This Chapter establishes the regulations and siting criteria for new and expanding energy generation projects in Power County. The regulations contained herein are designed to protect and promote the public health, safety, and community welfare of Power County; to promote the proper location and development of such projects based on the effective use of local resources; and avoid unreasonable adverse impacts on the use and peaceful enjoyment of nearby lands for lawful purposes.

The Planning and Zoning Commission (“PZC”) should carefully consider alternatives to locating solar facility and structures on any type of working agricultural land, including CRP land, due to the potential adverse impact. Alternatives on public land or land not actively managed or used for agriculture should be preferred. The location of the solar array systems must be in compliance with the Power County comprehensive plan.

(Ord. 2024-05, 4-22-2024)

   A.   Relationship to Other Procedural Requirements: The following requirements apply to all solar energy facilities within this Title. Where there is a conflict between these requirements and those noted elsewhere in Title 10, the requirements of this Chapter shall govern.

   B.   Permit Required: A permit is required prior to commencing any construction or ground-disturbing activities related to the installation of a small-scale or large-scale energy project.

   C.   Coordination and Documentation: The applicant shall provide the County with copies of all applications for state and federal permits and licenses at the time of submitting a permit application, or within 30 calendar days after receiving notice of an incomplete application. Upon the issuance of any state or federal permits or licenses, environmental assessments, records of decision, memoranda of understanding, exemptions, variances, or other similar authorizations of approvals related to the proposed energy project, the applicant shall provide copies of these documents to the County.

(Ord. 2024-05, 4-22-2024)

All definitions are also listed in Power County Code Title 1, Chapter 3.

AGRIVOLTAICS: The co-located use of land to integrate agricultural practices with solar photovoltaic energy generation in a mutually beneficial manner.

BATTERY STORAGE FACILITY: An energy storage facility that uses battery technologies to absorb electricity, store that electricity for a period of time, and then deliver that electricity to the electric grid. Battery enclosures and battery systems, and other equipment used to support the operation of battery storage facilities, including underground or aboveground electrical transmission or communication lines, electric transformers, telecommunications equipment, and access road(s).

LARGE-SCALE SOLAR POWER FACILITY: A solar energy array capable of producing and/or storing, as per nameplate capacity, 10 megawatts (MW) or more; or solar power facilities that encumber 100 or more acres of land.

NAMEPLATE CAPACITY: The maximum energy output that an energy generator can produce without exceeding design thermal limits.

SOLAR POWER FACILITY: A solar energy array, the related facility and equipment, including but not limited to, underground or aboveground electrical transmission or communications lines, electric transformers, battery storage facility, telecommunications equipment, roads, fencing, meteorological towers, agrivoltaics systems, and/or maintenance yards and structures.

(Ord. 2024-05, 4-22-2024)

   A.   The applicant shall have the burden of proving compliance, and the intent to comply, with all applicable requirements of this Title. In addition to the application requirements detailed in this Title, the County reserves the right to require additional information as needed to make an informed decision regarding a permit request.

(Ord. 2024-05, 4-22-2024)

Solar facilities may be permitted in the following areas, subject to conditional use and approval by the PZC but are subject to review and approval of the federal aviation administration (FAA) and other appropriate agencies, if applicable:

   A.   One-half (1/2) mile radius from heliports.

   B.   One mile radius from private airport runway(s).

   C.   Three (3) mile radius from public use airport runway(s).

   D.   Applicants for projects within an airport influence area shall certify compliance with or exemption from all Federal Aviation Administration (FAA) Regulations.

(Ord. 2002-02, 4-1-2002; amd. Ord. 2024-05, 4-22-2024)

No solar facilities will be allowed in the following areas:

   A.   Historic sites, as defined by state and/or federal regulation.

   B.   Critical species habitats, as defined by state and/or federal regulation.

   C.   Wetlands, as defined by state and/or federal regulation.

   D.   Floodplains, as defined by state and/or federal regulation.

   E.   Prohibited within five hundred feet (500') of hospitals, schools, institutions of higher education, and daycare centers for purpose of allaying possible safety concerns.

   F.   Between I-86 and the Snake River, from Rockland interchange west to the Cold Water exit interchange.

(Ord. 2002-02, 4-1-2002; amd. Ord. 2024-05, 4-22-2024)

   A.   All solar installation except residential use solar facilities as defined in 10-23-3 shall require an approved Conditional use permit.

