Regulation:
Areas to Address

FacebookYouTube

More and more blanket commercial solar farm prohibitions (bans) are being encouraged at the regulation level by solar farm opponents as a way to circumvent the facts that are bound to come out in the actual CUP process. This website argues against bans at this level and argues for responsible, effective, and fair commercial solar farm regulations.

Regulations

Regulations set the guardrails, expectations and minimum requirements for what the County expects of a Commercial Solar Farm CUP application. At a higher level, these regulations exist to ensure the consideration of the safety of the project, environmental issues, economic impacts, and impact on the local community.


Conditional Use Permit

The actual Conditional Use Permit process is where the rubber meets the road. It's where the good intentions of the regulations meet the realities of the project, and expectations of adjacent neighbors. It's also the level at which incompatible projects can/should be rejected. Additionally you can learn a lot about the company you're dealing with in this phase, and whether they would be a good partner for the future.  This website does not focus on the CUP process.

A List of Areas to Consider

Below is a shopping list of areas you can address in your regulations. Which ones you choose and don't choose are up to you. Keep in mind that the more complicated your regulations, the less attractive the County may look to a developer. Below the shopping list are examples of real world regulations, and planning resources.

Everything between our County and renewable energy developers is a negotiation. As a policy maker don't be afraid to address concerns with out of the box thinking, or to request documentation on any issue you feel is warranted.

For instance you can:

THIS IS NOT LEGAL OR PLANNING ADVICE OR AN ALL INCLUSIVE LIST; it is merely a list of items you might want to further investigate and include in your regulations.

NOTE: The number one factual concern pertaining to solar farms is erosion during construction.

It has happened several times throughout the country, ending up in lawsuits. Basically what happens in most of these situations is that the land is graded and not yet planted, and biblical rains come along and overwhelm the containment infrastructure. Sometimes, contractors have failed to plant cover crops in a timely manner. The most recently cited example is Shaun and Aimee Harris, owners of H&L Farms, V. Silicon Ranch Corp. in Lumpkin Georgia. This case was mentioned at the Reno planning hearing 11-9-2023. 

To mitigate this potential problem, a robust Stormwater, erosion, grading, revegetation, and construction management plan should be required from all developers. Also, the County should consider charging an upfront fee for multiple inspections to be made during the construction period, to cover their costs and insure either they or a contrated third party provides oversight and reporting back to the County. It is also recommended that counties strongly encourage Low Impact Solar Farm Design principles in their regulations, which recommend against grading the land during construction.

Planning regulations -County planning possible requirements (choose any)

☑️ = Your choice on whether to include, or not


☑️ Aesthetic restrictions -screening requirements

☑️ Decommissioning requirements

☑️ Solar equipment removal depth

☑️ Notification requirements

☑️ Bond requirements

☑️ Soil and water testing requirements

Zinc, lead or cadmium

☑️ Fencing requirements

☑️ Landscaping requirements -public facing areas

☑️ Limits on construction activity

☑️ Lighting requirements

☑️ Noise limits

☑️ Periodic soil and water testing requirements 

Zinc, lead or cadmium

Interval (5 years suggested)

☑️ Physical limits: Height, setback

☑️ Size limits MW and/or Acres

☑️ Signage requirements

☑️ Vegetation bond  requirement


Legal  requirements

☑️ Notifications

☑️ Severability

☑️ Transfer of Ownership

Planning regulations -possible information, plans, and reports required from developer (choose any)

☑️ = Your choice on whether to include, or not


Design

☑️ Comprehensive project map (example) (example)

☑️ Standard overhead 2D

☑️ Visual simulation (example)

☑️ 3D images

☑️ Existing residences setback map (example)

☑️ Emergency services and fire plan (example)

☑️ Stormwater, erosion grading, revegetation, construction management plan (example) (example)

☑️ Drain Tile Mitigation Plan (example)

☑️ Communication and distribution line installation plan

☑️ Commitment to Low Impact Solar Farm Design plan (example) (example)

☑️ Timeline of project construction phases (example)


Equipment

☑️ Balance of project -specifications

-Energy storage (battery) systems

-Inverters (example)

-Transformers and substations (example)

-Wiring

☑️ Panel -specifications (example)


Environment

☑️ Archeological survey (example)

☑️ Avian and Wildlife study (example) (example)

☑️ Construction impact plan (example)

-Construction routes (example)

-Noise levels

-Construction activity hours

-Road impacts

☑️ EMI study (Comsearch GeoPlanner or equivilent) (example)

☑️ Environmental impact study (example)

☑️ Glare report (example)

☑️ Grading and vegetation removal plan (example)

☑️ Historic places (example) (example)

☑️ Landscaping (example)

☑️ Meet all applicable State and Federal requirements (example)

-Endangered species

-FAA (example)

-Kansas Dept. Wildlife and Parks

-US Fish Wildlife (example)

-Etc.

☑️ Noise (example)

☑️ Prime farmland map (example)

☑️ Soil map (example)

☑️ Soil sampling plan (example)

☑️ Traffic study (example)

☑️ Tree map -mature (example)

☑️ Urban growth areas (example)

☑️ Wildlife corridors (example)

☑️ Wetlands, floodways and streams (example) (example)


Economic

☑️ Economic impact study (example)

☑️ Bond or other financial instrument/guarantee for decommissioning 

☑️ PILOT plan; expectation dollars will be required, and any other specialty requirements
(note: many companies are hesitant to commit to specific dollar amounts until final CUP negotiations/approval)

☑️ Vegetation bond plan


Decommissioning

☑️ Complete decommissioning plan (example)

☑️ Panel Disposal plan 


Operations and Maintenance (example)

☑️ Noxious weeds plan 

☑️ Road maintenance plan 

☑️ Soil and water testing plan (example)

Douglas County, Kansas

Douglas County Kansas, Commercial Scale Solar Energy Conversion System Regulations

Kansas Sky Energy Project -Douglas County CUP Documents
NOTE: A plethora of very useful documents to provide you with an overview of a thorough process. If you have the time these are a must read!

Sedgwick County, Kansas

Sedgwick County Kansas, Proposed Commercial Solar Regulations 2-22-2024
NOTE: As of May 2024 these regulations are on hold as their County Commission tries to find a qualified 3rd party to provide input.

Sedgwick County web page dealing with the solar regulation process so far
Very interesting documents towards bottom of page, including a public solar survey that holds much value.