Thomas commissioners adopt solar energy law

Published 3:31 pm Wednesday, April 12, 2017

County Manager Mike Stephenson

THOMASVILLE — Thomas County commissioners unanimously adopted an amendment to the land use standards ordinance that will regulate the location and construction of solar energy systems and facilities in unincorporated Thomas County — a move the commission chairman said will lead to progress for the county.

At a Tuesday board meeting, Commissioner Mark NeSmith made a motion to approve the amendment. Commissioner Merrill Baker provided the second.

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The amendment will take effect when the solar energy moratorium expires May 8 — unless lifted earlier by the board.

The commission conducted a public hearing in March to hear comments on the proposed amendment. The hearing was followed by a work session in early April, at which commissioners considered changes to the proposed amendment based on comments received.

“During the work session, commissioners agreed to reduce setbacks for solar facilities to 100 feet from all property lines,” said County Manager Mike Stephenson. “The 500-foot setbacks from habitable residences and residential land use districts were left in place. Solar facilities of more than 200 acres were reclassified and limited to commercial general and industrial land use districts. In addition, solar facilities of 200 acres or less will be considered in agricultural districts as a conditional use. Conditional uses are permitted following a duly advertised public hearing.”

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The board also added a provision that requires applicants for solar facilities to provide a performance guarantee in the form of a bond, irrevocable letter of credit or other financial security acceptable to Thomas County in the amount of 125 percent of the estimated decommissioning cost, minus the salvageable value, or $50,000, whichever is greater. The useful life of a solar panel is estimated at 20 to 30 years.

“Dismantling and disposing of salvaged solar panels can be expensive, given the possible presence of hazardous materials,” Stephenson said.

Chairman Ken Hickey said that during his 12 years on the commission, the board has dealt with many issues crucial to the future of Thomas County, and he considers the solar ordinance the most important issue he has had to address.

“We all have put a lot of time in making sure we not only protect our citizens ad their property rights, but to allow progress for the future of Thomas County,” Hickey said.

When asked about solar farms replacing agriculture in some ventures, Hickey, a farmer and landowner, said agriculture “made Thomas County what it is today.”

“The commodity process and overhead costs make it very difficult to pay the bills at the end of the year,” the chairman said. “Solar gives landowners another option for their future, and this ordinance will protect them, as well.”

County government will receive revenue from solar energy operations, but Hickey said the amount is not clear. Depreciation, exemptions and abatements must be considered, he added.

Stephenson said the main intent of the ordinance amendment is to preserve quality of life by regulating the location of solar facilities in rural Thomas County.

The amendment sets two categories:

• Solar systems are installations to homes and businesses for the primary purpose of providing power to the property owner. Solar systems will be considered an accessory land use subject to the land use standards currently in place. The amendment also will require inspection of solar systems for safety concerns and to ensure compliance with industry standards.

• Solar facilities, commonly known as solar farms, are constructed for the purpose of providing power for sale to utility companies. Solar facilities of more than 200 acres are a commercial venture and will be permitted in commercial general and industrial land use districts. Solar facilities of 200 acres or less will be classed as a conditional use in agricultural districts and subject to approval on a case by case basis by the county commission. Solar facilities will not be permitted in residential land-use districts.

Copies of the approved amendment are available for public inspection on the county’s website at www.thomascountyboc.org.

Senior reporter Patti Dozier can be reached at (229) 226-2400, ext. 1820