Commissioners discuss wind farm moratorium

COLFAX — The Whitman County Commissioners are continuing discussions on the moratorium imposed on Commercial Wind Energy Generating Facilities.

During a workshop, Monday, Jan. 13, commissioners brought up moving forward with re-examining county zoning code.

Newly appointed Chair of the Board Commissioner Tom Handy brought up concerns about the county protecting itself from the state’s Energy Facility Site Evaluation Council’s (EFSEC) expedited process for going through the signing process on wind generating facilities.

Handy asked if anyone knows how close Harvest (Hills) was to having their State Environmental Police Act (SEPA) documentation completed.

“I think they were going to be applying in February,” Public Works Director Mark Storey said. “Which would presume that most of their SEPA work is near completion.”

Handy asked because the process states if there are no significant environmental concerns, and none with the county code, EFSEC could sail through the process.

“I don’t particularly think that’s in the county’s best interest to have that happen,” he said, adding there are potential things they could do to avoid that.

Commissioner Art Swannack stated that under EFSEC’s expedited processing, it says the council may grant applicant expedited processing for application for certification upon finding the environmental impact of proposed facility is not significant or will be mitigated to a non-significant level.

“And their project is found to be consistent in compliance with city, county and regional land use plans and development ordinances,” Swannack said.

Swannack said he does not know if they are going to be automatically found insignificant on a Environmental Impact Statement (EIS).

“Maybe their mitigation covers that, but they already have to comply within our county, so the ordinance says based on this to be expedited.”

Swannack said they also do not know, because Harvest Hills has not applied yet.

Handy stated he is concerned the county is leaving themselves open for filing the expedited process through EFSEC and suggested an alternative that would do interim control on the ordinance making it so the wind plan does not comply with county ordinance.

“The setback from the county park would be far enough away that the way they got the plan sat right now they couldn’t do it,” Handy said.

Swannack raised legal concerns regarding those that already signed leases with Harvest Hills, which would put liability for paying potential losses of millions.

“We need to look at ways that we can accomplish something,” Commissioner Michael Largent said. “Not look at ways that we can say that nothing works.”

Commissioners agreed to have further discussion with the Planning Commission and Whitman County Attorney Denis Tracy.

Commissioners signed a moratorium delaying the proposed Harvest Hills Wind Project and any other commercial wind energy generating facilities, on Wednesday, Jan. 8.

Whitman County Prosecutor and Civil Counsel Denis Tracy said in past reports the commissioners met at 1 p.m., on Wednesday, Jan. 8, for an executive session to discuss the moratorium.

At approximately 2 p.m., commissioners reconvened for a public meeting to consider the moratorium and approved to move forward with putting a hold on all potential wind turbine developments until county zoning code is re-examined.

The ordinance states the county will adopt the moratorium on the establishment, location, operation, licensing, or maintenance of commercial wind energy facilities (Ordinance No. 088670).

The ordinance adopts a temporary moratorium regarding Commercial Wind Energy Generating Facilities in order to provide time for the county to consider necessary zoning regulations and amendments as they specifically relate to wind energy facilities.

The ordinance states a moratorium is enacted by local governments to preserve the status quo so new plans and regulations will not be rendered moot by intervening development. (RCW 36.70.795).

In past reports, Tracy stated the commissioners must hold a public hearing where they invite the public in and allow members of the public or developers to comment on the moratorium within 60 days.

The moratorium will remain in effect until July 7, 2025, unless extended according to RCW 36.70.795 or earlier termination by the board of county commissioners.

A formal date for the public hearing has not been set at this time.