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Commissioners discuss legal limits, moving forward
COLFAX — Members of the Save the Palouse not-for-profit group made an appearance at the Whitman County Commissioners workshop Monday, June 24, to voice their concerns with how Commissioners are handling the proposed wind turbine project near Kamiak Butte.
Several questions were asked concerning county code and setbacks from the proposed wind turbines and property located nearby.
According to Commissioner Art Swannack, the Commissioners are currently in the process of looking at what resident’s concerns were during the April 29 workshops discussing county code and law surrounding Energy Facility applications. As well as several emails they have received concerning the topic.
Commissioners discussed with members what they were capable of doing within state law and said that they have been looking at the pros and cons and they will discuss and make a recommendation during the Monday, July 1, meeting.
Commissioner Art Swannack said that the confusion has to do with how much County Commissioners have under state law to actually stop the wind project.
“The reality is with the way EFSEC (Energy Facility Site Evaluation Council) has been empowered we don’t have authority to stop it at the county level,” Swannack said, adding that the project applicant can just go directly to the state agency EFSEC and apply to have the wind farm built at any time.
According to Swannack, Commissioners have to worry about how the code is written due to if it is written unreasonably then the applicant can follow through with going to EFSEC and the Enerty Facility Site Evaluation Council can choose to ignore the county code.
“Such as, if your distance from any particular point is excessive to what the courts have determined as reasonable,” he said.
Save the Palouse not-for-profit members primary goal is to stop the project from happening and ask that Commissioners put a moratorium, or temporary prohibition of activity, in place.
Swannack said that a moratorium would stop the county from receiving applications and use permits, “It doesn’t change code and it doesn’t stop the state from looking at our code when considering a project under the EFSEC,” he said.
If a moratorium is put in place, according to Swannack, there has to be solid reasoning and a process of amending the code has to be done within six months.
Swannack mentioned that there is is also Interim Zoning Regulations, “What you do there is you immediately change the code for the short term, but you have to go through the whole planning process with the planning commission,” he said.
According to Swannack the County Commissioners can not change zoning code without going through the Planning Commission and can have public meetings that the public is allowed to testify at.
The plans are then passed on to the commissioners for recommendations. “Commissioners can not do it by themselves,” Swannack said, “that’s part of state law.”
Swannack said that the commissioners have to look at the whole picture to be able to see all that they are able to do.
According to Swannack keeping the project at the county level is the best way to move forward instead of letting it go to the state. “The state doesn’t have to consider what the county says,” he said.
Swannack said that County Commissioners will keep looking into it and see what they can do to listen to the residents and still follow state law. “We want to do what’s best for the residents,” he said.
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