November 25, 2025 - First Reading WES Ordinance

STANLEY COUNTY COMMISSION SPECIAL MEETING

MINUTES

November 25, 2025

The special meeting of the Stanley County Commission was called to order at 5:00 P.M. (CT) by Chairman Craig Heller with Commissioners Mike Kenzy, Dana Iversen, Sonny Harrowa and Gary Grittner. Also present was Director of Equalization Jodi Bothwell, Bob Coverdale, Central South Dakota Enhancement District David Reiss, Larry McQuistion, Barb McQuistion, Don Kirkpatrick, Lura Kirkpatrick, Mindy Kirkpatrick, Alan Anker, Sharon Anker, Tanya Heller, Levi Tibbs, Raymond Tibbs, Darla Tibbs, Randi Norman, Blake Norman, and Auditor Philena Burtch. The meeting commenced with the recitation of the Pledge of Allegiance.

AGENDA: Motion by Sonny Harrowa, second by Dana Iversen, to approve Agenda. All voted Aye. Motion Carried.

Public Hearing – Ordinance 2025-01 – Stanley County Wind Energy System Ordinance

            First Reading: Director of Equalization Jodi Bothwell read the First Reading of the Stanley County Wind Energy Systems Ordinance #2025-01

The purpose of this ordinance is to ensure that the placement, construction, and modification of a Wind Energy System is consistent with Stanley County’s land use policies, to minimize the impact of Wind Energy Systems facilities, to establish a fair and efficient process for review and approval of applications, to assure a comprehensive review of environmental impact of such facilities, and to protect the health, safety, and welfare of the county’s citizens.

There are seven sections within this ordinance. Section 101 consists of 46 Definitions.

Section 102 is Applicability, which states what type of turbines these regulations apply to. It states what type of turbines the SD Public Utilities Commission (PUC) has siting authority for. That SDCL 49-41B-25.1 requires small wind energy projects with a combined capacity that exceeds 5 megawatts are to file a notice with the PUC four months prior to construction.

Section 103 is the Federal & State Requirements that a Wind Energy Systems facility shall meet or exceed.

Section 104 states that the Planning & Zoning Director may require the applicant to pay for a third-party technical study of a proposed facility.

Section 105 is the Requirements for the siting of a Wind Energy Systems. This is where the ordinance will state which zones prohibit WES, what permits are needed, along with other specifications, but not limited to topics such as construction of roads, setbacks, turbine spacing, feeder lines and flicker analysis.

Section 106 states what information, documentation and permits are required to apply for a Conditional Use Permit.

Section 107 is Decommissioning. This section states Decommissioning Period, Decommissioning Requirements, Decommissioning Plan, Financial Assurance and Failure to Decommission.

Comments: There were comments made regarding the decommissioning financial insurance needs to be more defined. A 5-mile setback from the Corps take line. Notification of change of ownership.

Written Submissions: There were no written submissions received prior to the meeting.

Suggestions: There was one suggestion to change the setback to 2 miles instead of 3 miles.

After discussion, there were no significant changes considered. The second and final reading will be Tuesday December 16, 2025, at 5:00 P.M.

Adjourn: Motion by Gary Grittner, second by Mike Kenzy, to adjourn at 6:15 P.M. All voted Aye. Motion Carried.

ATTEST:                                                          BOARD OF STANLEY COUNTY COMMISSIONERS

            (SEAL)

Philena Burtch, Auditor                                    Craig Heller, Chairman