USSFs pose unique challenges to the unincorporated areas and nearby cities. Those challenges must be balanced with present and future energy needs and can be mitigated with proper controls.

The county was cautious when determining these new regulatory controls. USSFs are very large-scale projects. They can utilize hundreds or thousands of acres, far bigger than other land uses in Johnson County’s unincorporated area. USSFs have long lifespans: 20-40 years, and in some cases longer.

Developers of USSFs often use existing fields or farms for their projects. Larger projects can require collecting multiple parcels, which are sometimes located in different areas. The process to plan for a USSF includes creating setbacks from the project borders; avoiding floodplain, streamways and other sensitive areas; screening with existing trees or new landscaping; allotting space for fences and driveways; providing corridors for the movement of wildlife; and then placing the solar panels.

Because of their very large size, there are two important issues the county considered while moving forward with USSFs:

• How would these projects impact the development and growth of cities?
• What about the preservation of open space and rural character?

Planning staff and the Planning Commission took these questions and more into account and determined that regulations for USSFs can be created with proper development standards.

Once land use policies were established, the Planning Commission and county staff drafted zoning regulations, factoring in caution and a desire for moderation, with the intent of preventing the unincorporated areas from becoming inundated with USSFs.

During its Dec. 14, 2021 meeting, the Planning Commission voted to recommend changes to the Johnson County Rural Comprehensive Plan and Johnson County Zoning and Subdivision Regulations in order to regulate Utility-Scale Solar Facilities, with the following development standards.

CUP Term: 20 years. That’s a typical planning timeframe in Johnson County’s Rural Comprehensive Plan. Experience shows planners can predict growth 20 years into the future.

Maximum project area: 1,000 acres. There are viable USSF projects that are 1,000 acres or less.

Maximum project extent: four square miles (2,560 acres.) (Waiver available). Planning staff knew it could be difficult for all of a project’s parcels to be contiguous (butting up next to each other) due to the topography of the county and landowner participation. That’s the reason for creating the project extent. It allows flexibility but also maintains control and keeps a project contained.

Maximum coverage area: Up to 70% of a project can be covered by solar panels. This allows for the management of stormwater, better vegetative retention, open space and wildlife corridors.

Protective buffer: USSFs have to be located at least two miles from a city border (Waiver available).  They also must be two miles from another USSF located in an unincorporated part of the county. As of now, with current city limits, that makes 10,391 acres available for USSFs.

Setbacks: Structures have to be at least 50 feet from the project boundary (similar to other existing setback restrictions). This setback can be increased if a project area abuts a non-participating parcel on two more sides, or more than 50 percent of the exterior property lines. Substations and battery energy storage facilities need to be 150 feet from the project boundary. Solar facility structures must be at least 250 feet from existing dwellings.

Screening: Solar panels and equipment need to be screened from roads, residential zoning and existing  homes using things like existing vegetation, planting new trees, decorative fencing or berms.

Decommissioning requirements: There is also a plan for decommissioning a USSF. This includes removal of all equipment, stabilizing and reseeding the land, and disposal of materials. This would also include requiring the operator or owner to pay for the decommissioning.

The Planning Commission voted on Dec. 14, 2021 to recommend the proposed solar facilities amendments sent the amendments on to the BOCC to review.

During a special meeting on the regulation of solar facilities on April 4, 2022, the BOCC voted to return the proposed solar amendments to the Planning Commission with a request to review and reconsider the following directives:

1. Clarification regarding off-site street maintenance and repair.
2. Clarification that battery energy storage facilities are allowed related to Medium-Scale Solar Facilities.
3. The addition of a performance standard related to battery energy storage facilities and the requirement of applicants to supply, and assume the costs, of specialized fire safety equipment or other protections, if necessary for such use.
4. Additional suggested clarifications recommended by planning staff.
5. A 25 year Conditional Use Permit term instead of the Planning Commission’s recommended 20 years, with a one-time automatic extension for five years if the project remains compliant.
6. A Maximum Project Area of 2,000 acres, instead of the Planning Commission’s recommended 1,000 acres, including a waiver option.
7. A 1.5 mile minimum distance from a city, instead of the Planning Commission’s recommended 2 miles, including a waiver option.
8. A consideration of adding CUP standards if necessary for impact on surrounding landowners due to the addition of transmission lines to service solar facilities.

During a special meeting on May 10, 2022, the Planning Commission considered the eight directives as requested and submitted to the BOCC the following recommendation that the solar facility regulations include:

1. Clarifications regarding off-site street maintenance and repair to include a requirement that repairs shall be completed in a timely manner.
2. Clarifications that battery energy storage facilities are allowed related to Medium-Scale Solar Facilities.
3. A performance standard related to battery energy storage facilities and the requirement of applicants to supply, and assume the costs, of specialized fire safety equipment or other protections, if necessary for such use.
4. Additional suggested clarifications recommended by planning staff.
5. A 20 year Conditional Use Permit term, instead of 25 years, to include a one-time automatic extension for five years if the project remains compliant.
6. A Maximum Project Area of 1,000 acres, instead of 2,000 acres, including a waiver option.
7. A 2 mile minimum distance from a city, instead of 1.5 miles, including a waiver option.
8. Consideration and review, if necessary, of impact on surrounding landowners due to the addition of transmission lines to service solar facilities.

The BOCC considered the Planning Commission’s revised recommendation.

During a special meeting on June 6, 2022, the BOCC could vote on either:

• Exhibit A, which included the eight directives it outlined during the special BOCC meeting on April 4, or
• Exhibit B, which included the Planning Commission’s response to these eight directives during its special May 10 meeting.

The BOCC voted to approve the solar facilities amendments as outlined in Exhibit A. In its approval of the amendments, the BOCC approved two resolutions: one to amend the comprehensive plan and one to amend the zoning regulations for the purpose of regulating solar facilities in unincorporated Johnson County.

The BOCCC approved resolutions (Exhibit A) include the following standards:

1. 25-year Conditional Use Permit term, with a one-time automatic extension for five years if the project remains compliant.
2. A Maximum Project Area of 2,000 acres, including a waiver option.
3. A 1.5-mile minimum distance from a city, including a waiver option.

Johnson County compiled all documents received by both the Johnson County Planning Commission and Board of County Commissioners on this page to make it easier for the public to locate.

Johnson County strives to make these documents accessible for people with disabilities. If you experience any difficulty accessing the content included in these documents, please contact accessibility@jocogov.org for assistance.