10/20/2026, Historic Ogle County Courthouse, 3rd Floor, 5:30pm
Good morning everyone! Just a gentle reminder that tonight's Ogle County Board meeting is set for 5:30pm on the Third Floor. If you have mobility issues, please be sure to give yourself extra time to navigate the stairs (just in case the elevator is being worked on).
If you are preparing to speak during public comment, please limit yourself to three minutes. You will have very little wiggle room to go "off book", so please continue to be prepared and respectful.
With that all being said, continue to engage civically and carpool if you can.
We also wanted to share a particularly illuminating timeline of events that have led up to this afternoon. It is copied and pasted below:
Timeline re: Constellation, Insertion of “Data Center” and O-2024-1206
June 14th, 2024: Constellation request for rezoning filed (with ZBA)
June 24th, 2024: Rockvale and Marion Townships notified of Public Hearing July 9th, 2024 re Constellation’s request filed on June 14th.
June 24th, 2024: Ogle County Life – byline “Rochelle Mayor Bearrows makes presentation to board Tuesday evening,” with following quotation from APZ Chair Dan Janes therein: “This would give Constellation the opportunity to look into some very demanding customers to help their industry. I cannot share all of the information. This would probably have a very positive impact on our county’s equalized assessed value (EAV). It could have the opportunity to be as big as big can get in Ogle County. We need to do this so we’re first on the list.”
June 27th, 2024: On Thursday, 27, the Ogle County Regional Planning Commission (RPC) voted 3-2 to recommend that the Ogle County Board deny Constellation’s petition.
June 29th, 2024: Publication re Ogle County RPC denial of rezoning recommendation (for 596.33 acres):
OREGON – A request by Constellation Energy Generation to rezone 596.33 acres of company-owned land around the Byron Generating Station has failed to earn a positive recommendation from the Ogle County Regional Planning Commission.
Constellation, which owns the nuclear station, is requesting that 17 land parcels in Rockvale and Marion townships be rezoned from AG-1 Agricultural to I-1 Industrial; half of one parcel is zoned R-2 Single-Family Residential. The company also is asking that data centers be added as a special use in I-1 Industrial districts.
“The zoning that’s already there is like patchwork,” said Benjamin Schuster, an attorney with Elrod Friedman LLP representing Constellation. “We’re trying to unify under the industrial district.”
The main reason Constellation is seeking the rezoning is to be able to better market the land – all of which currently is vacant – to potential developers, Schuster said. Any development would comply with Ogle County zoning regulations, he said.
On Thursday, June 27, the Ogle County Regional Planning Commission voted 3-2 to recommend that the Ogle County Board deny Constellation’s petition.
RPC members Jeffrey Franklin, Dale Flanagan and Dennis Probasco voted to deny the petition; Chairman Paul W. White and Vice Chairman Wayne Reising voted against denying it. Commission member Ryan Reeverts was absent.
The RPC is the first of three bodies before which the petition will go before the Ogle County Board makes a final decision. The other two bodies are the Ogle County Zoning Board of Appeals and the Supervisor of Assessments and Planning and Zoning Committee.
Flanagan asked what would protect the property from becoming host to “something we really don’t want it to be” if the zoning changes were approved.
“If we zone it that way, you could build really anything you want to,” Flanagan told the Constellation representatives. “I just feel like we give you an open-ended book as to what you can do with this property [if the zoning change is approved].”
Potential land uses for which Constellation is interested in finding developers are hydrogen manufacturing and processing, aviation fuel manufacturing, and data centers, Schuster said.
Constellation is not seeking zoning approval for any specific developments as part of the rezoning process, he said.
“We’d be coming back once we identify users to partner with you, review site plans for various parcels, have the full process with public hearings and so forth,” Schuster told RPC members. “We want to respect that process.”
The kinds of developments Constellation is proposing would be a benefit to the county long term, Reising said.
“I think it’s going to give the county more stability for what we have already because it’s going to be more beneficial to have a tenant or co-partnership in there,” he said. “We don’t want to see a time come when the [nuclear] plant isn’t competitive on the open market.”
Franklin said his concern was the amount of farmland that would be zoned industrial. There are fights over losing 5 acres of farmland, and this would be rezoning more than 600 acres of it, he said.
