Deuel County Zoning Board approves waiver option for 2,000‑foot setback on high‑voltage lines

CLEAR LAKE, S.D. — The Deuel County Zoning Board on Feb. 3 amended a proposed zoning rule that would have required a 2,000‑foot setback from inhabited residences for overhead transmission lines over 345 kilovolts, adding a provision that allows landowners to consent to reduced setbacks.

The change came during a joint public hearing on Ordinance #B2022-01-11 proposing rules for “Essential Services.” Utilities representing the project—Kirk Phinney of Otter Tail Power Company and Tim Rogers of Xcel Energy—told the board a 2,000‑foot requirement for a proposed 765 kV line would increase route length, require more structures and impose greater land impacts. They asked the county to consider a waiver for willing landowners.

The move to amend the ordinance was made by board member Jay Grabow and carried on a roll-call vote (Dennis Kanengieter Yes; Kevin DeBoer No; Jay Grabow Yes; Mike Lammers Yes; Chairman Mike Dahl No). The zoning board then voted to recommend the amended ordinance to the Deuel County Commissioners; Zoning Officer Jodi Theisen and County Auditor Parker said the Commissioners will hold the ordinance’s first reading on March 3, 2026 after the required publication period.

Residents expressed health and property‑value concerns. Steve January cited worries about childhood leukemia; in response Dr. Jeff Ellenbogen, MMSc, MD, summarized his review by saying, “there are no known health risks,” and noted that noise levels would be low and industry right‑of‑way standards address local impacts. Jesse Lyon, a transmission engineer for Northern States Power Company, said designs comply with NESC and OSHA standards and that electric and magnetic fields are modeled to maintain safe conditions.

Board members debated tradeoffs between accommodating willing landowners and protecting residences. Jay Grabow said he was comfortable allowing landowners to agree to reduced setbacks, while other members questioned whether the county should host large transmission infrastructure that provides limited direct local benefit. The board noted that the ordinance can be adjusted later and that additional permitting and review remain before construction.

The amended ordinance changes Article XII Section 1248 to include the applicability and setback rules for lines above 345 kV and adds “Essential Services” as a conditional use in the Agricultural district if they meet Section 1248 requirements. The zoning board’s recommendation sends the amendment to the County Commissioners for their March 3 first reading.

If the County Commissioners schedule hearings or make changes, the board indicated it can revisit setback language and related easement issues. No construction is imminent; utilities said more permitting and federal reviews would follow any county approvals.