HUTCHINSON, Kan. — The Board of County Commissioners will get a look at the solar regulations for Reno County at their meeting on Wednesday.
According to the agenda packet, on December 27, 2023, the County Commissioners directed the Planning Staff and the Planning Commission to cease further discussion and development of Large-Scale Commercial Solar Energy Project regulations and focus instead on Limited-Scale Commercial Solar Energy Project regulations.
To accomplish this new directive, the moratorium was extended till July 1, 2024.
To comply with this directive, the Planning Commission met on January 18, 2024, February 5, 2024, and February 15, 2024, to revise the document for Limited-Scale Commercial Solar Energy Projects.
The residential ground-mounted solar energy project regulations were removed from the new document and will be placed under Article 15 - Permitted Accessory Uses. Re-location under a different Article will require a new public hearing to gather public input on the draft.
On February 15, 2024, the Planning Commission voted 7-0 to recommend to the County Commissioners, adoption of the Limited-Scale Commercial Solar Energy regulations and the Table of Contents that are part of the draft in the agenda packet.
Some key points of the draft regulations are as follows:
Regulations only apply to the zoned area of the County.
Limited scale is defined as a 10-acre or less parcel/lease area and generating two megawatts of AC power or less.
Stormwater management plan is required.
List of all local, state, and Federal agencies required to review or approve the project.
No project can be within two miles of another project.
Solar panels are to be setback 100 feet from the road right of way and all non-participating property lines in effect at the time of the application.
500 feet setback from a non-participating landowner's principal building.
25 feet from a fence associated with providing security.
Maximum height of the panel is 15 feet.
Facility enclosed by a perimeter fence.
No lights unless approved by the conditional use permit.
Any battery storage must be in a building and not located within 500 of a non-participating property owner's principal building.
Noise can't exceed 60 decibels measured at the outer wall of a non-participating property owner's principal building.
No rock, gravel, or other impervious material may be placed under the solar panels.
No developer's agreement required. However, there are decommissioning requirements.
Limited Scale Solar Projects are defined as producing energy used offsite but under 10 acres in size and generating 2 Megawatts or less of electricity.
The planning commission intends to work next on residential and private solar regulations. Staff are requesting that, if the limited scale regulations are approved, the moratorium be lifted only regarding that use and only in the zoned portion. That moratorium is included with a separate agenda item.
One continuous source of public confusion is that only a portion of Reno County is zoned. If the entire county were zoned then the regulations on solar, wind, and other uses would be uniform. If the county were fully zoned, large portions of the currently ‘unzoned’ portion would be agricultural and agricultural buildings are exempt from zoning regulations, however any solar, wind and other restrictions would apply to those areas.
Moving forward on solar, staff are requesting guidance from the commissioners on the following questions:
Should large scale commercial solar be allowed anywhere in the county?
Should commercial wind be allowed anywhere in the county?
Should residential and private solar be regulated?
Does the commission want to consider county wide zoning? If so should public hearings be held in the affected areas?
The Board of County Commissioners meets Wednesday at 9 a.m. in the Veterans Room of the Reno County Courthouse.
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