   B.   Application: In addition to the conditional use permit application requirements the following information shall be included in the application.

      1.   Proof of a lease, deed or purchase agreement for the parcel for the proposed solar farm;

      2.   Report from Power County Treasurer and/or Assessors office on how electrical entity will affect Power County tax base at proposed location.

      3.   Type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage;

      4.   Name and address of the manufacturer, and model of the solar panels;

      5.   Expected energy output and anticipated useful life of the system, development phases, likely markets for the generated energy, and possible future expansions;

      6.   Information on the visual impact of the proposed solar farm using photos or computer-generated images of the project on the site to demonstrate the appearance of the project from off site.

      7.   Agricultural impact analysis. An analysis reviewing soils types, existing use of land and water showing the projected change to the agricultural impact to County production and water usage.

      8.   Storm water management plan. An engineered plan showing the impact of the impervious surface change and the management of the projected increase in runoff.

      9.   Maintenance and construction schedule. The applicant shall provide a written description of the maintenance program to be used to maintain the solar energy system, and the anticipated construction schedule;

      10.   Digital versions of all planning and construction documents submitted in PDF format.

      11.   A decommissioning plan as required by section 10-23-9 C;

      12.   Distance from the proposed solar farm to the nearest habitable dwelling unit on a parcel which does not contain the solar farm;

      13.   A security plan detailing on-site security provisions which may include fencing, security guards, video surveillance, and similar measures;

      14.   A landscaping plan illustrating the number, size, type and spacing of trees proposed to screen the solar farm from nearby roadways;

      15.   Additional information, documentation, and conditions as may be requested by the PZC; and

      16.   The PZC may waive or modify some of the above requirements at the request of the applicant if the PZC determines that those items would not be needed to properly review the project.

   B.   Findings. To approve a conditional use permit for a solar facility, the PZC shall find that:

      1.   The applicable procedural requirements have been met;

      2.   The proposal is compatible with existing homes, businesses and neighborhoods and with the natural characteristic of the area.

      3.   The proposal adequately addresses site constraints or hazards, and adequately mitigates any negative environmental, social and economic impacts.

      4.   Services and facilities for the proposal are available and adequate.

      5.   The proposal will meet the duly adopted requirements of other agencies with jurisdiction.

      6.   The proposal is not in conflict with the comprehensive plan.

   C.   Decommissioning: The applicant shall submit a decommissioning plan to the County which shall address all of the following:

      1.   Defined conditions upon which decommissioning will be initiated (such as, end of land lease, no power production for nine months, obsolete equipment and similar circumstances);

      2.   A description as to how the useful life of the system will be determined and who will make this determination;

      3.   Restoration of property to the condition prior to development of the solar farm including measures to ensure that soils are not contaminated during decommissioning;

      4.   The timeframe for completion of decommissioning activities;

      5.   An engineer’s cost estimate for all aspects of the decommissioning plan;

      6.   Description of any agreement with the landowner regarding decommissioning;

      7.   Provisions for updating the decommissioning plan;

         a.   Removal Of Facilities: It is the express policy of Power County that solar facilities be removed once they are no longer in use and not a functional part of providing solar service and that it is the solar facility owner’s responsibility to remove such facilities and restore the site to its original condition or a condition approved by the Power County planning and zoning department. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the solar array down to three feet (3') below the surface. After a solar facility is no longer in operation due to abandonment, the solar facility owner shall have ninety (90) days to effect removal and restoration unless weather prohibits such efforts.

         b.    Security for Removal: The solar facility owner shall provide to Power County, prior to the issuance of the conditional use permit or the issuance of a building permit, a surety bond equal to a written estimate from a qualified solar facility removal contractor to guarantee that the solar facility will be removed when no longer in operation. Power County will be named as obligee in the bond and must approve the bonding company.

         c.   A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the decommissioning plan and the conditional land use permit upon cessation of use.

(Ord. 2002-02, 4-1-2002, amd. Ord. 2024-05, 4-22-2024)

   A.   Nonconforming And Conforming: Solar facilities may add to, or replace solar array and facilities upon approval of the Power County planning and zoning department. Routine maintenance and repair on solar facilities is permitted.

