Holt County Supervisors table decision on proposed zoning regulations

A decision on proposed planning and zoning regulations in Holt County will wait until at least Nov. 16. That's the next time county supervisors will meet in regular session, at 9:45 a.m., at the courthouse in O'Neill.

For more than two and one-half hours area residents presented testimony, covering carbon dioxide pipelines, solar farms and wind energy, during an Oct. 31 public hearing.

At the conclusion, county lawmakers failed to advance a motion, by Doug Frahm, which would have accepted all recommendations from the planning and zoning board. Frahm's motion included a change to carbon pipeline recommendations regarding setbacks, to include unless otherwise agreed upon by both parties to be less; and bumped proposed setbacks for wind farms from 6,000 feet to one mile.

During the hearing, supervisors listened to eight speakers address pros and cons regarding CO2 pipelines.

Concerns ranged from landowner rights to safety procedures to setback and depth-of-cover rates.

Diane Steskal, of Atkinson, asked the board to consider voluntary easements for the project.

"Don't make the landowner go through eminent domain," she said.

Brent Niese, land acquisition manager with Summit Carbon Solutions, said the company has completed approximately 45% of land acquisition in Holt County.

"That's $2.7 million that's been paid out to landowners," he said, who estimated $1.5 million in annual taxes is anticipated to go to the county.

According to Niese, a perpetual easement is necessary since the 45Q tax credit funding the project served as an incentive to kickstart the program.

"After the 12 years, we will continue to operate, so that's why you'll need the perpetual easement," he said.

Seth Harder, of CEO of Husker Ag, in Plainview, said there are 17 to 18 pounds of CO2 per bushel of corn. The company grinds approximately 100,000 bushels per day, so 36 million bushel a year.

"The reason that's not a huge issue today is because that's naturally-occuring biogenic CO2, which means the corn plant takes it back into the plant and grows corn," he said. "It's an important project because we can take our concentrated CO2, put it in the pipeline, put it in the ground and then those plants, in nature, can take the CO2 that's left in the atmosphere from all the fossil fuel combustion from across the entire world."

CO2 is at 4% concentration across the planet, Harder said, because it continually moves.

"One of the issues we're up against is the EU declared they are going to outlaw internal combustion engines by 2035. I think we're on a time crunch to show that ethanol can still be a good, clean fuel. If we don't have this project, it's hard to be net neutral," Harder said. (It's the) largest environmental project the world has ever seen."

Niese said Summit Carbon Solutions has several concerns about proposed regulations and asked for a delay of approval.

"If there's going to be future regulations that are coming in a comprehensive plan or in additions, we'd like them added at the same time, so we can all play from the same rule book," Niese said.

Planning and zoning board member Mary Kaczor said once Summit has applied for a conditional use permit, the company will fall within the proposed regulations.

"If they change after that, that's for new and upcoming," she said.

Summit officials wanted more information about a development permit.

"It limits what a company can do. We don't see a need for it," he said.

Niese also addressed setback and depth of cover rates.

Current county regulations include a four-foot depth of cover and 250 feet on setback.

Proposed regulations would increase setback limits to 400 feet.

Kaczor said the overlay district is 200 feet from each side of the pipeline.

"That's the overlay district. It has to maintain a distance of 400 feet, from a dwelling," she said. "That's 200 feet from the overlay district.

Chairman Bill Tielke said he was asked why you would want a 400-foot dead zone across the county.

"Take someone with an irrigated quarter, and it happens to go go across your corner, it's useless. Is the purpose to render a lot of this area useless?" Tielke asked.

A natural gas pipeline right of way is 25 feet, according to Tielke.

"Why are we quadrupling?"

Tielke queried if Summit will add an odorant to the gas in the pipeline.

No, according to Niese.

"Why wouldn't you want it for public safety? Tielke asked.

Solar energy regulations will be new to the county's plan, according to Kaczor.

"Anything more than 20 acres will need a conditional use permit. If you're going to put on one your house, we're not going to regulate that," she said.

If a solar panel is constructed on a residence, homeowners should notify the zoning office.

Mike Durre, planning and zoning secretary, said his office will notify Nebraska Public Power District, rural electric associations and area fire departments.

"Right now, we're setting the 20-acre amount to one-half mile from any dwelling," Kaczor said. "We did not have a lot of time to spend on this, because we want to get started on the comprehensive plan."

Nine individuals addressed wind energy regulations, with most concerns stemming from setback rates.

Current regulations establish setbacks at 2,680 feet. Proposed regulations would add a 6,000-foot setback from a neighboring dwelling unit.

Ned Porter, land manager for Invenergy, said if the 6,000-foot recommendation passes, there "most likely won't be any windfarms in the county."

"Most development companies will look at the regulations, see a 6,000-foot setback from dwellings. The regulation for wind does not explain what a dwelling is. It also doesn't state participating or non-participating. They'll go to another county. It's that simple," Porter said.

Rod Heiss, of O'Neill, expressed concerns about setback limits.

"We're going to get confinement feeding operations setback, anything related to agriculture in the future, is what I feel."

He said from an economic development standpoint, the wind farms have provided tax relief from the already-overburdened ag sector.

According to former O'Neill Public School Superintendent Amy Shane, whose letter to the board was read aloud, the Grand Prairie wind project resulted in more than $3.693 million in tax relief through nameplate capacity taxes.

"I think agriculture is looking for added value to what we're doing. I see wind towers being one of those things. I hate to see people shut that opportunity down," Heiss said.

Bill Kaczor, of rural Ewing, said tax dollars are important.

"But the dollar isn't everything when it comes to that ... To protect the rights of people who don't want them in their backyards is something to be considered," Kaczor said.

Steve Boshart, of O'Neill, asked about the status of planning and zoning's comprehensive plan.

Planning and zoning commission members have focused on developing new or revising current regulations as they work through the county's comprehensive plan, which was written in 1980.

The commission is working with Marvin Planning Associates, of David City, to assist with the rewrite of the plan and updated regulations.

"Why are we going through this if in 18 months, you're going to have it (regulations) in there (comprehensive plan)?" Boshart asked.

Mary Kaczor said the planning and zoning board felt regulations needed to be in place now. Regulations could change once the comprehensive plan is complete.

"When that's done, it'll be the animals next. And then maybe noise. Or whatever. Maybe not your group, but another group just like you that these guys appoint. If you take landowner rights away from me and give it to someone else, how is that better?" Boshart asked.