Changes proposed for county renewable energy ordinances

MT. PLEASANT — With RWE Renewables interest in possibly adding some wind energy development in the north part of the county, the Henry County Board of Supervisors are working through the current renewable energy ordinance to update language and further consider any additional needs.

The Board of Supervisors and Planning and Zoning Commissioner Joe Buffington discussed proposed changes to Henry County Code 6-2-11-2.

“A lot of it is reformatting,” Joe Buffington told the board as he presented proposed changes to the board last week. “We took some things and just combine them since they were common to both the solar and the wind. Instead of saying it twice, we just put it in the beginning in one area.”

According to Buffington the biggest changes to the ordinance are in consideration of discontinuation and decommissioning.

“We’ve added some clarification and a few changes,” Buffington told the board.

The Board of Supervisors and Buffington agreed there was not a lot of information statewide about the impacts of renewable energy companies decommissioning developments.

According to Buffington, to best deal with the potential for decommissioning,

“We added in for a notice of abandonment,” Buffington said. “Its in there and we hope it happens, but if they decide to close up shop and walk away, there isn’t really much we can do.”

“We have to hope it isn’t going to happen,” he said. “If these things continue to generate income it is unlikely they’re going to walk away from them, but we don’t have a crystal ball.”

Additionally, proposed new language requires “a bond with a minimum of a million dollars, or up from there, depending on what the county determines is appropriate,” he said.

Buffington stated that these changes were the only ones he would consider substantial to the current ordinance.

As the board discussed the proposed changes with Buffington, Supervisor Marc Lindeen asked if they could add language to the ordinance for the county to evaluate every so often what the minimum amount for the bond should be.

“I don’t know if a million dollars is high or low for this,” Lindeen said.

Buffington clarified his understanding of the ordinance language stating that many of the specifics for renewable energy companies coming in will be determined by a bond attorney and through a specific agreement at the time it is established.

“I don’t think these bonds are anything that anybody in the county is going to set,” he said. “I think, if we want this don’t correctly, we’re going to hire a bonding attorney to come up with that amount.”

Lindeen and Supervisor Greg Moeller asked Buffington about lease transfers and what would happen to land if a landowner would sell land occupied by a renewable energy source such as a windmill.

“Joe clarified it a lot when he said they couldn’t subdivide it off,” Lindeen commented. “That makes a big difference.”

According to Buffington, this particular concern with subdividing sections of land that include these renewable energy sources could be clarified by making the language in the subdivision ordinances more plain.

“Right now, I think the ordinance would imply that, but we can make it just say it so there’s no ambiguity at all,” Buffington assured the board.

Buffington plans to take the proposed changes to the Planning and Zoning Commission in January to further discuss and develop changes to the current ordinance.

Comments: AnnaMarie.Ward@southeastiowaunion.com

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