Utility-Scale-Solar-Overview-Johnson-County-Iowa

This page provides an overview of the application process for proposed utility scale projects on parcels located in unincorporated Johnson County, Iowa.

If you are instead seeking filed or active utility-scale solar applications:

No newly filed applications at this time.

If you are instead seeking recently approved applications:

PZC-23-28330 PCR Investments (Lone Tree) Utility Scale Solar Proposal, click here

BOA-23-28405 Farmers Electric Coop (Frytown at Hwy 1) Utility Scale Solar Proposal, click here

If you are instead seeking information on:

private non-utility-scale solar array within the unincorporated area or the cities of Oxford, Shueyville or Swisher, access the checklist here.

any type of solar array within any other incorporated city, consult with that city.

solar arrays providing energy to Johnson County-owned facilities, visit here.

What's on This Utility Scale Solar Page

Part 1: Introduction

Part 2: Pathway Options and Regulatory Documents

Part 3: Application Process

Part 4: Supplemental Conditions

Part 5: Construction and Post-Construction

Part 1: Introduction

What is utility scale solar?

In Johnson County, Iowa, “Solar Energy Systems, Utility Scale” is defined as follows:

An energy system that uses one or more interconnected solar arrays to convert solar energy to usable thermal, mechanical, chemical, or electrical energy for the primary purpose of wholesale or retail sales of generated electricity. Utility scale solar energy systems do not include concentrating solar power (CSP) systems. This definition does not apply to private scale solar installations that are constructed primarily to provide power for use on-site.

With private arrays, a small amount of electricity may periodically be sent back to the grid for a credit or other value but this is not considered wholesale or retail sale. Utility scale solar sometimes includes a battery storage system, which requires separate permitting.

Where can utility scale solar energy systems be sited in unincorporated Johnson County?

Utility scale solar energy systems in the unincorporated area of Johnson County are permitted as follows:

For projects of 20 acres or less: on agriculturally (A) zoned parcels or on parcels zoned RE--Renewable Energy District.

For projects of more than 20 acres: on parcels that are zoned RE—Renewable Energy District.

The RE district designation is neither a pre-existing defined geographic area nor an overlay district. The RE district is a distinct zoning designation that changes the zoning of a property if a rezoning application is approved by the Board of Supervisors.

Please note that Johnson County has land use jurisdiction, or authority, over only the unincorporated area within the county, meaning outside city limits. The County’s jurisdiction includes the unincorporated villages. A project proposed for a property located entirely within an incorporated city is subject instead to that city’s zoning and permitting ordinances.

For proposals proposed to be located within two (2) miles of any city, applicants may be required to obtain official comment or waiver to comment from the affected city council or its duly authorized representative before the Johnson County approving authority will consider the application. Please refer to the appropriate fringe area agreement available here.

If you are unsure whether an address is located in the unincorporated area or an incorporated city, check the property viewer here.

How are utility scale projects sized?

Solar energy arrays are typically described in terms of kilowatts (kW) or megawatts (MW). An average single-family home rooftop array might be sized at 9 kW. Utility scale solar is typically sized above one megawatt. One megawatt equals 1,000 kW, which is sufficient to power nearly 110 single-family homes.

Johnson County’s utility-scale application process considers how much land in acres a project proposes using, rather than kW or MW, because approval rests heavily on balancing land use, agricultural and environmental protection, property rights and renewable, clean energy needs. In addition, as technology advances, proposed solar array projects may generate more MW per acre.

Is there utility scale solar currently operating in unincorporated Johnson County?

As of May 1, 2024, there are two operational utility-scale solar arrays located in unincorporated Johnson County, a third one is being built, and a fourth is approved to be built.

Existing: Farmers Electric Cooperative array near Frytown. 1.5 MW on approximately nine acres. It began operating in 2014 and expanded in 2016.

Existing: MidAmerican Energy array near Hills. 3 MW on approximately 15 acres. It began operating in 2021.

Build in progress: Another Farmers Electric Cooperative array near Highway 1 at Frytown 1 MW on 3.5 acres. Application BOA-23-28405 approved Sept. 20, 2023.

Approved on Dec. 2,1 2023 to be built: PCR near Lone Tree. 7.5 MW on 50 acres PZC-23-28330.

Part 2: Pathway Options and Regulatory Documents

As of June 2, 2022, there are two options for permitting utility scale solar energy systems in Johnson County. The pathway an applicant will use depends on the total number of acres in the project “use area” and whether the proposed use is primary or accessory. The use area is fully defined in the Unified Development Ordinance (UDO).

