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ESCANABA -- At their regular meeting Tuesday, the Delta County Board of Commissioners reviewed the final draft of the 2026 Solar Ordinance Amendment to the current Delta County Zoning Ordinance.
The ordinance details Solar Energy Systems (SES), utility-scale SES requirements, utility solar energy production and more. The draft was approved by the Delta County Planning Commission on Oct. 5, and it was submitted to commissioners for final adoption.
A public hearing was held on the issue on April 13 earlier this year.
The ordinance states SES are "intended to serve a single residential unit, multi-residential unit or small business and occupies no more than one acre of land or roof surface; height, setback and noise requirements applicable to the zoning districts."
Additionally, Utility-Scale Solar Energy Systems are intended to supply energy to be sold, according to the ordinance.
During discussion on the agenda item, commissioners reviewed a section of the final draft outlining the Utility-Scale Solar Energy System requirements, particularly SES developers' impacts on wildlife.
One requirement in the section states, "Any development will avoid and minimize negative impacts on wildlife, including overflight migrating birds and riparian zones, and provide on-going monitoring if negative impacts to wildlife are identified. Post-construction monitoring will determine ongoing impacts to wildlife, with emphasis on migratory birds. Study results shall be made available to the public."
Commissioner Patrick Johnson raised the question of who exactly determines what counts as a "negative" impact on wildlife.
"So if I'm the landowner, and I hear about a problem, I'm going, 'I'm making some money off this thing. Problem? No problem," Johnson said.
In response, Commissioner Christine Williams said the developer and landowner would be the responsible parties for identifying, monitoring and mitigating negative impacts on wildlife.
"They have the right to do that. They have the right to ignore it if they want," Williams said. "I don't think that's in anybody's best interest, but they certainly have that right."
Other requirements outlined in the draft pertaining to impacts on wildlife and the environment include:
-- Solar panels must be setback at least 30 feet from existing property lines.
-- No SES will produce glare that would constitute a nuisance to occupants of neighboring properties or to people traveling on public roads.
-- No SES shall produce noise that exceeds 55 dBA (A-weighted decibels), as measured at any neighboring property line.
-- Revegetation for means of controlling runoff and erosion is required. Vegetation will consist of regionally appropriate shrubs, grasses, sedges and/or flowers.
-- Any development that may impact groundwater will be compliant with all EGLE and Health Department regulations.
The board referred their suggestions back to the Planning Commission for review.
The full final draft of the 2026 Solar Ordinance Amendment can be found on the county's website.
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Sophie Vogelmann can be reached at 906-786-2021 or svogelmann@dailypress.net.