Turbine ordinance amendments proposed

With almost a year since the last public hearing regarding wind turbines, the Clarke County Board of Supervisors will be holding a hearing for proposed ordinance amendments brought forth by Planning & Zoning; a public hearing is set for 6:30 p.m. Tuesday, Aug. 5 in the Clarke County courtroom.

The proposed ordinance amendments include a change in setback requirements, a new road-use agreement and the requirement of proof of engagement with military aviation and installation assurance siting clearance house.

Tuesday’s meeting will be the fifth public meeting to occur for turbines since August of 2023. On Sept. 9 of last year, the supervisors approved a variety proposed amendments to the county ordinance. At that time, the key changes included an increased setback, modified height restrictions, a new road use agreement, revised permitting process and increased decommissioning requirements.

The county ordinance concerning wind turbines can be found in section 23 of ordinances, “Wind Energy Conversion Systems (WECS) Regulations.” The ordinance defines WECS as, “... equal to or greater than one hundred kilowatts in total nameplate generating capacity.” A WECS under one hundred kilowatts is considered non-commercial.

Setbacks

Last year’s amendments to setback requirements changed commercial WECS to 2,000-feet or 1.5 times the height, whichever is greater, from property lines and neighboring dwellings; a waiver would have to be signed by any adjoining landowner for a decrease in the setbacks. No neighboring dwelling could be constructed within 1,200 feet of a commercial WECS, unless a release of liability is given by the WECS.

Now, the amendment looks to increase the setback to 2,640 feet (one-half mile) or 1.5 times the height, whichever is greater, for both property lines and neighboring dwellings.

A setback for road and other right-of-ways (such as railroads and utilities) including any future planned or expanded right-of-ways was amended in 2024 to 2,000 feet or 1.5 times the height, whichever is greater. The proposed amendment will reduce the setback to 1,000 feet or 1.5 times the height, whichever is greater.

There are no proposed changes in setbacks to public lands, wetlands, other structures or other existing WECS. No WECS are allowed within two miles of city limits.

Road use agreement

Clarke County Engineer Justin Savage has updated the road use agreement that was worked on by former engineer David Carroll.

The agreement includes who is responsible for the maintenance, repairs and reconstruction of secondary road systems. The wind farm company and contractors will be responsible for maintaining the unpaved roads within the wind farm boundary, with the roads maintained to a standard applicable by county standards as determined by secondary roads.

All restorations shall be completed within six months of the final wind turbine generator component delivery (except in certain instances) where the county may extend that time frame.

The county engineer would approve the road use agreements.

An executed road use, maintenance and repair agreement will be required between the developer of a commercial WECS and Clarke County before the use of any special use permit for a WECS project. The developer will be responsible for initiating the process no less than 45 days before any significant on-site construction activities.

An agreement must be in a form that is acceptable to the Clarke County Attorney.

Proof of engagement

The current ordinance requires a Federal Aviation Administration permit application to be completed. Now, an additional provision of engagement with the Department of Defense Military Aviation and Installation Assurance Siting Clearance House will be required.

According to the DOD’s website, www.dodclearinghouse.osd.mil/Project-Review/-Informal-Review/, the informal review is,

“The informal review process is a voluntary process that is initiated by the project developer at any point prior to filing with the [FAA]. The Clearinghouse strongly encourages all energy developers to seek informal reviews as early as possible to identify potential incompatibility. The Clearinghouse can review a potential project at any stage of planning, using specific site or general area data depending on the level of planning detail available. Early engagement prevents costly future delays in the formal review process.

“The informal review process provides a timely, transparent and science-based analysis of potential project impacts, alerting project developers and federal agencies to concerns before entering the formal FAA review process. If concerns are identified, the Clearinghouse works with industry partners to mitigate the issues, if possible, overcoming risks to national security while promoting compatible domestic energy development.”

Other proposed amendments

• Under design requirements section of the ordinance, a subsection of safety design standards to limit climbing access has been added.

• Financial surety will be required after the eighth year instead of year 15, which will be an amount equal to the net cost for decommissioning the site, plus a 15% contingency. This is to assure that if the WECS owner goes bankrupt, there will be money to pay for the decommissioning. The decommissioning must also be reassessed every five years and the financial surety updated to match.

• Beginning in year eight, all WECS will have financial surety for five years of estimated future property tax liability; property tax shall be the responsibility of the land owner should the tower be abandoned by the last entity with ownership.

• The applicant shall minimize or mitigate interference with electromagnetic communications that may be caused by WECS. All communication tower operators within two miles of an WECS will be notified by WECS applicant upon application for county permits. No WECS shall be constructed to interfere with county or Iowa Department of Transportation microwaves.

• A minimum of every 24 months, every WECS shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or construction of towers.

Comments and additional information

A complete text of the proposed amendments are available for the public during the regular business hours at the Clarke County Zoning Office.

A copy of the road-use agreement is available during regular business hours at the Clarke County Engineer’s office.

The public is encouraged to attend the public hearing, where they may voice their comments. Public comment will be limited to two minutes per person.

Written comments may be submitted to Zoning Administrator Rob McCaulley until 4:30 p.m. Aug. 5 by mail, 109 S. Main St., Osceola, or via email, rmccaulley@clarkecountyiowa.org.

Prior meetings have generated the overwhelming consensus from those in attendance that there should be no wind turbines allowed in the county citing them as eyesores, health hazards, hazardous to birds and the landscape, and concerns about decreased property values for those who might live next to a wind farm have been voiced.

The moratorium on the construction of wind turbines in the unincorporated areas of Clarke County, which has been in place since June 12, 2023, is still in effect.

There are currently temporary moratoriums in place for the construction of solar farms and data centers in the unincorporated areas of Clarke County.

2024 approved amendments

• Design requirements for impacts on public infrastructure such as county roads, bridges, highways, etc., caused by the construction, maintenance or removal of any WECS will be reimbursed to the affected local government. Any damages to any haul routes will be paid within 45 days.

• Max tower height of 700-feet. The lights on a tower will operate when an aircraft is close.

• Revised permitting process, including additional public input opportunities. The permit fees for wind towers are $2500.

• Requirements regarding the discontinuation and decommissioning of commercial WECS to include the applicant for a WECS to submit a plan to the zoning administrator for review. The plan will include a description of the life of the WECS, how the project will be decommissioned, site and land restoration and estimated costs of decommissioning at the current value at the site as determined by a licensed engineer.

• Any WECS that has not been in operation and producing electricity for at least 180 consecutive days, barring a natural catastrophic event, shall be decommissioned. Once notified by the zoning director, the owner has 270 days to either submit proof of operation of the WECS, or that it has been fully decommissioned.

• A limit of 400 acres total for wind farms in Clarke County.