By MIKE COURSON
Great Bend Post
No large-scale solar developer could build in Barton County after a moratorium on commercial solar development was implemented by the board of commissioners last May. As of April 1, the county will be open for business with a new set of rules in place. At a special meeting Friday morning to vote on recommendations made by the Barton County Planning Commission, the board approved all three measures. Commission Chair Barb Esfeld thanked everyone for their input on the new regulations.
"We've done our reading and information searching, but everything you've brought to us and the zoning board I know they felt helpful, too," she said. "They've spent many, many hours, sleepless nights, we have, you guys have, because this decision is for the best of Barton County. Each one of us treasures Cheyenne Bottoms and the Scenic Byway. You elected us to make the best decision for Barton County so it can be the best place to live and invest in growth as well.
"Our intention was to listen to everybody, and if there was a really good way to compromise, we would have loved it," Esfeld continued. "It's been the most difficult - I know for me, the other commissioners can share if they agree - but it's been the most difficult decision I've had to make since serving on this board because it is very serious. Our county means everything to us or we wouldn't be sitting here today."
Wildlife advocates have been vocal throughout the process since the county first learned of possible solar developments in January 2023. Commissioner Shawn Hutchinson called Friday's a vote a win for those residents.
"To (Dr. Dan) Witt and your crew, please understand that if this no-build zone is adopted, that you guys have won a great victory for Cheyenne Bottoms," he said. "These solar panels, they're 15-feet stationary objects. They tilt a little bit but they stay in the same place. The state decided at some point that three highways could go around Cheyenne Bottoms, and I guess somebody would argue maybe even go through Cheyenne Bottoms at one point. Those have 13.5-foot tall, 80,000-pound semis traveling at 65 miles an hour. This no-build zone actually extends past these highways more than five miles in some places. I just wanted to say, if this no-build zone stands today, I think you guys have won a great victory for Cheyenne Bottoms."
The board of commissioners voted to approve three recommendations from the planning board. The first, merely adding commercial solar development language to the existing zoning districts, passed 5-0.
Discussion ensued regarding the actual proposed solar regulations drafted by the planning board. Zoning Administrator Judy Goreham highlighted key points and changes that have been made with suggestions from the public.
County Counselor Patrick Hoffman read from a lengthy prepared statement about the legal ramifications of Friday's vote. The new two-mile no-build zone around Cheyenne Bottoms will cover more than 49,000 acres in the county. The 1,000-foot setback requirement will be the largest in Kansas.
"My analysis is that the county could face a challenge by landowners within the no-build zone for making that area too large," he said. "The county could also face a challenge by environmentalists or others for making the area too small. The recommendation would be to uphold the planning commissioners' recommendation and defend it if challenged."
Landowner Steve Neeland spoke before the commission with concerns about the two-mile no-build zone at Tuesday's regular meeting. He addressed similar concerns before the vote Friday.
"We're talking about compromises," he said. "I guess I'm not really feeling, as a landowner, where's our compromise with the landowner? I hear Kansas Wildlife wants six miles, and here's a mile. But how about the landowners? Maybe we want zero. Where's our compromise, I guess is what I'm saying. I just don't think it's fair at all."
Goreham explained the process of determining the new two-mile no-build zone. The original map would have included a one-mile barrier around Cheyenne Bottoms. Planning commissioners went through seven maps before recommending the two-mile zone.
"I am a landowner," Goreham said. "I don't want anyone telling me what I can and cannot do on my land, so I get where you guys are coming from. What I would like for all you participating landowners to consider is the fact that, the area Acciona has leased, and I went off the 7,000 acres that they told us about in Decemeber, that represents about 1.8 percent of this county. We have over 576,000 acres in this county. If you take a look at the no-build that is in front of you today, yes, it's 49,000 acres. That represents a little less than 10 percent of the county. My point is the non-participating landowners who are taxpayers in this county are, by far, larger numbers than the people who stand to gain if solar panels are built on their land."
Prior to the vote on the actual solar regulations, some provisions suggested by Hoffman regarding 1,000-foot setbacks and water and soil testing measures were added. The board of commissioners voted 4-1 to approve the planning board's recommendation. Duane Reif was the lone vote against after hearing from constituents in District 1.
"I do appreciate Acciona wanting to invest in Barton County and possibly improve the economy of Central Kansas. However, I was not fond of this project the very first time Acciona approached the commissioners. Acciona also admitted they did no research of this area before they made plans for the industrial solar farm. I was very concerned a company of this size would fail to do such a thing, so I question their motive."
Lastly, the board of commissioners voted on the proposed zoning map with the two-mile no-build zone. With the proposal, no commercial solar development can be built in that zone. Any other commercial solar project that falls in the jurisdiction of Barton County would have to go through a conditional-use permit process. Non-commercial solar panels are still permitted in the no-build zone. The board again voted 4-1 to approve the recommended map with Reif the lone vote against.
With the approval of all three items, the board of commissioners agreed to let the moratorium on solar development come to its natural expiration date at the close of Sunday, March 31.
"Landowners and wildlife advocates will both be disappointed with this compromise," said Commissioner Tricia Schlessiger. "Landowners, many multi-general, are some of the best stewards of this land. Wildlife advocates are passionate about the preservation of Cheyenne Bottoms. As we let this moratorium expire and put in place these zoning regulations, let us remember we are neighbors and we are friends. Let us not tear each other down with personal attacks and lack of facts, but let us keep an attitude of respect and work through difficult issues like these."