Planned Solar Project fails to gain approval at LincolnCounty Commission meeting

With all members present, the Lincoln County Board of Commission met Tuesday, Nov. 25 in the Lincoln County Boardroom.

Commissioners heard agenda items including public hearings and prisoner costs.

Chairwoman Tiffani Landeen opened the meeting with a public hearing to consider an application for a Retail On-Sale Liquor License on the following described premises to wit: The Good Earth Farm LLC, Plat of: Tract 2C of Kroger’s Addition NW 1/4-28-98-51 Lincoln County SD. Parcel #: 098.51.28.B20C.

The applicant, Nancy Kirstein, was present to answer any questions. Commissioner Putnam asked if The Good Earth Farm, LLC was open to the public daily.

“We are a seasonal operation, right now we are closed and we will open up again in May,” Kirstein responded.

Motion to approve by Jim Schmidt, seconded by Joel Arends, motion carried.

Auditor Sheri Lund was present for a public hearing pursuant to SDCL 7-21-22, for the purpose of adopting the following supplements to the 2025 Budget: A supplement to the account of Support of Poor in the General Fund for account 101-4411- 429430 $1,000 and to 101-4411-429440 in the amount of $25,000 and to account 101-4411-429460 in the amount of $15,000 due to claims that have been paid for indigent, a supplement increasing the Domestic Abuse Fund because of over payment of $1,000, a supplement increasing 101-4130-37300 in the amount of $371,645 Revenue received from CLERP, a supplement increasing 101-4130-422120 in the amount of $65,000, a supplement increasing 101-4130-422130 in the amount of $30,000, a

supplement increasing 101-4130-422200 in the amount of $100,000, a supplement increasing 101-4130-427000 in the amount of $5,000, a supplement increasing 101-4130-428000.

The increase to the 4130 accounts is the unexpected cost of prosecution of cases, a supplement increasing 201- 4311-31700 in the amount of $205,000 underestimated collections for motor vehicle, a supplement increasing 201- 4750-429900 in the amount of 30,000 percentage of wheel tax paid out to Cities and townships.

“The supplements are done when an account runs over its budgeted expenditures,” Lund explained.

With no proponents or opponents from the audience, motion to approve by Schmidt, seconded by Betty Otten, motion 4-1 with Arends being the no vote.

Planning Director, Toby Brown was present for the second reading and public hearing for an ordinance of Lincoln County, SD, amending the code of ordinances of the county by changing the zone of the property described as lot 2 of tract 3 of Huizenga Farms 2nd Addition in the Southwest quarter (SW1/4) of Section 2, Township 99 North, Range 50 West of the 5th P.M., Lincoln

County, South Dakota from the a-1 agricultural district to the pd planned development district and amending the official zoning map of Lincoln County. location: parcel: 099.50.02.F302

“The subject property is a few hundred feet South of the corporate limits of the City of Harrisburg. Within the 2050 Lincoln County Comprehensive Plan, this property does fall under the planned growth area,” Brown said.

Property owner, Mark Blow was present to give an update on the plans for the property.

“I’m looking to build a house,” Blow said, before receiving no proponent or opponent feedback from the crowd. A motion to approve made by Arends, seconded by Schmidt, motion carried.

Brown was present for a second reading and public hearing for an ordinance of Lincoln county, SD, amending the code of ordinances of the county by changing the zone of the property described as the North 60 acres of the East half (E1/2) of the Southeast quarter (SE1/4) of section 19, township 99 North, range 51 West of the 5th P.M., Lincoln County, South Dakota from the A-1 agricultural district to the PD planned development district and amending the official zoning map of Lincoln county. location: parcel: 099.51.19.4010.

“When we received the application, we did go through the process and the regulations that currently exist. There are no specific standards for non-accessory solar systems. The county has approved accessory solar systems on different properties throughout the county, but no specific standards for the non-accessory ones. We worked with the applicant and the neighbors to really identify the concerns that existed and if they could be mitigated,” Brown said.

The planning commission conducted a public hearing where a number of neighbors spoke in opposition.

“The planning commission did recommend denial on the affirmative motion with this application,” Brown said.

Tina Munson of U.S. Solar was present to answer any questions about the project.

“We heard the planning commissions feedback and tonight we are proposing and introducing to you the concept of agrivoltaics. U.S. Solar has a lot of agrivoltaics projects already in our portfolio. It’s a combination of solar production, so not

only are we going to be farming the sun, but we’re also going to be folding in some other form of agricultural production. We

already have a partnership with a grazer who has sheep out of South Dakota that comes to some of our sites in Minnesota," she said.

Joshua Chase, Nate Vander Plaats, and Adam Shawn spoke in favor of Munson’s presentation and encouraged the commission to approve the ordinance. Laurel Shaffer was the first to speak in opposition. 

“My husband Ken and I own the property that adjoins the South edge of this parcel. We’re not crazy about the aesthetics of this project. They’ve worked hard to tell us they can plant trees. Trees don’t grow real fast. We have some concerns about the maintenance, weed control, and possible drainage issues onto our property, and wear on our gravel roads during the construction of the process. I believe this project does not provide direct benefits to the residents of Lincoln County, Perry Township, or the City of Lennox,” she said. 

Shaffer doubts the project’s ability to provide cheaper electricity prices or encouraging new growth in the community and requested the commission follow the recommendation of planning and zoning. Kerwin Haan, Sara Steever, Andrew Nielson, Chris David, Amy Harms, Linda Montgomery, and Scott Montgomery echoed Shaffer’s concerns and asked the commissioners to follow the guidance of planning and zoning. 

Commissioner Schmidt asked Brown if the application meets all of the planning and zoning requirements. 

“This is a planned development district, you’re establishing regulations within it. Your comprehensive plan said there is a need for public private utility infrastructure, which is what this is, in appropriate areas and the best way to do that would be through the planned development district, so in a roundabout way, yes, it does as prescribed within these standards or conditions, it does meet your comprehensive plan,” he responded. 

“I’m going to vote for this, and I do that because I want to make sure that you understand that I think I’m following the rules set forth by this commission to follow the comp plan, and I’m not saying that I diminish any of your concerns, I agree with you, if you ever saw a berm, trees don’t grow on berms. So I am going to vote for that and for those reasons,” Schmidt said. 

A motion to deny the application made by Arends seconded by Doug Putnam. Arends amended the motion to the affirmative, a motion to approve project, seconded by Putnam, motion failed 2-3 with Landeen and Schmidt being the yes votes. 

Sheriff Steve Swenson asked the commission to consider a motion to approve and authorize the chair to execute the contract for house of Lincoln County prisoners in Minnehaha County. 

“I have a simple request that Minnehaha County send us an amendment to the contract to adjust the daily rate for prisoner care from $112 per day per inmate to $131.90. The only issue that this could cause is a late, end of year supplement to the budget because I budgeted for the $112 and the price went up after the budgets were done,” Sheriff Swenson said. 

Motion to approve by Arends, seconded by Otten, motion carried.