Pathway Options: Conditional Use Permit (CUP) or Rezoning (RE District)

Projects involving 20 acres or fewer (to the nearest .01 acre) can apply for a Conditional Use Permit (CUP) or for rezoning to the Renewable Energy (RE) District.

Projects involving more than 20 acres (to the nearest .01 acre) can only apply to rezone to the RE district. This is also known as a “zoning amendment” request.

CUP requests are considered and decided by the Board of Adjustment. Rezoning requests are considered and decided by the Board of Supervisors, following a recommendation from the Planning and Zoning Commission.

IMPORTANT: The RE district designation is neither a pre-existing defined geographic area nor an overlay district. The RE district is a distinct zoning designation that changes the zoning of a property if a rezoning application is approved by the Board of Supervisors

Regulations and Plans

Regulations, plans and procedures adopted by the County apply to all utility-scale projects regardless of size or approval pathway. While this guidance refers to the linked documents below, it is not meant to replace them.

Multiple provisions of the Unified Development Ordinance (UDO) including Amendments affect this process. Refer also to Part 3, Step 2 of this webpage guidance.

Supplemental Conditions (8.1.23.BB), which are part of the UDO, address the many phases of a solar project, including but not limited to pre-construction, construction, operation and maintenance, and decommissioning and site restoration. Refer to the linked document and Part 4 of this online guidance for more information.

Johnson County 2018 Comprehensive Plan including the Future Land Use Map. The Johnson County 2018 Comprehensive Plan includes key issues and priorities as well as goals, strategies and actions for natural resource protection, agricultural protection, and renewable energy use including utility scale solar and wind. Conformance with the Comprehensive Plan guides decision-making on zoning applications. See Volume 3 for the most current updates.

If a project is approved, the owners must apply and pay fees for Building and/or Electrical Permits.

In addition, for proposals located within two (2) miles of any city: applicants may be required to get official comment or waiver to comment from the city council or its duly authorized representative before the Johnson County approving authority will hear the request. Please refer to the appropriate fringe area agreement here.

Part 3: Application Process Overview

Regardless of the proposed project size (20 acres or fewer; or more than 20 acres) and permitting pathway, all utility scale solar applications for the unincorporated area follow the same overall process. The descriptions below apply to both pathways—Conditional Use Permit (CUP) and Rezoning to RE District--except as indicated in Steps 2 and 5.

Step 1: Pre-Application Meeting for the Applicant

The applicant is strongly encouraged to meet with Planning, Development and Sustainability (PDS) Department staff prior to submitting an application. This meeting is to help the applicant understand the application process and requirements and is not a public meeting. The meeting in no way is used to approve or deny an application.

Before an application is formally submitted, PDS can provide the applicant an optional high-level review of the Sensitive Area Report to ensure all components are addressed. Once an application is formally filed, PDS will complete a full review.

Step 2: Submittal of Application Materials

The applicant submits a complete application and pays the application fee. The fee amount depends on use area size and which pathway is being followed. Fees and documents specific to each of the two pathways are described below after "timing."

Timing

Applications may be submitted at any time. However, staff begin the monthly review process according to these submittal deadlines:

CONDITIONAL USE PERMIT (CUP): Third Thursday of the month

REZONING: Second Tuesday of the month

Meeting the submittal deadline does not guarantee the application will be placed on the next available meeting agenda.

Applications are first reviewed for completeness to ensure all required documents have been submitted. Staff will notify the applicant within 10 working days of any missing documents. In addition, filed applications are posted online so the public can access them (for relevant links, check Step 3).

Once a filed application is considered complete, staff review it for compliance with the regulations and prepare a staff report (Step 3).

CONDITIONAL USE PERMIT: Required Documents and Fees

(1) Conditional Use Permit (CUP) Application available here

For regulations related to the CUP application, see 8:1.6. Agricultural Zoning District in the Unified Development Ordinance and Amendments here, which outlines use and area regulations on properties zoned A-Agricultural.

(2) CUP Fee

Access the "Board of Adjustment Applications" section of the fee schedule here. Note: The $250 fee listed on the CUP application form does not apply to utility scale solar.

(3) Applicant Checklist for Utility-Scale Solar Systems is available here.

The checklist and supporting documents that must be submitted for an application to be considered complete relate to adherence to the Supplemental Conditions (UDO 8.1.23.BB). Please access Part 4 of this guidance for more information on the conditions.

REZONING: Required Documents and Fees

(1) Rezoning Application available here.

For regulations related to the rezoning application see 8:1:20A RE—Renewable Energy Zoning District for information on allowed uses and area regulations. The 8:1:20A subsection on the RE Zoning District was added to the UDO in 2022 through this ordinance– see WW (p. 8).