“I personally would like them to come and say, ‘We’d like to develop this piece, this piece and this piece,’ and go piecemeal,” Franklin said.
That might make it harder for Constellation to market the land, he said, but rezoning all 17 parcels at once is “too much of a broad stroke for me.”
The Ogle County ZBA meets at 6 p.m. July 9 in the third-floor County Board room of the Old Ogle County Courthouse, 105 S. Fifth St., Oregon.
Both the RPC and ZBA recommendations will be reviewed by the Supervisor of Assessments and Planning and Zoning Committee and then sent to the full Ogle County Board for a final decision.
July 9th, 2024: special ZBA meeting called; Constellation asks for “data centers” to be added as special use in I-1 Industrial districts; meeting was scheduled to take place as soon as possible while still meeting requirements for legal notices at the request of OCB Chair John Finfrock. Mark Miller: “He wanted this not delayed.” Directly contradicts statement by current Board Chairman, Bruce Larson (June 25th, 2026 emails) in response:
Reed: “…I am interested in how comments like this one were made without numerous conversations having taken place with Constellation/its reps and the OCB:
"This is a once-in-a-lifetime opportunity," Janes said at the meeting, according to Ogle County Life. "It will generate millions of dollars. To equate it to agriculture, it would take 434,000 new acres of farmland at $50 an acre to equivocate one year of a data center. We want to enhance economic development and generate new income. . . . [Byron] nuclear plant could probably go [another] 40-60 years if it had a continuous industry to feed [its] energy."(https://ebs.publicnow.com/view/33C24BF2084C2067CF59D8525FA45C471E3104EC
Where did any of those numbers come from? Where did the language for “data center” originate when it was inserted into zoning language? Who proposed the language change?
Or how you were able to provide public comment like this without communication with Constellation having taken place on the record: “The area looks good for such a project,” says Bruce Larson of the Byron site. “It looks like it may fit there very well for the power supply.” Larson serves as the Ogle County board chairman. After several meetings with Constellation, he reports there aren’t any confirmed decisions made on the 524 acres. Yet, the chairman states an AI data center is on the table for development (https://www.wifr.com/2025/01/03/community-prepares-possible-ai-data-center-byron-nuclear-plant/
What information was presented/what communications were had that formed your opinion on why “the area looks good for such a project”?...
Larson:”… Dan Janes, Ryan Reeverts, myself and other board members and residents of Ogle County are speculating on what the Industrial zoned area could be used for just as I’d imagine Constellation is speculating.
It could be a site for more nuclear energy reactors, industrial plants that require consistent electricity, aerospace parts manufacturing, or several other types of industrial facilities. Most likely though it will be one that does require a lot of consistent power or possibly one that generates more power as the attraction to that site for development, other than the power generated by the Byron nuclear energy plant power itself, is the available water from the Rock River and/or cooling from the towers.
If you remember, only a few years ago in August of 2020 Exelon was looking to shutdown the Byron Nuclear energy plant due to state policies and in June of 2021 filed to close Byron, Dresden, Braidwood, and LaSalle and in mid-September of 2021. Ogle County, particularly the Byron and Oregon areas were desperate to keep the plant open for the revenue and wages that would be lost as well as the declining property values.
As far as where the numbers came from, I’d have to guess that Dan Janes was again speculating. As far as the language in the 2024 zoning ordinance update, it coincided with the need to update our zoning ordinances to better position Ogle for the wind farms and solar fields energy generation applications which were growing in numbers and soon after escalated. While updating the zoning ordinances, it was painfully obvious that our zoning was badly outdated. So outdated in fact, that it didn’t even mention nuclear power generation in it at all…”
July 11th, 2024: Ogle County Zoning Board of Appeals (ZBA) postpones meeting on Constellation’s rezoning request (to allow for completion of further documentation)
OREGON – A meeting to hear a request to rezone 596.33 acres of land around the Byron Generating Station was postponed Tuesday night to allow for the completion of further documentation.
In a meeting that lasted less than five minutes, Ogle County Zoning Board of Appeals members unanimously voted to grant Constellation Energy Generation – which owns the land and nuclear station – a continuance to July 25.
