the half-mile setbacks.
Julie Wellman of Waco said she felt a “solar city hit by a tornado or hail can never be cleaned up. Do what is right – ban solar projects in York County forever.”
Kendra Johnson of rural McCool asked for the commissioners to pass the half-mile setbacks. She also addressed Commissioner Joe Burgess, saying she had watched the video of the last public testimony on the matter “and I was shocked by the way, Joe, you treated me and others, I urge you to try kindness.”
Willard Peterson of Bradshaw said, “It seems to me like a lot of people’s testimony has been based on emotion and fear, I’ve seen an awful lot of that. People came here tonight because they want to protect their property. Good regulations begin with ideas and then measuring impact and then logical ways of thinking about it. Leadership requires lowering the temperature.”
Jim Jackson of Hays Township talked about being buried in a cemetery, someday, where his ancestors are buried. He also talked about being a veteran and people being worried about their property rights. “I think it’s a big mistake to allow solar in here.”
Bill Dunavan of rural York County said he felt “OPPD should return their solar experiment to their own large trade territory.”
Grant Jackson of rural McCool Junction said, “I want to thank the zoning board for supporting agriculture. If it is industrial, it shouldn’t be in the agricultural area. I understand why people signed up for this project and I have no ill will against them, but outside companies shouldn’t come in and tell York County what zoning regulations to have.”
McCool Village Board Chairman Sandra Browitt said she is concerned about the protecting their water, “that’s a big concern for me. You don’t know, OPPD doesn’t know, what this could do to our water. Our wellhead protection area is west of town – put it somewhere where it doesn’t ruin our water.”
Duane Grotz of rural York County told the commissioners he was ashamed of them for not following the recommendation of the county’s zoning and planning commission. “We are the largest corn producing county in the state, we can’t give up our great producing land. You should ban solar, just ban it.” Grotz’s comments brought applause from the large crowd.
OPPD representatives told the county board the half-mile setbacks would create no-build zones and “conflict with your own comprehensive plan. These regulations are without a rational basis, they are unreasonable. The consequences of these regulations are substantial and deny the rights of landowners. You effectively closing your doors (to large solar projects) as these regulations prohibit it.”
Dan Adams of York thanked the zoning board and said he agreed “with Mr. Grotz about protecting our farmland. To OPPD, this is not responsible development – it needs to be on non-producing land and there is plenty of non-productive land around Omaha. Why would you come 100 miles west of your customer base?”
Rodney Grotz of rural York County told the commissioners, “This is about the residents of York County. You represent them, they are who you need to listen to – not the thinly veiled threats of litigation from OPPD. These regulations don’t ban solar, I would love to see you put these setbacks in place. And then other companies, too, will know York County won’t back down.”
Vaughn Kirkpatrick said, “OPPD didn’t get what they wanted so they pulled a slick trick – when they cut and run, will our dump be big enough to hold everything they leave behind?”
Chris Ziegler said he felt the “zoning board didn’t its job. We have to protect the acreage owners who didn’t buy their properties with solar applications all around them.”
“To the people in York County who think you don’t have a dog in the fight, you do,” Ray White of McCool said. “These solar panels are subsidized and that money comes from taxes – that’s your dog in the fight. And I don’t like the idea of Chinese material sitting on productive farmland.”
Darren Grotz of rural York County talked about being a fifth generation farmer here. “It’s a family farm. And tonight, five people can end the family farm. Do you want to do that? If you do, then make OPPD rent the whole county and we will all get out of here. Do the right thing and ban solar.”
The Monday night hearing closed and then the room filled again the very next morning, as the county commissioners began their regular meeting with a public forum, ahead of the vote on solar regulations.
