Second wind hearing scheduled

After taking a little over a month to review comments made at an Aug. 5 public hearing, the Clarke County Board of Supervisors are ready to proceed with the second reading of proposed amendments to the county’s wind energy ordinance, which will be held at 10 a.m. on Wednesday, Sept. 17. The newest changes to the ordinance include clarifying what controls a setback from road right of ways, including county-owned land in the subsection on public lands and clarifying waivers signed by adjoining landowners.

The ordinance, which can be found in Section 23, “Wind Energy Conversion Systems Regulations,” has been worked on by the county’s planning and zoning board over the past two years. August’s meeting provided the opportunity for citizens to give feedback and comment on proposed amendments, which included an increase in setback requirements for WECS, a new road-use agreement and proof of engagement with military aviation and installation assurance siting clearance house. After over two dozen people spoke - mostly in regards to turbines as opposed to the proposed amendments - the supervisors decided to table any further action to take time to review comments.

Setbacks

At the August meeting, a question was asked about which setback takes precedence - adjoining landowners or road right of ways. The most recent amendment increased the setbacks from 2,000 feet or 1.5 times the height, whichever is greater, for both property lines and neighboring dwellings to 2,640 feet or 1.5 times the height, whichever is greater. From the road right of ways, the setback is set at 1,000 feet or 1.5 times the height, whichever is great.

An addition to subsection 23.4.3(d) clarifies that a “private property setback is controlling over the road and other right of way setback(s).” In the event of two adjoining landowners across a public right of ways, the larger of the two setbacks will be the controlling factor, unless an executed waiver is recorded.

Public lands

The definition for public lands had been an area of concern for Clarke County Conservation Director Scott Kent, as voiced at more than one meeting.

“...for the definition of public conservation lands, [it] protects state and federal but no mention of Clarke County, any county lands. So I think that needs to be added into this to protect our county lands,” Kent said at the August meeting.

The ordinance currently defines public conservation lands as, “land owned in fee title by State or Federal agencies and managed specifically for conservation purposes, including but not limited to State Wildlife Management Areas, State Parks, State Scientific and Natural Areas, Federal Wildlife Refuges and Waterfowl Production Areas… public conservation lands will also include lands owned in fee title by non-profit conservation organizations. Public conservation lands do not include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations.”

The proposed amendment adds the word “county” ahead of “state or federal” in the definition. The setback for WECS from public lands is two miles.

Waivers

A person who wishes to have a WECS on their property may be able to reduce the setback requirements if adjoining landowners sign a waiver. A question was raised at the August public meeting as to how the county plans to regulate signed waivers, if those waivers should be a matter of public record and how they would be handled if a person who originally signed a waiver moved.

A clarification has been added to 23.4.3(a), which states that a valid, executed waiver must be on file with the Clarke County Recorder’s Office. The waiver will be as an easement and covenant that runs with the land and would transfer to a new owner.

A waiver must be executed for each parcel of land subject to a waiver in order to determine the dominant and subservient estates - the property being accessed and the property with an easement. For a landowner who owns more than one parcel next to one another and wants to have a wind tower put up, they must sign a waiver for each adjoining parcel, should the distance be less than the setbacks. That waiver would then stay in place in the event a parcel is sold.

Meeting and comments

The public is invited to provide input on the proposed ordinance amendments and may do so during the public meeting, submit written comments to Clarke County Zoning Administrator Rob McCaulley at 109 S. Main St., Osceola or via email at rmccaulley@clarkecountyiowa.org; written and emailed comments will be accepted until 4:30 p.m. Sept. 16.

A complete text of the proposed amendments is available at the Clarke County Zoning office, 109 S. Main St., during regular business hours. McCaulley’s office may be reached at (641) 223-8299.