“We want to make sure that our application is complete and the Ogle County Soil and Water Conservation District has sufficient time to prepare the reports for the property,” said Ryan Tozer, Constellation’s local government affairs manager. “Constellation’s goal is to be a transparent partner with Ogle County during the rezoning process. We look forward to providing a full presentation on July 25 with the rest of our team.”
Constellation is asking that 17 land parcels in Rockvale and Marion townships be rezoned from AG-1 Agricultural to I-1 Industrial; half of one parcel is zoned R-2 Single-Family Residential. The company also is asking that data centers be added as a special use in I-1 Industrial districts.
“We didn’t have enough time to meet the Open Meetings Act to do a cancellation [of the ZBA], so we had to hold the meeting, open it, and then they entertained the continuation,” Ogle County Planning and Zoning Director Mark Miller said after the meeting.
The July 9 meeting was a special ZBA meeting, Miller said. He said it was scheduled to take place as soon as possible while still meeting requirements for legal notices at the request of Ogle County Board Chairman John Finfrock.
“He wanted this not delayed,” Miller said.
The ZBA is one of three bodies that considers zoning petitions before the Ogle County Board makes a final decision. The other two bodies are the Ogle County Regional Planning Commission and the Supervisor of Assessments and Planning and Zoning Committee.
On June 27, the RPC voted 3-2 to recommend that the Ogle County Board deny Constellation’s petition.
The Ogle County ZBA is scheduled to meet at 6 p.m. July 25 in the third-floor boardroom of the Old Ogle County Courthouse, 105 S. Fifth St., Oregon.
Both the RPC and ZBA recommendations will be reviewed by the Supervisor of Assessments and Planning and Zoning Committee and then sent to the full County Board for a final decision.
July 22nd, 2024: Notice to Marion Township, zoning changes requested by Constellation (filed June 14th, 2024)
July 25th, 2024: ZBA approves 3-2 with all 6 standards met
OREGON – The owners of the Byron Generating Station earned a pass from the Ogle County Zoning Board of Appeals to rezone 524 acres of land around the plant.
Constellation Energy Generation is asking that 10 land parcels in Rockvale and Marion townships be rezoned from AG-1 Agricultural to I-1 Industrial. The company also is asking that data centers be added as a special use in I-1 Industrial districts.
On July 25, ZBA members voted 3-2 to approve Constellation’s petition. Chairman Randy Ocken and members Mark Probasco and Jamey Sulser voted yes; Vice Chairman Paul Soderholm and member Randy Bulthaus voted no.
The ZBA is the second of three bodies before which the petition will go prior to the Ogle County Board making a final decision. The other two bodies are the Ogle County Regional Planning Commission and the Supervisor of Assessments and Planning and Zoning Committee.
On June 27, the RPC voted 3-2 to recommend that the Ogle County Board deny Constellation’s petition.
The Supervisor of Assessments and Planning and Zoning Committee meets at 10 a.m. Aug. 13 in the third-floor county boardroom of the Old Ogle County Courthouse, 105 S. Fifth St., Oregon. Committee members will review both the RPC and ZBA recommendations.
All three bodies’ decisions will be sent to the full Ogle County Board for a final decision. The County Board is set to vote on the matter at its Aug. 28 meeting.
Editor’s Note: This article has been updated to correct the acreage Constellation is requesting be rezoned. The correct acreage is 524 acres. – July 29, 2024
July 30th, 2024: OREGON — Support for Constellation Energy Generation’s request to rezone 524 acres of land around the Byron Generating Station is split.
Constellation is asking that 10 land parcels in Rockvale and Marion townships be rezoned from AG-1 Agricultural to I-1 Industrial. Nine of the parcels are to the east of the nuclear plant and are contiguous; the final parcel, which is only 1.3 acres in size, is southwest of the plant and surrounded by I-1 Industrial-zoned land.
The company also is asking for a text amendment to the Ogle County Zoning Code that would add data centers as a special-use in I-1 Industrial districts.
“We do not have a customer, but it is easier for us to sign an agreement with a potential customer that knows the community is open to industrial development,” said Ryan Tozer, Constellation local government affairs manager. “We are not seeking any development approvals at this time. All we’re doing is creating a marketable environment so we can create marketable development.”