(2) Zoning amendment fee. The fee schedule is here.

(3) Applicant Checklist for Utility-Scale Solar Systems is available here.

Step 3: Staff Review of Filed Applications

County staff review the filed application, which may take several weeks or more. The time required depends on the complexity of the proposed project.

In the process of reviewing the application, County staff may communicate or meet with the applicant in order to clarify technical and process issues and ensure compliance with regulations.

Once an application is filed, a sign indicating that there is a proposed project is placed on the subject property.

Applications are considered “filed” until they are scheduled for an upcoming public hearing, at which point they are considered "active."

Links for filed and active applications are provided at the top of this webpage. Applications (of all types, not just utility solar) are posted online here. Upon request, applications can be made available for viewing in person at the PDS Department on the second-floor of the County Administration Building at 913 S. Dubuque Street in Iowa City.

Step 4: Notification to Participating and Surrounding Property Owners, Public Notices, and Opportunity for Public Comment Prior to a Public Hearing

Once staff determine an application is in compliance with regulations, a public hearing is set, and the application status moves from “filed” to “active.” The official public notice, which lists date, time and location of the hearing, is published in area newspapers, and property owners within 500 feet of the project are notified by direct mail.

Members of the public are welcome to submit written comments to the PDS Department by two business days (not including holidays) before the public hearing date in order for the comments to be included in the agenda packet. Written comments received after that time will be shared with the commission or board members at the meeting but may not appear in the agenda packet. All written comments are entered into the public record.

Step 5: Staff Report

County staff prepare a written report based on their staff review. The staff report includes an assessment of adherence to the Unified Development Ordinance, including supplemental conditions, and consistency with the Comprehensive Plan. The staff report makes a recommendation for approval or denial and details any additional conditions that may be warranted.

Once completed, the staff report is included in the agenda packet for the approving authority and is made available to the general public and the applicant.

Once ready for distribution, the draft staff report is included in the agenda packet for the upcoming public meeting. The staff report will be linked to the specific webpage for the proposed project. Agenda packets can also be found here. Upon request, draft staff reports can be made available for viewing in person at the PDS Department on the second-floor of the County Administration Building at 913 S. Dubuque Street in Iowa City.

Step 6: Public Hearing and More Opportunity for Public Comment

For both the Conditional Use Permit (CUP) and Rezoning pathways, the approving authority or authorities consider the applicant’s application materials, the staff report and recommendation, and public input at a public hearing before any discussion and voting.

The approving authority also considers standards for review in the Unified Development Ordinance (UDO) and consistency with the comprehensive plan. As noted in Step 4, the public is welcome to submit written comments ahead of time and/or share comments at the meeting. Below are overviews of the meetings for each type of request. The descriptions include links on where to find specific meetings times and dates for any active applications.

Conditional Use Permit (CUP) Pathway: Board of Adjustment review and decision vote

CUP applications are considered by the Johnson County Board of Adjustment (BOA) at a regular meeting (typically held the third Wednesday of each month), which includes the public hearing where people can comment. The BOA decision is not additionally reviewed or voted on by any other County authority such as the Board of Supervisors. Active BOA applications are available by scrolling at the website here.

Rezoning Pathway: Planning and Zoning Commission review and recommendation vote followed by Board of Supervisors review and decision vote

First, rezoning requests are considered by the Planning and Zoning Commission (PZC) at a regular meeting (typically held the second Monday evening of each month), which includes the public hearing where people can comment. The meeting also includes a presentation by the applicant and staff (based on the staff report). Once the public hearing portion is closed, the PZC makes a recommendation to approve or deny the request. A recommendation to approve can also include reasonable conditions for the Board of Supervisors (BOS) to consider.

Active PZC applications are available here.

Following the PZC meeting, the BOS schedules a public hearing to consider the application. The official public notice, listing date, time and location of the hearing, is published in area newspapers, and property owners within 500 feet of the project are notified by direct mail. Members of the public may submit written comments ahead of the public hearing by sending them to PDS and BOS offices.

The agenda packet includes the PZC recommendation along with the applicant’s application materials, the staff report and recommendation, and written public comments. The BOS holds the public hearing to take public comments as well as presentation by the applicant and staff (based on the staff report). At the Board’s discretion, the public hearing can be continued over several meetings.

Once the public hearing is closed, there is discussion by the board, and they vote to approve (with or without reasonable conditions) or to deny the application.

Active Board of Supervisors applications are available by scrolling at the website here.

