Solar Facility Regulations

In June 2022, the Board of County Commissioners approved amendments allowing utility-scale solar facilities in Johnson County. These amendments now allow such facilities, following specific regulations – as detailed in updates to Johnson County’s Rural Comprehensive Plan and zoning regulations.

The amendments approved by the BOCC followed a thorough process involving recommendations by the Planning Commission and input from the public. Utility-scale solar facilities, or USSFs, require a Conditional Use Permit for development, and need to follow guidelines regarding location, size, environmental impacts and more.

Why Allow Utility-Scale Solar Facilities?

Blue solar panels in a solar farm

In recent years, the United States has attempted to move towards a more sustainable energy model that reduces the carbon footprint. The technology to do so is currently available and in use in certain parts of the country. One such clean energy source is electricity generated by solar energy.

Utility-scale solar facilities are large-scale solar energy projects, utilizing hundreds or thousands of acres – far bigger than other unincorporated land uses. They also have long lifespans of 20-40 years or more. This results in the need for specific regulations for USSFs to best manage the development of Johnson County.

Guidelines for Utility-Scale Solar Facilities

As outlined in the Rural Comprehensive Plan, if developed, USSFs will likely be located within the Rural zoning district, which holds the majority of very large parcels within the unincorporated area of the county. This district is intended for agricultural and low-density residential uses.

In order to uphold the rural character of these areas, USSFs should be designed to follow the typical agricultural development pattern of fields and pastures with existing treelines and stands of mature trees, with an emphasis on preserving existing vegetation and minimizing grading.

Blue boxes with icons of a calendar, box with arrows in it and row of houses

A Conditional Use Permit is required for development of a USSF, since this would permit a use not normally allowed in the county's zoning districts. The applicant would need to go through the applicable zoning board and then the BOCC for approval of the permit.

Updates to the Rural Comprehensive Plan identify key guidelines for development of USSFs within the RUR zoning district:

  • Length of a Permit: A 25-year Conditional Use Permit term, with a one-time automatic extension for five years if the project remains compliant.
  • Project Area: A Maximum Project Area of 2,000 acres, including a waiver option.
  • Distance from a City: A 1.5-mile minimum distance from a city, including a waiver option.

Utility-Scale Solar Facilities: Land Use Goals

  • Protect rural character: adopt performance standards, including requirements for setbacks, screening, scale, height, noise, lighting, controlling sunlight glare and more.
  • Protect parks and environment: encourage USSF locations away from parks, trails, and environmentally sensitive areas, and require a visual impact analysis,  environmental impact assessment, wildlife corridors, setbacks, stormwater management and more.
  • Support future development: encourage USSF locations away from existing and future residential areas, adopt buffer zones and setbacks, establish permit term limits, protect land areas for future development, coordinate with city plans and more.
  • Stay fiscally responsible: minimize potential burdens on taxpayers by requiring applicants to provide surety for decommissioning.
  • Protect from fire hazards: regulate battery energy storage through coordination with local emergency services and conformance with fire codes and standards.

Zoning Regulations for Utility-Scale Solar Facilities

The BOCC approved zoning regulations for USSFs, ensuring that the facilities are built according to specific development standards. This includes standards for the project area, buffer zone, application process, required meetings and public hearings, and performance standards for setbacks, screening, lighting, noise, maintenance and more.

General Provisions

The sum of the parcels of land in the development plan is known as the project area, intended to accommodate a single USSF. The project extent is the smallest rectangle that encompasses the entire project area.

The equipment within a USSF can include photovoltaic panels, as well as charge regulators, inverters, substations, Battery Energy Storage Facilities and more. A buffer zone should be established to mitigate the effects of the USSF on the surrounding area.

Chart showing map of project area and extent, highlighted in red

Application Process

A Conditional Use Permit must be approved before development of a USSF takes place. Each Conditional Use Permit application should include:

  • a solar facility report detailing the project
  • a development plan with the Project Area and details of all proposed structures, and
  • a decommissioning and reclamation plan.

The applicant must hold a neighborhood meeting to give the community a chance to hear from the applicant and ask questions (all property owners within 1,000 feet of the proposed USSF). A public hearing would then be held by the zoning board, before the item would go on to the BOCC for a final decision.

Blue solar panel and a sheep standing in a grassy area nearby

Development and Performance Standards

Development and maintenance of a USSF includes these standards and more, which the applicant must abide by:

Setbacks

The minimum setback for a USSF is 50 feet from a street and 250 from all dwellings.

Height

The maximum height of the photovoltaic panels should be 10 feet (lowest edge) or 15 feet (highest edge).

Fencing

Security fencing may be no taller than 12 feet.

Ground Cover

To prevent erosion and manage runoff, land under and around the panels should be seeded with prairie grasses and native plants.

Screening

USSF structures should be screened from outside view using landscaping, berming, fencing, etc.

Storage

Outdoor storage will not be allowed unless permitted in the Conditional Use Permit.

Lighting

Lighting should not exceed 150-watt incandescent light bulbs and should not spill onto surrounding properties.

Reflection

USSF structures should direct reflected sunlight away from surrounding properties and streets.

Noise

Noise should not exceed 60 dB.

Codes

Construction and operation of the USSF must comply with all regulations and code requirements.

Maintenance

The owner of the USSF should keep the facility in good repair and is responsible for road damage caused by installation or decommissioning.

Equipment Requirements

The USSF must meet specific requirements for approval of Battery Energy Storage Facilities and substations.