County zoning commission recommends moratorium

Editor’s note: In last week’s edition of SAM, the jump for this story was not included. We are running the article in its entirety and regret the error.

After hearing public comment on a proposed moratorium, March 7, Holt County Planning and Zoning Commission members voted 6-2 to recommend an 18-month moratorium on all industrial pipeline, wind and solar power development to Holt County Supervisors.

Commission member Mary Kaczor told an audience of more than 35 individuals, that the county’s current comprehensive plan was written in 1980.

“It’s totally out of date,” she said.

The commission has hired Marvin Planning Associates, of David City, to assist with the rewrite of the plan and update of zoning regulations.

According to Kaczor, county residents will be surveyed to provide direction to the commission as they make revisions.

“Where does this county want to head?” Kaczor asked.

Current county regulations do not include carbon dioxide pipelines or solar energy.

“Our number one priority is for the health, safety and well being of Holt County citizens,” Kaczor said. “We didn’t feel comfortable picking bits and pieces, saying we’re going to do this and this, but not this. We were concerned it might be looked at that we were targeting.”

Kaczor said in the last two years, one agricultural conditional use permit has come before the board.

Commission chair Frank Heying told attendees the situation is a temporary solution, “to give us time to put in place the things needed to be put in place that will benefit you, as producers, as citizens of this county.”

“That’s what our goal is. We have to have time to do that. It’s going to be hard to set new rules and regulations in place and be working with different operations that are going to be going into business or advance a business while we’re doing that,” Heying said.

Dr. Robert Randall, of Atkinson, told board members, related to a carbon pipeline, he supports a moratorium.

“Every time I drive by a corn field in the summer, with all these green leaves, I slow down, roll down the window and imagine I hear carbon dioxide being transformed into oxygen molecules, popping off into the air, by the millions. And, of course, I inhale deeply, because I suppose the air is so oxygen rich and depleted of carbon dioxide. It is certainly understandable why the rules and regulations in Holt County, from 40 years ago, are not pertinent for carbon pipelines today.”

Approximately 20 individuals spoke against the inclusion of commercial livestock operations requiring a conditional use permit in the moratorium.

A CUP for ag production is based on the number of animal units.

According to Mike Durre, planning and zoning officer, anything over 1,200 animal units would require a CUP. For example, 200 broiler chickens equal one unit.

Alissa Troyer, representing the Nebraska Department of Agriculture, said Holt County has been a livestock-friendly county since 2012.

“Our county’s ability to have local control, through zoning regulations, in addition to state regulation, has continued to foster growth in the livestock industry,” Troyer said.

Gerard Keating, of Atkinson, said a moratorium on ag production is not good business.

“My family has been in Holt County since 1907, so I have a lot of pride and history here. I’m trying to invest in Holt County, so when I heard this, it disturbed me,” he said. “I strongly oppose a moratorium on people who have cattle and pigs. I think it’s bad for the county.”

Heying asked attendees wanting ag operations to be removed from the moratorium to raise their hands. The majority of attendees indicated they were in agreement.

Kaczor made a motion to recommend an 18-month moratorium on all industrial pipeline, wind and solar power development to Holt County Supervisors. John Krysl seconded the motion.

Board member Gene Kelly said current zoning regulations do not address solar power and asked if Kaczor would amend her motion.

She cited section one of the current regulations, “the interpretation and application of provisions of this regulation shall be held to the minimum requirements adopted for the promotion for public health, safety and welfare.

“Doesn’t that give us the right there?” she asked?

Krysl said the motion falls into the health, safety and welfare.

He suggested county attorney Brett Kelly may need to rule its interpretation.

Supervisors were scheduled to hold a public hearing, March 16, at 1:30 p.m., at the courthouse annex, to make a determination on the proposed motion.