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Clay County adopts new utility-scale solar rules after months of public hearings and a dispute over setbacks near Spirit Mound

July 27, 2026 | Clay County Agendas, Clay County, South Dakota


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Clay County adopts new utility-scale solar rules after months of public hearings and a dispute over setbacks near Spirit Mound
After an extended public hearing process and multiple Planning & Zoning reviews, the Clay County Commission adopted a utility-scale solar ordinance addressing siting standards, setbacks, decommissioning bonds and community protections for historic resources such as Spirit Mound.

The ordinance was the focus of prolonged public comment. Local residents, the Clay County Historic Preservation Commission and the Spirit Mound Trust argued for large setbacks and explicit protections for the mound’s historic viewshed; some landowners and developers urged smaller buffers to preserve property rights and economic opportunities. The Commission debated competing concerns and ultimately approved the ordinance following a second reading and recorded vote.

Why this matters: The ordinance creates a countywide regulatory framework for conditional-use permitting, decommissioning bonds and site-specific mitigation — including lighting, noise and drainage reviews — that will be applied when proposals for utility-scale solar projects are submitted.

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