Deuel County boards recommend ordinance to define “actual construction” for wind and solar permits

Deuel County officials recommended approval of an amendment to the county zoning ordinance Tuesday that would replace inconsistent wording about when a project has begun with a clear definition of "Actual Construction." The joint meeting of the Deuel County Planning Commission and the Board of County Commissioners took place Jan. 6 in the courthouse in Clear Lake.

The proposed Ordinance #B2022-01-10 would amend provisions for Wind Energy Systems and Solar Energy Systems so that permit-expiration language reads, in part: "The permit shall become void if no substantial actual construction has been completed commenced within three (3) years of issuance." Zoning Officer Jodi Theisen said the change is intended to make enforcement consistent and to remove ambiguity created by the undefined phrase "substantial construction." She told the boards the amendment "does not change timelines, grant extensions, or approve any projects, but clarifies the standard for fair and legal application of the ordinance."

State's Attorney Evenson told the joint hearing the draft language aligns with state law and will help the county apply a consistent legal standard when deciding whether a permit remains valid. During public comment, resident Steve January asked, "Why is a building permit required for a shed on skids without a foundation?" Theisen replied that portable sheds are still considered structures for zoning purposes and a permit ensures setback compliance and addresses safety and visual concerns.

Lisa Agrimonti, identified as an attorney for Invenergy, offered her interpretation of how the "actual construction" definition could be applied in practice and suggested the boards consider how the standard would be implemented in varied project types. The hearing record shows no requests for timeline changes or project approvals; the amendment is framed as a clarifying edit to existing ordinance language.

After closing the public hearing, the Planning Commission voted to recommend approval of Ordinance #B2022-01-10. The motion, made by Mike Lammers and seconded by Kevin DeBoer, passed on a roll-call vote with DeBoer, Lammers, Grabow and Dahl voting yes. At the commissioners' request, Theisen read the ordinance for its first reading. The board scheduled a second reading for 9:30 a.m. on Jan. 20, 2026.

The county took no final adoption action at the Jan. 6 meeting; the ordinance will return for the scheduled second reading before any change to the zoning regulations becomes effective.