Editor’s Note: The author of this article is an adjoining property owner to one of the proposed solar projects. She is also directly related to one of the families who have signed a lease agreement with a solar company.
Fiscal court passes first-reading of new zoning ordinance
By Abigail Roberts
STANFORD – Magistrates passed the first-reading of a new zoning ordinance that would affect the future of solar energy farms in Lincoln County following a lengthy discussion.
The Lincoln County Fiscal Court met Aug. 26 for its regular monthly meeting during which they discussed two versions of a zoning ordinance.
The first ordinance was originally proposed and sent to the Lincoln County/Cedar Creek Planning and Zoning Commission for review. It was the more stringent of the two ordinances, changing setbacks for Solar Energy Systems (SES) from 50 feet to 1,500 feet from residential property lines, and from 25 feet to 1,500 feet from commercial or industrial property lines. It also changed the setback from the center line of any public road from 80 feet to 1,500 feet.
The ordinance also prohibits SES from using “prime farm land.”
These drastic changes spurred a heated response from two groups – from Preachersville and Hubble – who have signed with SES companies to lease their land for the production of solar energy.
A large crowd gathered at the courthouse for a P&Z public hearing on Aug. 21.
The two pro-solar groups argued the ordinance targets only solar production, and jeopardizes projects that have been in the works for several years, as there was no language specifying whether current projects would be grandfathered in and exempt from the new restrictions.
A long line of people spoke on behalf of the solar projects, many of whom are lifelong, multi-generational farmers, who said it was the only way to keep their land in the family. Without the solar leases, they argued they will have to sell farmland which will then likely be chopped up into individual tracts and could be the home of new subdivisions, factories or box stores.
These property owners said they would rather maintain the farmland, keep it in the family, and allow solar to use the land.
Lincoln County resident Doug Gooch spoke on behalf of the solar projects saying they create no noise or light pollution, no odor, no traffic and no environmental pollution. Gooch said state and federal regulations prevent the SES companies from destroying the land and if the projects end, they are required to decommission them and return the land to its original state. In 30 years, it will still be farm land, he said.
Gooch said the only major drawback is the “unsightliness.”
Many others echoed Gooch’s remarks, adding that they will maintain ownership and continue to pay local property taxes and money they receive from the projects is money that will be spent in Lincoln County.
The public hearing also garnered a response from lifelong farmers in the area who are opposed to any solar farming projects.
These farmers argued the solar projects will affect their property values, local wildlife and their quality of life.
They also proposed selling the farmland to people who are willing to farm it, rather than serving as the experimental ground for SES.
Trevor Edgington, of Gilbert’s Creek Road, said when he finished his military service he moved back home to enjoy the beautiful farmland and if these projects go through, he will be looking at solar panels instead of rolling hills. That wasn’t the future he envisioned when he bought his property, he said.
Edgington said there are still farmers willing to farm, so why not sell the land to them.
Both ordinances have sections pertaining to “screening” which requires an 8-foot buffer fence and staggered evergreen trees to help shield the facilities and equipment from view.
Those who have signed leases said it was their land and it isn’t fair for anyone else to tell them what they can and can’t do on it.
Following the two-hour public hearing on Aug. 21, the P&Z Commission deliberated for about an hour. They returned a revised ordinance to the Fiscal Court, which changed residential and commercial setbacks again from 1,500 feet to 300 feet, and requires at least 300 feet from the center line of any public road. It also defines prime farm land and grants legal non-conforming status (grandfathers in) to any property owner with a legally binding contract (lease, option to lease) to continue based on the prior land use regulations.
Aug. 26 Fiscal Court meeting
In a confusing procedural move, the fiscal court accepted the recommended ordinance from P&Z but converted it back to the original, more stringent ordinance.
Magistrates heard from many of the same people who spoke at the P&Z hearing with a few new faces on either side of the debate.
Some people, including magistrates, said they had more questions than answers and most agreed they needed more information.
Lincoln County Attorney Daryl Day said there is language in the ordinance such as “nearly” and “available” that leaves legal doors open and he would need to review it.
“I know you all are in a hurry…pump the brakes, get this reviewed and make sure your language is something we can defend in the future,” Day said. “This is an important decision, for the county, for the people involved on both sides, rushing through it is probably not the best idea.”
Since Day has reviewed a lease agreement for a solar project, he said he can recuse himself if necessary, but he recommended the fiscal court have the ordinance reviewed by legal experts.
Magistrates originally planned to hold a special called meeting on Aug. 29 to pass a second reading but on Tuesday, they decided to take two weeks to do more research.
Until recently, Lincoln County did not have stringent restrictions in place to prohibit solar farms.
Judge Executive Woods Adams said it was something that needed to be addressed.
“Lincoln County has not seen an active solar project yet, so it’s not on everyone’s radar,” Adams said. “…after speaking with many Lincoln County constituents, leaders, from other parts of the state, state leaders, and people of interest, I now believe that solar farms are a threat to Lincoln County.”
Adams said the northern part of Lincoln County, from west to east, and south to Hall’s Gap is included in the proposed solar footprint.
“Am I willing to sit here as the Judge Executive and watch thousands of acres of Lincoln County, especially the prime farmland, turned into solar panels? I don’t think I am,” Adams said.
Magistrate Joe Stanely said he has farmed all of his life and he doesn’t want to get in the way of anyone bettering their situation.
“It is our responsibility to enact regulations,” Stanley said. “I milked cows for 30 years and there were regulations…I’m not against anyone who can have solar panels, you know, going by the guidelines. But I think they need to be stiff enough to protect our farmland.”
Magistrate David Faulkner said his job is to see what he can do to make life better for people in Lincoln County.
Faulkner praised Adams but disagreed with some of what he said.
“You said the word destroy and that bothered me,” he said. “I feel like we’re sitting here saying we don’t want more government involved in our lives and then we turn around and say we do want government in our lives by telling us what we can or can’t do.”
Faulkner said if someone owns land and wants to put solar panels on it, that’s their right, as long as they’re not destroying any natural resources.
“It doesn’t hurt a soul,” Faulkner said, adding it’s a way to preserve the land rather than sell it.
Magistrate Bobby King said he doesn’t know enough about it but he has spoken to constituents and received mixed emotions about the topic.
“I think we need to pump the brakes a little bit and understand what we’re all getting into here,” he said.
Magistrate Dan Gutenson said the project is in his area, District 2, but he serves the whole county.
“We are for the farmers, but we also serve Lincoln County,” he said.
Magistrates voted to pass the first-reading of the recommended ordinance from P&Z but converted it back to the original, more stringent ordinance.
A second-reading is expected to be held during the next regular meeting beginning at 9 a.m. on Sept. 9.
Representatives of the two SES companies – Candela Renewables and Clearway Energy – were present and agreed to meet with magistrates at 8 a.m., prior to the 9 a.m. regular meeting on Sept. 9. Both meetings are open to the public.
Candela Renewables has also scheduled an informational community meeting for Wed, Sept. 3 from 5 to 8 p.m. at the L&N Depot in Stanford. All are welcome to join and learn more about the proposed project in Lincoln County.
Follow www.lincolncountydailynews.com for updates on this developing story.
