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WORTHINGTON — The Nobles County Board of Commissioners received an update Wednesday on potential changes to county drainage systems tied to the proposed Summit Lake solar and battery storage project, including the process required before any drainage system reroutes or partial abandonments could be approved.
John Kolb, drainage counsel with Rinke Noonan, joined the board’s work session virtually to explain the statutory process and answer questions about the project.
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The Minnesota Public Utilities Commission (PUC) tentatively approved the Summit Lake solar permit application for the solar farm and battery storage site earlier this month, according to Drainage Coordinator Loretta Halbur.
Halbur told commissioners she had submitted comments to the PUC regarding the county’s authority over the public drainage system. Kolb said the PUC approval maintains the county’s role as drainage authority, separate from local zoning considerations.
The next step would be for the project proponents to petition the county for any proposed modifications to the public drainage system.
Kolb explained that there is a Minnesota Statute which allows a petitioner to request a modification of a drainage system for a public or private benefit. Such modifications can include rerouting or realigning portions of a system.
The petitioner would be responsible for the costs of the proceeding, including posting a bond. The county would establish a hearing date and appoint an engineer to review the proposal.
If a petitioner intends to seek partial abandonment of the drainage system, they must be an owner of a benefited property. The process of partial abandonment is similar to the modification process of the drainage system, with a hearing to determine whether the system serves a substantial purpose as part of the drainage system, and whether the partial abandonment would affect anyone negatively.
The engineer’s role would be to protect the drainage system and those landowners affected by it, Kolb said. Among the standards the board would have to consider is whether a proposed modification would impair the utility of the drainage system or deprive affected landowners of its benefits.
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Commissioners questioned whether the county should use the project’s engineer, ISG, to review the proposed drainage modifications. Kolb said the county could allow the project engineer to stand, but recommended the board consider appointing an independent engineer. Commissioner Justin Ahlers agreed, saying an independent engineer would also help address public perception.
Halbur was directed to begin looking into potential independent engineers. Kolb identified several engineering firms that could potentially perform the review. The independent review could examine such questions as whether proposed modifications would increase the county’s future maintenance costs.
Commissioner Bob Paplow raised the possibility that the project could add more footage to the drainage tile. Kolb said the amount of additional tile would not necessarily change the property’s drainage benefits, but said any additional maintenance or lifecycle costs should be evaluated.
“It shouldn’t make any difference because their benefits are based on their ability to access the system or the burden that they may place on the ditch system,” Kolb said.
The board could potentially place conditions on an approval to account for increased costs to the drainage system, Kolb said.
Commissioners also asked whether the county could establish a setback around a rerouted tile system to ensure there would be enough room for future inspection and maintenance. Kolb said it could require a recorded right-of-way wide enough to allow the county to inspect, maintain and replace the tile. The necessary width would depend on factors such as the depth and size of the tile and the equipment needed for maintenance, he said.
The board also discussed what would happen if the solar project were eventually decommissioned.
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Kolb said the rerouted portions of the drainage system would generally become the new configuration of the system unless a separate agreement required the system to be returned to its original alignment after decommissioning. He said he would not recommend unnecessarily complicating the process by establishing such an agreement unless it becomes necessary.
The land involved in the project also would not automatically be removed from the drainage system’s benefits list simply because it was used for a solar project. Kolb said removal from the benefits list is a separate process under state law.
Ahlers asked whether runoff from the solar project could introduce heavy metals or other contaminants into the drainage system.
Kolb said he was not aware of a specific basis for requiring the county to monitor for heavy metals. He noted that the project had undergone environmental review and said the PUC would likely have required stormwater pretreatment if that were identified as a concern.
He cautioned the board against making assumptions about potential contamination without evidence.
The board also emphasized the importance of keeping affected landowners involved in the process. The board discussed holding informational meetings before a petition is filed and again after a petition is submitted.
Kolb said the county has an obligation to provide notice and public hearings, but additional informational meetings could give landowners more opportunity to understand the process and raise questions. He also said the county has flexibility in establishing its timeline after a petition is filed, although required notice periods and other statutory procedures must be followed.
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The board discussed coordinating the timeline with the project developer while avoiding meetings during particularly busy periods such as planting and harvest.
Finance Director Amy Dykstra told commissioners the preliminary 2027 county budget is currently at an 11.67% levy, although that number could change as additional information becomes available.
Budget discussion included:
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