Woodbury County proposing expanded access for solar panels

Jun 05, 2023

Matthew Ung, Chairperson (R) 4th District, center, leads the Woodbury County Board of Supervisors meeting at the Woodbury County Courthouse on Tuesday, Jan. 24, 2023 in Sioux City, Iowa.

SIOUX CITY – Amendments to the Woodbury County solar energy ordinance will allow private solar energy systems in each zoning district with a building permit as an accessory structure.

The ordinance amendments will also allow utility solar energy systems in the agriculture preservation land zone under conditional use, provide a more specific definition of solar arrays, and define the difference between private and utility.

The Woodbury County Board of Supervisors approved the first reading of the zoning ordinance change on Tuesday. The board approved the amendment 4-1. No residents spoke against the ordinance and some of the supervisors expressed hesitancy in expanding utility solar into agricultural land use.

Currently, the ordinance allows utility solar systems in the general industrial zoning districts under conditional use, according to a Woodbury County staff analysis.

If a landowner wanted to use several acres of land zoned as agricultural preservation for a utility solar farm, they would need to have the land rezoned, according to the current ordinance.

“However, since spot zoning by convention is not a widely accepted practice, and that much of the future land use map does not provide for industrial activities in agricultural areas, the chances are minimal for the zoning designation to change to consider a commercial solar conditional use permit on AP zoned land,” according to the staff report.

The new amendment allows utility solar panels in agricultural preservation zoning districts. County Zoning Coordinator Daniel Priestley said this does not automatically allow those projects to proceed. They still have to undergo extensive review and meet certain requirements.

“Though MidAmerican has no plans to expand our solar footprint in Woodbury County at this time, we believe it is important to allow landowners and utilities to partner to ensure the reliability and affordability of electric power in the county,” said Will Dougherty with MidAmerican Energy. “Allowing utility solar as a conditional use of AP-zoned land is a step in that direction.”

Thomas Treharne, senior project manager with NextEra Energy, said the company would like to have the opportunity to have a solar project in Woodbury County and the amendments are integral in proceeding with that.

There is not currently an ordinance for residential solar panels. Historically the conditional use permitting process for electric wind generator utilities has been used, according to the staff report.

Residents would have to go through the conditional use permit process and receive approval from the zoning commission, according to the staff report.

The newly proposed ordinance would allow private property owners, such as a home, business, industrial, or commercial property, to add solar panels as accessory structures via the building permit process with no limitation on zoning districts. The ordinance would also allow the resident to sell the extra back to the grid, Priestley said.

“If you live on the property and you want to add a panel or so to help support your power needs, you would likely be able to do that with a building permit,” Priestley said.

The ordinance would also add agricultural preservation into the allowable zoning districts for utility-scale solar under the conditional use permitting process.

The issue will go before the board again next week.

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