York County Press Release
YORK COUNTY – It was a packed house this week when the York County Commissioners held the long-awaited public hearing regarding solar project zoning regulations.
There are many pages of proposed regulations – but the biggest point of contention is the proposed level of setbacks for certain sizes of solar projects, particularly for the Class 4 large commercial projects.
As the proposed regulations are written, the setback for large projects is a half-mile from non-participating properties. Some call the setback too extreme, while others say it’s necessary to protect existing landowners who are not in favor of solar projects in their area. Some suggest the measure should be 660 feet, calling it “reasonable,” while others say it’s not nearly enough to protect their way of rural life.
Omaha Public Power District (OPPD) representatives say the proposed half-mile setbacks could prevent them from pursuing the development of a 2,800-acre solar facility in the rural area of the county in Hayes Township by McCool Junction, which is already in the works.
While it was standing-room-only for attendees at this week’s hearing, about 30 people signed up to verbally address the county commissioners.
This was a public hearing only – meaning no question/answer session nor final decision would be taking place, as explained by York County Commissioner Chairman Randy Obermier. This was a time for the commissioners to hear testimony from the public.
The commissioners were joined by York County Zoning Administrator Nate Heinz (who is also a deputy York County attorney) and York County Clerk Kelly Turner.
Each speaker was limited to three minutes apiece.
Obermier told the crowd, prior to public testimony, “These meetings, in York County, have been very civil, and we assume this will be the same compared to other meetings held elsewhere in the state” regarding the same issue.
Javier Hernandez, CEO of OPPD, told the commissioners, “The currently proposed regulations are highly restrictive. They are unreasonable and detrimental to crucial clean energy projects. Reasonable regulations can provide the foundation for responsible projects. On March 6, I pledged we’d transfer the operations to a third party which would contribute millions of dollars to the county and the school district. Let’s seize this chance to create a brighter future for Nebraska. We encourage the modification of regulations.”
Roger Morris, who recently retired from the York County Planning and Zoning Commission and was involved in formulating the proposed regulations, said he didn’t believe a 660-foot setback “is enough to protect ag producers. Ag production will create more income than this solar farm. What upsets me about this whole thing is that it has split McCool Junction, a town that used to get along.”
Doug Rood from Collins Aerospace in York said he hopes the commissioners support “reasonable regulations so York County can continue to grow. A fair compromise can be done, 660 feet seems appropriate. This would achieve strong regulations while respecting the landowners’ rights (regarding those who have already signed on for easements for the proposed project by McCool Junction). This is an opportunity to help keep York County strong.”
Gary Karnopp of McCool Junction said York County is the “number one corn raising county in Nebraska, which will probably change if this project happens. I was on the planning and zoning commission a while back.” He said he fears industry will take over agriculture in the county, “as they come in with three times the amount of money. I think people will leave this county rather than live around a solar project like this. It’s devastating to see it comes in. The setbacks are just smoke and mirrors; please keep agriculture in mind.”
Jason Balaban said he feared large solar projects will damage existing agricultural land. “These parcels are not indestructible. There are dangerous chemicals in those solar panels. This will not benefit our electrical bills or our property taxes. Stay with strict setbacks and protect agriculture.”
Eric Thompson from the University of Nebraska said studies showed solar projects would produce an extra $5,000 of income per acre and would generate millions of dollars for local school districts and the county.
Joan Jackson, a rural York County resident, said she remembered how back in 2021, the York County Commissioners passed a resolution to limit interference from outside groups who threatened local agriculture. “This was to protect those who work the land. It is your obligation to protect the safety and welfare of Hayes Township.”
Gene Jackson said he recently attended a townhall meeting with Governor Jim Pillen, “during which he said Omaha and Lincoln have enough land to have their own solar fields, to take care of this (electrical need).”
Jim Jackson, also a rural York County resident, said “we’ve been messing around with this for three years and now this outfit says it doesn’t like the regulations. They are going to tell us how we are going to farm and live? I guarantee the people who say they are in favor of this project wouldn’t want to have them in their backyard. You people (directed to OPPD representatives) can have your solar fields in your county and maybe we should come in and tell you what kind of businesses you should have in your county. How would you like that?”
An individual who said he is from the rural area by McCool Junction said he’s in favor of the proposed setbacks, “and I want to say thank you to the planning and zoning committee. This will cover a lot of ground. It will negatively impact people and property values will decline. I’m not sure how OPPD would like it if we wanted to build hog confinements within 660 feet of their houses. Let’s see how they’d like that.”
There was applause, which Heinz said, based on his legal opinion, should be tampered with during the public hearing process.
Genevieve Tonniges talked about how she is part of a multi-generational family who has been in York County for many years. “I have concerns regarding the impact these proposed zoning regulations might have. Many people my age have left York County. I have concerns – if you want the younger population to come back, don’t edge out fresh ideas for the county’s growth and prosperity.”
Lisa Hurley, director of the York County Development Corporation, said, “I see projects with alternative energy options and as a state we need to grow our energy generation.” She also reminded the commissioners how landowners have the ability to enter into contracts for these types of projects. “These proposed regulations will become a barrier to development, which can hurt our tax base. I hope you adopt codes to keep us safe but also allow us to grow with best practices. I believe these proposed regulations will have unintentional negative results.”
John Hansen, president of the Nebraska Farmers Union, said he’s been working in the area of zoning and economic development for many years. “We fully recognize the value of value-added agriculture. These are natural resources we own and control and we can add value. When you look at the big picture, you can’t take away one set of property rights and give all the property rights to the other side. Renewable energy is agricultural in nature.”
Bill Dunavan, of rural York County in the McFadden Township, said the “large interest in York County zoning is here due to an outside corporation. EDF (the original company seeking to establish this solar project by McCool Junction) went on the financial skids and then the project was transferred to OPPD which has eminent domain powers and likely won’t have to pay property taxes. How will rotating the use of land to solar benefit this land? It will be difficult to bring it back to being agricultural” in the future.
Chuck Byers said he felt the regulations, “as written, are kind of excessive,” but he could already see there would be an impact on wildlife. “Sometimes we need to look at the big picture and sometimes a compromise needs to happen.”
Matt Core from the OPPD board of directors said “OPPD is facing unprecedented growth and must ensure electrical supply without interruption. By supporting reasonable regulations, these projects can generate money for school districts, county roads, and more. Excessive regulations are against personal property rights. York County could see substantial revenue with reasonable regulations. We believe solar development is a win for OPPD, York County and Nebraska.”
No date has been announced as far as when the county commissioners will make their final decision regarding the proposed regulations. They are currently in discussions with newly-hired consultants who will be working on the update of the county’s comprehensive plan and are also now reviewing these proposed regulations.