Both the rezoning and the text amendment requests ultimately are up to the Ogle County Board.
But first, they go before three county bodies – the Regional Planning Commission, the Zoning Board of Appeals and the Supervisor of Assessments and Planning and Zoning Committee.
August 13th, 2024: Supervisor of Assessments, Planning and Zoning (APZ) voted to approve and forward onto the Ogle County Board (5-1-1):
OREGON — Constellation Energy Generation’s request to rezone 524 acres of land around the Byron Generating Station on Tuesday earned a third split vote from the Ogle County bodies considering the petition.
Constellation is asking that 10 land parcels in Rockvale and Marion townships be rezoned from AG-1 Agricultural to I-1 Industrial. Nine of the parcels are to the east of the nuclear plant and are contiguous; the final parcel, which is only 1.3 acres in size, is southwest of the plant and surrounded by I-1 Industrial-zoned land.
The company also is asking for a text amendment to the Ogle County Zoning Code that would add data centers as a special-use in I-1 Industrial districts.
Supervisor of Assessments and Planning and Zoning Committee members voted 5-1-1 Tuesday to support Constellation’s petition during the third and final vote needed to be taken prior to the matter being sent to the Ogle County Board for final consideration.
The Ogle County Regional Planning Commission on June 27 voted 3-2 to recommend the Ogle County Board deny Constellation’s petition to rezone 596.33 acres. Seven parcels were removed from the request after the RPC expressed concern about the number of acres being considered for rezoning. On July 25, Ogle County Zoning Board of Appeals members voted 3-2 to approve Constellation’s revised petition.
“Constellation and Ogle County are competing with other counties and nuclear reactors to attract co-located customers,” said Ryan Tozer, Constellation local government affairs manager. “By doing the hard work of rezoning land parcels, Constellation is making the buying of clean energy more attractive to customers. We do not have a customer, but it’s easier for us to sign an agreement with a potential customer who the community is open for business development.”
Committee Chairman Dan Janes and members Stan Asp, Rick Fritz, Lyle Hopkins and Tom Smith voted in favor of the petition Tuesday; member Ryan Reeverts voted no.
Committee Vice Chairman Ben Youman abstained because he works for Constellation. Youman did not participate in committee members’ discussion prior to the vote.
“We do have a very important role in walking a fine line between private property rights and compatible uses for our land,” Reeverts said. “It might not be the best [agricultural] ground out there, … but soil types there are close to the average in the county for our productivity index.”
Voting against the petition was not a decision he took lightly, Reeverts said, but having spoken about the request to many of the adjacent landowners who opposed it and being a fifth-generation farmer himself, there are too many concerns.
“At this time, with the amount of acres that are being looked to rezone, I personally cannot support this,” he said.
The votes of the RPC, ZBA and Supervisor of Assessments and Planning and Zoning Committee will be sent to the full Ogle County Board, which is set to vote on the matter at its Aug. 28 meeting in the third-floor county board room of the Old Ogle County Courthouse, 105 S. Fifth St., Oregon.
August 20th, 2024: OCB approves Constellation’s 524-acre rezoning
December 12th, 2024: during recording of Executive Committee meeting (at 43:33 mark), board member (APZ Chair Janes) mentions data centers and “following up”; no documentation/records of any follow-up despite FOIA requests seeking such information being granted in full
December 17th, 2024: APZ power grab from ZBA and RPC = Ordinance No. O-2024-1206; see Division 9, Administration and Enforcement, Item 4 (Page 9.4) (Set off alarm bells for Heuer and Hopkins)
Of note: October 2024 is the only month that minutes are available from the RPC. November 2024 is the only month that minutes are made available for the ZBA. There is nothing available in 2024 for Supervisor of Assessments, Planning, and Zoning.
2025 Calendar of Events (as made available online)
June 30th, 2025: Notice to Marion Township of Constellation’s request for rezoning filed May 9th, 2025
July 24th, 2025: #02-25 Map Amendment (re: Property Identification Numbers/PINs 10-18-400-010, 10-18-400-001, 10-18-400-003, 10-18-400-014 and 10-18-400-015.
October 16th, 2025: Scrivener’s Error re Rezoning Ordinance No. O-2024-0802, negative to the affirmative."