WAUKESHA — The Waukesha County Board is expected to consider an ordinance tonight that would approve zoning code amendments in the Town of Mukwonago related to utility-scale solar energy projects.
The proposal would approve a Town of Mukwonago ordinance which amends the town’s zoning code to establish regulations for utility-scale solar energy uses. The Mukwonago Town Board approved the proposed text amendments May 6 following a public hearing. According to meeting documents, the changes are intended to create a framework for reviewing and permitting large-scale solar developments while accommodating both public and private utility uses.
The documents said the town has had interest from a property owner for this use type and they are working to ensure that there is a clear permitting process.
Meeting documents also said there are limitations placed on local governments by state law.
“State law prohibits communities from imposing restrictions for solar energy systems unless the restriction services to protect the public health or safety and may not significantly increase the cost of the system or significantly decrease its efficiency,” documents said.
Waukesha County Supervisor Robert Kolb posted on June 5 on Facebook.
“Just a heads up! An approximately 40 acre solar farm is going to be requested in the Town of Mukwonago. I do (not) know who or where in the town yet,” he wrote.
The Freeman reached out to Kolb but didn’t hear a response.
County Supervisor raises concerns over ordinance
Waukesha County Supervisor Darlene Johnson, who is also a Village of Mukwonago trustee, told The Freeman in an email that she attended the June 16 Land Use Committee meeting as a member of the public because she does not serve on that committee.
“I listened to Waukesha County Senior Planner Fruth explain Ordinance 181-O-012 regarding asking Waukesha County Approving for the Town of Mukwonago Ordinance amending Town Zoning Code regarding Utility Scale Solar Energy Uses,” Johnson said.
Johnson said she later contacted Mukwonago Town Administrator Kathy Karalewitz for additional information about the proposal.
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“When I reached out to Mukwonago Town Administrator Kathy Karalewitz, she advised me the Town Attorney said due to state statute, their hands were tied,” Johnson said. “The Town Administrator told me, at this time, there is no application, but the 40-acre farmer is inquiring.”
Johnson pointed to Wisconsin Statute, which limits the ability of local governments to restrict solar energy systems.
“Wisconsin State Statute 66.0401 restricts local government (counties, towns or villages) from placing unreasonable restrictions on the installation or use of solar energy systems unless to serve to protect the health and safety of the town,” she said. “They (Mukwonago Town Board) had no recourse but to request County Government’s help to create an Ordinance to control or regulate (with conditional use) how Solar Farms operate in their municipality.”
While Johnson said she understands the town’s reasoning for pursuing the ordinance, she also raised concerns about several aspects of utility-scale solar projects.
“I have many concerns about this ordinance,” she said. Johnson said erosion and stormwater runoff are among her concerns, indicating discussions she heard from officials in other counties.
“Although the conditional use framework mentions erosion control, other counties per Wisconsin Counties Association conference events members had shared how some counties with solar farms regret not having stronger language regarding erosion due to water runoff from plants and grass underneath solar panels causing water deteriorating of county roads,” she said.
She also expressed concerns about battery storage systems that may accompany solar developments.
“I have concerns about lithium-ion batteries (which are often attached to complex solar panels), possibly causing sparks which could potentially cause chemical fires. Speaking of fires, the concern would be to have multiple ways to access these solar farms in case of a fire occurring,” Johnson said.
Despite those concerns, Johnson said she recognizes the town’s goal of preserving its rural character while establishing local oversight of potential solar projects.
“I do understand that the Town of Mukwonago is asking for this ordinance to give them the ability to have conditional use for Solar Farming since their local focus is on preserving rural landscape and environmental corridor,” she said.
The Waukesha County Board meets at 7 p.m. tonight at the Waukesha County Administration Center, Room 1-0200.
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