Frustrations Grow Over Delayed Text Amendment to Gage County Wind Regulations

BEATRICE – The Gage County Board has voted to have the county resume accepting special use permits for projects other than wind and solar proposals, opting to consider those separately, at a July 15th meeting.

Supervisors voted 5-2 to reject a resolution to study existing zoning regulations on wind energy. The coronavirus pandemic forced a hold on special use permits, but it appears the county’s planning and zoning commission will take up a text amendment filed by wind energy opponents as soon as a venue can be finalized that allows property social distancing at a public hearing.

Prairie Wind Watchers has seen it’s pending text amendment stalled for over a year…seeking a greater setback between wind towers and residences along with a study of turbine noise limits. Larry Allder of Cortland is with the group.
"We were told we would be heard first, before any special use permit would be filed....we were told that".

Several northern Gage County landowners are opposed to a plan by NextEra Energy to build a wind farm in the area around Pickrell and Cortland. The company has not filed a formal application, for a special use permit. Omaha Attorney David Levy, representing Gage Wind LLC and NextEra said not allowing wind project applications to go forward while allowing others, is discriminatory.

"We have a right to file an application for a use that your zoning regulations allow. You're singling out one land use that is legal under state law and legal under Gage County law...and saying, but we're not going to let you apply for it. That's not legal, and it's not right. It's discrimination against one particular land use".

Levy opposed a four-month moratorium included in one of the resolutions on the board’s agenda, Wednesday.
Attorney David Bargen represents Gage County landowners seeking a one-mile setback requirement for wind turbines. He contends the county is within its rights to place a hold on wind and solar energy permit applications.

"You have authority under your zoning regulations to put a temporary hold on particular permits, if you wish. This happens all the time, whether it's some controversy, some issue, some discussion to be had about the regulations...it's perfectly allowable, under law".
Levy said the developer is willing to participate in a public hearing with wind energy opponents over the text amendment to zoning regulations that has been pending for about fifteen months.

County Supervisor Matt Bauman, who represents the district where many of the wind opponents reside, took issue with an e-mail from the developer about due process issues.

"One group on one had is clamoring for due process and trying to deny somebody else's. I think that board needs to have time to go through and look at this, in deference to Mr. Allder's request and his group's request. Taking that additional time, there's absolute merit in that. We're not excluding anyone from the process, it's not going to be behind closed doors. This isn't happening behind the curtains".

Levy acknowledged that consideration of the text amendment will come first.
"We know that is going to be on the agenda first, on the planning and zoning commission agenda first. It already was on April 14th. We will participate in that process and the outcome of that process will be, what it will be. But, this moratorium is a change to your zoning regulations, and it is a ban on making application for a legal use. And, the attorney general has said that's not something a county can do, in the State of Nebraska".

Planning Commission Administrator Lisa Wiegand says the Hevelone Center at Beatrice High School is being considered as a potential location for a hearing that could field a large audience, while still maintaining social distancing. She said a tentative time frame for that hearing could be in late July or in August.