Petition for Pottawattamie County Wind and Solar Ordinance Respecting ALL Property Rights

141

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The Issue

Pottawattamie County has multiple industrial scale renewable energy developers pursuing separate wind energy projects across the county, totaling over 26,000 acres in combined easements (leases):

  • RWE Clean Energy (formerly E.On Climate Renewables aka EC&R Development), project quietly solicited beginning in 2018
    (Minden to Oakland)

  • MidAmerican Energy, Silver Creek Wind Farm, project announced in January 2022
    (Treynor to Macedonia & Mills County)

  • Invenergy, LLC, project quietly solicited beginning in 2022
    (Carson east into Cass County, South into Montgomery County)

  • Apex (aka Prairie Wind, LLC) project announced in August 2022 (Shelby-Avoca to Oakland) 

In regards to the setbacks for industrial wind turbines:

We ask that the Board of Supervisors PROTECT THE PROPERTY RIGHTS OF ALL CITIZENS by restricting Trespass Zoning by corporations who seek to use the zoning of adjacent landowners to their financial benefit, and accept and pass into law the recommendations of the Zoning Board of Adjustment on October 16, 2023 as follows: 

  • 1,500 feet from a non-participating property line
  • 2,640 from a non-participating dwelling

We further ask that non-participating residents be subjected to ZERO effects from commercial wind energy systems (aka wind turbines) to include (and not limited to):

  • Well and Ground Water Disturbances
  • Shadow Flicker/Strobing
  • Ice Shedding/Ice Throw
  • Audible and Inaudible Noise (Infrasound)
  • Wake
  • Vibrations
  • Negative Health Issues
  • Nuisances
  • Liability
  • Electrical, Radio, Doppler, Radar, Cellular and other Transmission Interference

*All of which are listed/included in contracts with energy corporations for landowners to sign away their right to disclosure and/or litigate outside of mediation.

Last, we ask that the Board of Supervisors:

  1. Developers present their projects to the county BEFORE solicitation begins.
  2. a.) Require that all residents and landowners within 15 miles of a project area be notified of a proposed project in their area using maps and information pertaining to the specific project. 
    b.) If that project area changes, all amendments be reported to the board, and residents and landowners be notified prior to solicitation.
  3. We ask that all residents currently in, around, or near proposed project areas be notified of the potential for renewable development near their homes, as many landowners and residents are still unaware of potential development near their homes. 
  4. Restrict industrial Wind Energy Systems from A-3 zoning to protect wildlife.
  5. To acknowledge unincorporated towns with the same respect as incorporated towns and recognize their potential for future growth, and restricting wind turbine construction within two miles of the town without 100% landowner participation.

The residents and landowners of Pottawattamie County, Iowa would like to remind the Board that pursuant to the constitutional parameters of county home rule in Iowa Code chapter 331. Iowa Code §331.301 sets forth the general scope of a county's power and its limitations:

A county may, except as expressly limited by the Constitution, and if not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the county or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents.   

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Charity DueyPetition StarterWe can’t destroy the environment and then say we’re trying to save it.

The Decision Makers

Pottawattamie County Board of Supervisors
Pottawattamie County Board of Supervisors

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