Chuck Byers again addressed the board. “You know why we are here. You have to make a decision today. We know how everyone will vote and it all comes down to Deb (Commissioner Robertson). Deb, even though you are a Democrat, you need to listen to your constituents. You guys need to vote for the people you work for. Randy (Commissioner Obermier), last night you implied that people in favor of solar projects are afraid to come here because we are a bunch of evil people. Those people in favor of solar projects have the right be here too and they can or they can submit written testimony in favor if they want. We are all here to put it in the record.”
A man (whose name was not heard by this reporter) talked about how he and his family moved to his wife’s family homestead six years ago. “And soon after, we started hearing about this secret project. We are a non-participating dwelling and no one, not OPPD or anyone, has ever talked to us about this project. And Commissioner Obermier, you walked about people who are in support of this project are uncomfortable about coming here to talk about it. Well, I’m uncomfortable too. Solar needs to be on roofs, not on prime cropland. This is emotional for many of us. We moved there to be surrounded by crop land, not a solar field.”
“I’ve plenty of time and opportunities to say my peace about this over the last four years,” Ken Real of rural York County said. “Last night, one of the OPPD catch phrases was about property rights. As a livestock producer, we can’t just do what we want, we have to abide by zoning regulations.”
JC Todd of rural York County asked for a show of hands in the room, as to who is for solar projects in York County and who is against. All of the attendees, with the exception of three, said they were against, as indicated by the show of hands. No county officials participated in the exercise.
Grant Jackson of rural McCool Junction told the commissioners, “I challenge you to find another place in York County where there are so many young families like there are in Hays Township. I want to thank my parents and my aunt and uncle as they have put so much effort into trying save Hays Township.”
Leo Epp of rural Henderson talked about being a farmer in a “great place with a great water source with our aquifer. They want to shut down reliable energy and build a stupid solar city out by McCool. I don’t trust any of these companies, they will lie and cheat, they are after our water as well as our land. You need to ban solar cities in York County.”
Willard Peterson told the board, “when we said the Pledge of Allegiance, we said ‘liberty and justice for all,’ well, that’s even for the people who have a difference of opinion. Your job is to make some kind of rules and rise above the noise on both sides.”
Amy Pohl of rural York County talked about the people who have built this county, “well, the morals and values here haven’t changed. They worked hard to protect our land and water – the core family farm values haven’t changed. If we don’t fight, we will lose our farms to big tech companies. I’m asking from the heart – we can be emotional because this is about our families’ legacy. They didn’t work that hard to have it all taken over by the solar industry.”
Dustin Marvel, representing OPPD, said he estimated there have been 10-15 letters of support, on the record, for solar projects in York County. “And the regulations are about countywide regulations. We are at a crossroads, growth has become politicized. We have worked to be open to the conversation. The half-mile setbacks do not align to standardized zoning – if you zone out projects, I encourage you to think about this, because right now, you are just preventing it.”
Duane Grotz responded, saying “I just heard there are 10-15 people in favor of this solar project, well there are a lot more of us who aren’t. I couldn’t agree with Amy (Pohl) more, the land means a lot to us, we care for it. And when you think about your zoning board, you appointed five men who have years of experience who recommended the half-mile setbacks. They explained to you what should happen. You are a young board and they have a lot of wisdom. Follow their advice. You are here to represent us, not OPPD. Please be careful how you vote and protect us.”
Connie Hall talked about how she was one of the original people to sign up for the solar project by McCool, “and if I knew then what I know now, I wouldn’t have. EDF and OPPD have gone about this in the wrong way, we need to stand up for agriculture.”
Kim Regier addressed “comments made about how pro-solar people are afraid to walk in here. Well, they have OPPD here fighting for them every single week, their mouthpieces are sitting right there. You five are the county’s council, you need to keep in mind the rural residence and look out for them.”
Diana Johnson said “one county commissioner thinks he is above everyone, his behavior is abysmal and shows little respect for other county board members and for us. Do they no longer teach respect in high school and college? Apparently not.”
Editor’s note: The next installment will be regarding the county commissioners’ conversation as they make the final vote to set zoning regulations for solar projects in York County.


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