York County Press Release
YORK COUNTY – The York County Planning and Zoning Board met recently to discuss solar zoning and updating the comprehensive plan.
They met with Keith Marvin, a consultant who has been hired to help the county with the comprehensive plan and, subsequently, the formulation of zoning regulations pertaining to solar fields.
The short story about a long saga when it comes to solar zoning – the process continues.
“When we were hired, you were in the middle of this,” Marvin said. “Your zoning regulations need to be consistent with the comprehensive plan. We will be working with you on your goals and policies, and some will be derived from a survey that will be conducted, as well as town hall meetings – it is hard to put down solar regulations without that information as that needs to be behind it. One thing you need are the tools to protect yourself if challenged from either side of the issue. We need more background information.”
Chairman Aaron Kavon asked if it is better to create the regulations now or to wait for the update of the comprehensive plan to be completed.
“I think it is better to do the solar regulations based on the comprehensive plan,” Marvin said. “Nathan (Heinz, county zoning administrator) and I have had a lot of conversations about this. It’s good he is a licensed attorney.”
Marvin further said that setback regulations for sola fields “need to be based on something, not just some numbers put out there. It comes down to United States constitutional law and due process.”
It was noted by the planning board much of the proposed regulations pertaining to setbacks are based on current zoning in place for livestock operations.
John Shepard from Marvin Consulting noted there is case law regarding odor pertaining to feedlot regulations.
“But there isn’t any case law pertaining to solar yet,” Kavon added.
“Our job is to keep you out of court,” Marvin said.
“Do you have any substantial solar fields in counties you work with?” asked Planning Board Member Karl Heine.
The Marvin representatives said they haven’t yet.
“We jumped into your process,” Shepard said, “but it’s your process. We need to take the energy element from your comprehensive plan. These need to work in parallel to make sure we are moving in the right direction, and that’s based on your risk appetite.”
It was also noted that “a project like this can have an environmental impact.”
Shepard added, “When you are looking at this, you can’t think about a certain project but rather the whole county. This is a work in progress.”
It was also mentioned how certain counties are currently in the process of having zoning issues pertaining to green energy projects in various levels of court consideration.
“The basis of your zoning regulations has to come out of your comprehensive plan,” Shepard said again. “When you do the survey and town halls, what are the constituents going to be more concerned about?”
“And we are hoping the courts will give us some guidance,” Marvin said, pertaining to other counties’ litigation processes.
“We are trying to look at everything from residential solar to 2,000-acre projects,” Shepard said. “You are being asked to do more than what you are used to and you, as well as we, need more information. It needs to be more detailed.”
“Everything is evolving (regarding the technology of such projects), as common practice a year ago has changed,” Marvin said. “You need to look at the whole county and balance your interest. We are not pro or con renewable energy, we are pro keeping you out of court. These are industrial uses in an agricultural landscape. This is a difficult situation as it has impacts around it. We want to make sure what you put in place holds up, and the priorities of the constituents are considered fairly.”
Marvin also noted “spot zoning” is illegal in Nebraska.
Regarding the comprehensive plan update, Planning and Zoning Board Member Jason Perdue asked where the process is at regarding the survey and town hall meetings. Marvin said he provided the board members a mockup of the proposed surveys “and we anticipate postcards and other notices will be put out into the public soon.
“Those are all ready to go; we are just waiting on feedback,” Marvin said. “As far as the rest of the comprehensive plan is concerned, we have been looking at chapters and doing cleanup work (regarding the existing document).
The townhall meetings will take place in the new year with the goal to have them completed before planting season starts, he added.
The zoning and planning board will meet again on Jan. 20.