      1.   Existing Use Review: Existing Use Review For solar facilities Beginning January 31, 2024, all solar facility owners, applicable to the requirements of this chapter operating in Power County prior to the adoption of this chapter, shall provide the information required (including proof of bond and proof of insurance), of this chapter and pay an annual fee of one hundred fifty dollars ($150.00) per facility site on or before January 31 of each year. Failure to provide this information shall result in a civil forfeiture of three hundred dollars ($300.00) per day until the information is received by the Power County planning and zoning department.

         a.   Maintenance and annual summary report. Every solar farm must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall keep a record of all maintenance performed and repairs made to and replacement of equipment and parts. The applicant shall provide a summary of this maintenance record with additional information listed in 10-23-8 A.1.

(Ord. 2024-05, 4-22-2024)

   A.   Revocation: Grounds for revocation of the conditional use permit shall be limited to one of the following findings:

      1.   The owner of such site, service provider and/or solar facility owner fails to comply with the requirements of this chapter.

      2.   The permittee has failed to comply with the conditions of approval imposed.

   B.   Revocation Process:

      1.   The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the Power County planning and zoning department.

      2.   The owner shall comply with such notice within thirty (30) days to the satisfaction of the Power County planning and zoning department.

      3.   If compliance is not obtained with thirty (30) days, the Power County planning and zoning department shall notify the Power County prosecutor of the noncompliance and proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations.

   C.   Abandonment: Any solar facility that is not operated for a continuous period of nine (9) months shall be considered abandoned. Time may be extended upon review and approval of the Power County planning and zoning department, if the solar owner demonstrates a good faith effort to secure operation. In such circumstances, the following shall apply:

      1.   The owner of such solar facility shall remove all equipment including all supporting equipment and building(s) within ninety (90) days of receipt of notice from the planning and zoning department notifying the owner of such abandonment. If removal to the satisfaction of the planning and zoning department does not occur within said ninety (90) days, the Power County Board may order removal utilizing the established bond and salvage solar array and all supporting equipment and buildings.

      2.   The recipient of a conditional use permit for a solar facility under this chapter shall notify the planning and zoning department when the facility is no longer in operation.

(Ord. 2024-05, 4,22,2024; amd. Ord. 2024-05, 4-22-2024)

Safety/access. A security fence shall be placed around the perimeter of the solar farm with a locked gate. Lock boxes and keys shall be provided at locked entrances for emergency personnel access. The height and material of the fence shall be as approved by the PZC depending upon the location of the facility.

   A.   Building Permit. A building permit must be obtained within two years of approval of the conditional use permit. Commencement of the operation of the solar farm shall occur within two years from the date of building permit. These timeframes may be extended for cause upon application, review, and approval by the PZC.

   B.   The facility shall be designed for interconnection to a public utility electrical power grid, and shall be operated with such interconnection. All electrical interconnection or distribution lines shall comply with all applicable codes.

   C.   The portion of the premises on which the array of collector panel structures is located shall not be paved with asphalt or any other surface material that is impervious to rainwater.

   D.   Plantings shall be installed around the perimeter of the parcel or parcels containing the solar farm, at the discretion of the PZC. The PZC may modify the landscaping requirement depending upon the location of existing plant material on the site or if additional plantings are needed to buffer existing land uses.

   E.   Setbacks. Solar panels shall be setback a minimum of 50 feet from all right of way lines and ten feet from all other lot lines except solar panels shall not be placed closer than 100 feet from the lot line of another parcel containing a single-family home or residence.

   F.   Height. A ground mounted solar energy system shall not exceed a height of 20 feet above natural grade at the time of project approval, as depicted on the site plan. The height shall be measured from the highest point of the panel when oriented at its maximum tilt to the ground immediately below the panel.

   G.   Electrical Interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the County of approval of connection from the applicable utility company.

   H.   Use of above-ground transmission lines for the solar energy system shall be prohibited within the site.

(Ord. 2024-05, 4-22-2024)

Prior to a change in the ownership or operation of a solar energy system, including but not limited to the sale or lease of that system or the underlying property, the current land owner or operator shall provide written notice to the County at least 60 days prior to that change becoming effective. This notice shall inform the County of the intended transfer of control of the solar energy system or the underlying property, and shall include a copy of the instrument or agreement effectuating that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this section, including requirements for continuing security and other conditions of approval has been established.

(Ord. 2024-05, 4-22-2024)