Step 7: Post-Public Hearing Appeal Period

Anyone who wishes to appeal a decision on an application to District Court will have a set amount of time in which to do so. The appeal period varies based on pathway, and more information is available from the PDS Department.

Once the appeal period has closed, any approved project not under appeal moves on to the next step. If an approved project is appealed, no building or other permits are issued while the appeal takes place.

Step 8: Approved Projects

Before obtaining and paying for building permits, the applicant must meet any applicable additional conditions that were set by the Board of Adjustment or the Board of Supervisors as part of the application approval and must submit certain documents for review and approval by the Zoning Administrator.

Once the permit is issued, project construction can begin. The Building Permit Fee Schedule is available here.

Additional Information: Projects With Battery Storage

If a Conditional Use Permit (CUP) utility solar project includes or seeks the option to include onsite battery energy storage, a separate CUP application for the battery will storage will be required.

If a rezoning utility solar project includes or seeks the option to include onsite battery energy storage, additional supplemental information will be required with the rezoning application (see subsection 8:1.23.D1 of the UDO for requirements and any applicable amendments).

Additional Information: Projects of 25 MW or more

The following description is provided for informational purpose only; Johnson County does not control or otherwise manage the state’s Iowa Utilities Board process.

A generating certificate from the Iowa Utilities Board (IUB) is required under Iowa Code chapter 476A before construction can begin on an electric power facility with a 25 MW or greater generating capacity. Proposed projects must still follow local jurisdiction zoning and other permitting or controls.

The IUB allows for public comment and hosts a public hearing in the jurisdiction where the application in being made. Johnson County does not arrange or host this IUB meeting and does not forward public comments the County receives to the IUB.

To track or comment on anything under the purview of the IUB, access the IUB Electronic Filing System here.

Part 4: Supplemental Conditions and Required Documents

The Supplemental Conditions for utility scale solar provide health, safety and welfare, and environmental protections. The conditions also anticipate the eventual return of land to other allowable uses. The following list is meant to give a sense of the features that must be addressed in the project proposal. The list is not meant to be a replacement for the Applicant Checklist available here nor for the Supplemental Condition regulations stated in the actual Unified Development Ordinance (8:1.23.BB).

Supplemental Conditions Overview

Setbacks

Security Fencing

Panel Clearance Height

State and Local Public Road Usage (depending on project size, a Damage Avoidance and Mitigation Plan may be required)

Ground Cover Standards

Landscaping Buffer Plans (Determination of screening will be made by the approving authority as part of the review and potential approval)

Agricultural Impact Mitigation Plan

Glare Mitigation

Site Plan

Operations and Maintenance including Emergency Operations Procedures Plan

Decommissioning and Site Reclamation Plan, including Draft Performance Agreement and estimated itemized Decommissioning cost

Sensitive Areas Analysis

Stormwater Management Plan

Note: Applicants are not required to submit an example copy of the agreements between themselves and any landowners from whom they intend to lease or purchase land for the project. Johnson County is not a party to these private agreements.

Part 5: Construction and Post-Construction

Construction Period Requirements: The supplemental conditions address construction period topics including but not limited to roads used to deliver materials, erosion control measures at the work site. County staff or contracted experts are involved in checking and documenting conditions throughout the construction process. If there are issues, the project owner is notified to bring about a solution. Members of the public who have questions or concerns about a project under development can contact the PDS Department.
Post-Construction Requirements: Once a utility scale solar array passes inspection by the County and meets any other requirements by other agencies with authority or jurisdiction (grid operator, Iowa Utility Board, utility purchasing the power, etc.), it can begin operating. The array owner must submit periodic documents and reports related to operations, maintenance, emergency procedures and more to Johnson County in order to remain in compliance. Members of the public who have questions or concerns about an operating utility solar project can contact the PDS Department.
Decommissioning and Site Reclamation: The Utility Scale Solar Supplemental Conditions include requirements for the timely and responsible decommissioning of the site at the end of its useful life or after one year of being non-operational abandonment. The decommissioning and site reclamation process must be completed within one year and include the removal of structures, disposal (recycling where possible) of materials and return of the site to an undeveloped condition. The project owner guarantees inflation-adjusted funds will be available for this process (i.e. the County and taxpayers are not stuck with a clean-up bill).

Contact Information

Phone and Email: If you have questions about utility scale solar, contact the Planning, Development and Sustainability Department by email at [email protected] or by phone at 319-356-6083.
In-person: The documents posted at this website are also available for viewing in person at the PDS Department, located at our TEMPORARY LOCATION on the third-floor of Health and Human Services Building at 855 S. Dubuque St. in Iowa City, Iowa.